WATCH: April 21: Photo & Video Usage Rights – What Photographers, Editors & Publishers Must Know

Ignoring or misunderstanding copyright law can be perilous for news organizations, from the smallest nonprofits to the largest corporations. Using photos and videos without explicit permission from the content creator can lead to litigation, even if the publishers acted in good faith. To help editors and publishers navigate the pitfalls of photo and video usage, the Press Club of Long Island hosted a conversation on April 21, 2022, with two photojournalists and two attorneys who are well-versed in protecting intellectual property and respecting copyright.

The panel discussed what constitutes fair use and busted common myths about using photos and videos found on social media. The conversation was also for the benefit of photographers and videographers who want to know what recourse they have when their original content has been used without their permission.

The panel:

Wasim Ahmad, a journalism professor at Quinnipiac University, is a journalist and educator who previously has taught multimedia journalism at Syracuse University and Stony Brook University. He previously worked for newspapers in Minnesota, Florida and upstate New York.  He is a Ph.D. candidate at Syracuse University.

Christina Daly, a lifelong Long Islander, shot her first newspaper assignment in 2007 and has been hooked ever since. She is the former photo editor for Herald Community Newspapers where she was responsible for photography, picture selection and story illustration for 18 Heralds and the Jewish Star. She was the 2019 New York Press Association Photographer of the Year.

Craig Sanders is the founding partner of the Sanders Law Group in Garden City and a senior trial attorney. During the course of his more than 28-year career, Sanders has handled complex civil litigation matters throughout the nation’s federal courts. Focusing on intellectual property (copyright and trademark infringement litigation) as well consumer protection matters, Sanders oversees the firm’s Intellectual Property Department and Trial Department. In addition to his IP experience, Sanders is also well-versed in commercial litigation, having represented businesses in contract disputes, partnership dissolutions, shareholder disputes and derivative actions, breach of fiduciary duty and fraud claims, and a host of other matters.

Jesse Feitel is an associate in the media group at Davis Wright Tremaine, where he counsels media and entertainment companies regarding a wide range of content-related matters, including First Amendment, intellectual property, defamation, libel, right of publicity, copyright, invasion of privacy, reporters’ shield laws, and trademark issues. He has counseled and provided pre-publication advice for a diverse array of media and entertainment clients including VICE, the New York Post, Sports Illustrated, Gimlet Media, The Sun (US), Group Nine Media, and Advocates for Minor Leaguers. From 2016-2017, Jesse served as a law clerk to the Honorable William Q. Hayes of the U.S. District Court for the Southern District of California in San Diego. Prior to law school, Feitel served as a White House intern in the Office of the Counsel to Vice President of the United States Joseph R. Biden Jr.

Moderating the discussion is Press Club of Long Island board secretary Diana De Rosa, a veteran equestrian photojournalist, who has traveled the world (over 30 countries) and recorded equestrian history for over 40 years. She was editor of Horse World USA and has covered nine Olympic Games and been on staff or covered every World Equestrian Games, numerous Pan American Games and World Cups. She is on the executive board of the American Horse Publications (and past president). She is the owner of Press Link PR and Diana De Rosa Photography. In addition to her other projects, De Rosa is presently working as a consultant and reporter for the EQUUS Television Network doing interviews and other projects.