Posted by: prn




- - - - - -- - - - - - - - - - - - -


August 8th 2008


8 - 8 - 8


- - - - - - - - - - - - - - - -

Posted by: prn

M:\wp\3\08RG07



IT’S VACATION

TIME




Until September 1st, a skeleton crew will be on hand here at PhotoSource International where Photo Researcher Newsletter is produced.

The information load is historically light during the summer for researchers, and mid-August seemed the most propitious time for us all to be on vacation.

Your next issue will be August 29th, to launch the Fall “Season.”

We’ll be back strong as ever for you with updates in the world of photo research.
- Rohn Engh, Publisher

Posted by: prn

- - - - - - - - - - -


August 1st 2008


- - - - - - - - - - - - - - - - - -

Posted by: prn




McDonald’s Worker

Loses Invasion

of Privacy Suite



by Joel Hecker, Esq.

In New York, as in most other states,
there is a statutory prohibition from use of a person’s name, portrait or picture, in advertising or trade, without the person’s written consent. There are exceptions to this rule, such as when the use is newsworthy, or simply fleeting and incidental.

A recent case Candelaria v. Spurlock, decided in the United States District Court for the Eastern District of New York, succinctly described the current state of the law in New York and elsewhere while discussing a case which arose out of use of a short clip of the plaintiff while employed by McDonald’s.

Plaintiff’s image appears for at most four seconds in defendant’s documentary film, Super Size Me, which was nominated for an Academy Award for Documentary Feature. The movie followed defendant, who was the writer, director, producer and star of the movie, for a 30 day period as he subsisted entirely on food purchased from McDonald’s restaurants throughout the country. Its announced aim was to educate the audience about the epidemic of obesity and health risks associated with eating fast-food.

At issue was a scene inside a McDonald’s location where defendant was discussing with the plaintiff, a McDonald’s employee, the nutritional content of McDonald’s offerings and the availability of this information to the public. Plaintiff did not say anything, and the clip is part of a montage sequence where defendant requested the nutritional chart from various McDonald’s restaurants, including the one where plaintiff worked. However, defendant did not obtain plaintiff’s consent to use her image, which was recorded by use of a hidden camera.

To sustain an action from invasion of privacy, a plaintiff must prove 1) use of her name, portrait or likeness; 2) for advertising or trade purposes; 3) without written permission. In this case, it was undisputed that her portrait was used without written consent. Therefore, only the nature of the use remained to be decided.

Courts have created exceptions to this prong of the statutory requirement for non consensual use of a plaintiff’s image. One such exception is when the use depicts newsworthy events or matters of public interest. Another exception is for incidental use, which includes “isolated” or “fleeting and incidental” use.

The Court, after reviewing the clip involved and relevant statutory and case law, concluded that both of these exceptions applied in this instance. The Court determined that the movie in fact aimed to educate and address in detail the obesity epidemic and related health risks associated with eating fast-food. The fact that the movie was successful and earned a profit was immaterial because of the public interest involved.

Moreover, the use of plaintiff’s image bore a real relationship to the movie’s point, which is how difficult it is to obtain nutritional information on the food served.

Finally, the Court held that the plaintiff had no reasonable expectation of privacy while meeting dozens if not hundred of members of the public in the course of her shift every day at the counter of a McDonald’s.

The combination of the newsworthy purpose and the very short duration of the use was more than enough to result in dismissal of her case despite the obvious use of her image without her consent.



Attorney Joel L. Hecker
lectures and writes extensively on issues of concern to the photography industry. His office is located at Russo & Burke, 600 Third Ave, New York NY 10016. Phone: 1 212 557-9600. E-mail: HeckerEsq@aol.com.


- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -


OVER IN THE U.K. --
Review of street photography makes it to the House of Lords -
House of Lords takes the next step in trying to sort out the confusion and hysteria
surrounding photography in public places.
http://www.ephotozine.com/article/Review-of-street-photography-makes-it-to-the-House-of-Lords.
TAKEAWAY: This dillema will shine light on a coming worldwide problem. Let’s keep our First Amendment Rights in mind when we discuss it.

Posted by: prn



Click here to see a PhotoSource search tutorial

Posted by: prn



DIGITS VS PAPER. -- Flat World Knowledge, a publisher of free and open college textbooks, today announced it will soon begin the nation's larges t in-classroom test of open college textbooks. Flat World Knowledge's free and open textbooks will replace traditional textbooks in a single class or class section at each participating institution. The crisis of high textbook prices was the subject of a 2007 report from the Student Public Interest Research Groups.
TAKEAWAY: College textbooks, which routinely run students over $900 per year, could make higher education unaffordable for many students.
http://www.mediabistro.com/galleycat/web_tech/flat_world_knowledge_challenges_textbook_industry_89187.asp

Posted by: prn




CAN’T FIND IT ? – Don’t know who owns that image? The American Society of Picture Professionals (ASPP) has produced guidelines on finding the owner of the copyright of a photographic or visual work. In light of the Orphan Works pending legislation, these guidelines could serve as a model for making a "diligent search" for a copyright holder. Check out "ASPP's Best Practices to Locating Copyright Owners of Photographic and Visual Art".
http://www.aspp.com/users/ASPPSite4390/ASPP_Best_Practises_v2_7-8-08.pdf





PACA, the Picture Archive Council of America.
PACA has implemented a lowtech solution to assist buyers in finding the creator of an image that does not contain the copyright holder’s name.
Contact PACA, the Picture Archive Council of America. PACA has implemented a lowtech solution to assist buyers in finding the creator of an image that does not contain author attribution. When a buyer has an image without copyright information, they simply email a copy of the Orphan Work to orphansearch[at]pacaoffice[dot]org. The email is validated by the moderator (a PACA staff member) and automatically sent out to all PACA members and affiliated associations.
orphansearch[at]pacaoffice[dot]org.

Posted by: prn




Travelwriter Marketletter… for writers and photojournalists.


Travelwriter Marketletter
is a monthly publication available online
( http://www.travelwriterml.com ) and in hard copy format. Travelwriter Marketletter is in its 28th year.
If you’re a travel writer or photographer, TWM tells you about new markets, payscales, editors, specs and trips. Contact Mimi Backhausen Phone: 703-879-6814 Fax: 208-988-7672
If you’re in travel PR, TWM tells you which publications are likely targets.
If you’re a travel editor, TWM tells you about trips, and about your competitors.
If you’re a photo researcher TWM will direct you to travel photographers.
Request a sample copy of TWML: 703 879-6814.

Posted by: prn





NEED TO FIX THEM? -- Can a Little Maintenance Increase your Microstock Earnings? - If you've assumed you can just upload and forget your microstock photos, you may be missing out on the opportunity to increase the earnings from your existing
portfolio.
http://www.microstockdiaries.com/can-a-little-maintenance-increase-your-microstock-earnings.html:
TAKEAWAY: If you are shooting for the editorial market you may want to consider not changing a thing. However for the microstock audience, yes, bring ‘em up to date.

SHOOT ‘EM UP The Day Inspired Hundreds of Thousands of new stock photos – (The PHOTOSHELLTER SHOOT…)An estimated quarter million stock images were captured during the event...many of which will be available to be licensed soon. It is believed to be among the largest single-day contributions to the stock photo supply in history.
http://www.stockphotographer.info/content/view/695/92/
TAKEAWAY: HEY! That's a lot of photos -or are we now calling them commodities?

LET THEM FIND YOU.
SEO and Stock Photography Research - More and more, prospective clients are searching for imagery on the Internet, and, more specifically, Google Images. Yes, the other search engines have image search, but for today, we'll limit this discussion and comparison of capabilities to Google's systems.
http://photobusinessforum.blogspot.com/2008/07/seo-and-stock-photography-research.html
TAKEAWAY: Library Science is not the sexiest endeavor but more and more you’re going to have to learn the ongoing tricks of SEO if you want to be found on the Internet.

Posted by: prn






TO CATCH A THIEF. -- Stop Whining About Copyright Infringement and Start Doing Something About It - When photographers have their work stolen and used by businesses, publications and individuals without permission and in violation of the photographer's implicit copyright, it is usually the photographer's fault. It is also the dividing line that separates professionals from amateurs.
http://rising.blackstar.com/stop-whining-about-copyright-infringement-and-start-doing-something-abo.html
TAKEAWAY. We’ve ain’t seen nothin’ yet. Soon we’ll be dealing not with millions bur billions of images. This thief is going to be mighty hard to catch. If you’ve get an answer to this ever expanding situation, let this fella know about it.



COPYRIGHT POSITION STATEMENT
(Publishers please take note.) Our PHOTOLETTER and PHOTODAILY subscribers consistently supply professional-quality photographs to the publishing industry. These pictures are provided on a rental basis. They are not provided on an all-rights, work-for-hire basis, which would conflict with both the letter and the spirit of the current (USA) Copyright Law enacted into force on January 1, 1978. We urge our subscribers not to endorse checks or sign agreements (`work for hire') which would imply that rights to a picture are transferred to the publisher (or person making the assignment.) Such rights are transferred only through special agreement and substantial compensation.

Posted by: prn

-----------------------



PHOTO SAFE II (PST-251). Photo Safe II from Digital Foci, lets you travel light and still quickly and securely save your digital photos where ever you go. No need to carry a laptop to download your photos for safe-keeping. Frees you from worry about losing important pictures or running out of memory card space while on the road. Provides portable on-the-road digital photo storage with 80GB and 160GB hard drives and built-in memory card readers. Photo Safe II copies the entire content of your memory card with a one-touch Auto Copy button. It works with all popular card formats, and is compatible with PC and Mac computers. For more information, see http://www.digitalfoci.com or
http://www.digitalfoci.com/photo_safe.html

Posted by: prn


1840 - August 18th - Class photograph of the Yale College class of 1810 at their 30th reunion, New Haven, Connecticut was taken by Professor Samuel Finley Breese Morse. He made 35 daguerreotypes, each a half-inch square.


- - - - - - - - - - - -




Have you missed
receiving a PhotoResearcher Newsletter issue?



Check your SPAM/BULK folders for an email from info@photosource.com or psi2@photosource.com.
AOL members – if email from us stops coming to you, request to AOL that our address (above) should be included in their “O.K.” list. Thank you.

Posted by: prn


- - - - - - - - - - - - - - -

July 25th 2008

- - - - - - - - - - - - - - -

Posted by: prn



The New Age of Editorial Photography . . . .

REAL = Good

In 1987, I can remember talking with a California stock photo agency director who waved his hand toward his office files with the exclamation, “Editorial photos? We have plenty of those!” The pictures he referred to, of course, were clean-cut models in a work situation, smiling at a computer screen, or a model housewife pleasantly choring away with her modern vacuum cleaner. The viewing public in those days, it was assumed, preferred fairytale “editorial” pictures.

Catalogs of historical B&W photos from the post WWII era also reflect the aspirations of the public (or at least that’s what the art directors assumed) to inhabit a wonderland society, a peaches and cream world, that, however, few people would ever experience.



Times have changed. Maybe it has been the shock of 9/11 or the turmoil in the Middle East; or it may be the influence of TV that can portray reality as it really is. The public is growing up and getting real. Publishers are wakening up also. We are seeing a growing willingness on the part of publishers to tackle controversial subjects with natural lighting and hand-held camerawork. Even major Hollywood films today reflect a cultural acceptance of the “real.”

Yes, the squeaky-clean advertising pictures we continue to see today have their place – in advertising. But, book and magazine publishers are showing a growing willingness to feature controversial subject matter, with a straight forward appoach. They have shifted to a sense of realism in the images they choose for production. They perceive that their readership wants the “straight story.”

Or maybe there’s an influence creeping in here from such popular websites like YouTube, Ebaumsworld or Metacafe .. the squeaky-clean hand-held video picture seems out of place there—where viewers expect “realness.”
The nominations for “The Oscars” in recent years also reflect this willingness to tackle gritty, topical issues head on. The top nominations range from race relations (“Crash”) to the homosexual love (“Brokeback Mountain”). In fact all the major nominees deal with realism and the personal cost of making life decisions based on whether to conform to social norms or not.



Will the pendulum eventually swing back to the fairytale type of photos of the last decades? Possibly.
I’ve watched this phenomenon over the last 40 years, and my bet is that it will continue in the pattern of shifting back and forth from “peaches and cream” to “reality” every fifteen years or so.


Rohn Engh is director of PhotoSource International and publisher of PhotoResearcher Newsletter. Pine Lake Farm, 1910 35th Road, Osceola, WI 54020 USA. E-mail: info@photosource.com . Fax: 1 715 248 7394. Web site: www.photosource.com.

Posted by: prn



CAN’T FIND IT ? – Don’t know who owns that image? The American Society of Picture Professionals (ASPP) has produced guidelines on finding the owner of the copyright of a photographic or visual work. In light of the Orphan Works pending legislation, these guidelines could serve as a model for making a "diligent search" for a copyright holder. Check out "ASPP's Best Practices to Locating Copyright Owners of Photographic and Visual Art".
http://www.aspp.com/users/ASPPSite4390/ASPP_Best_Practises_v2_7-8-08.pdf

Posted by: prn



You Win!
Our collective cries have been heard in Redmond, WA. Microsoft has agreed to continue support for Windows XP till April 2014, including security patches and program updates. That=s three years longer than any prior version, and extends support for 13 years. That does not mean, however, that you=ll be able to BUY XP for several more years. June 30 was the cutoff date for retail selling of XP.
However, many retailers with master licenses can continue to sell computers with XP preinstalled, and large companies with master disks can continue to install XP on their new computers. And, as a last resort, you can still get a computer with Vista installed, then downgrade (for a fee) to XP.

Overstock.com Reacts to New NY AAmazon Tax@ Law
As we reported previously, New York enacted a tax law effective June 1, 2008, that requires online retailers to collect and remit NY state tax for products shipped to NY addresses, regardless of whether the shipper has a nexus in NY or not, the prior standard for imposing sales tax collections. The NY law says that affiliates count as a physical presence and thus it should collect sales tax.
Amazon is challenging the law in court, and Overstock.com may join in. Meanwhile, Overstock.com has terminated its association with its affiliates in NY, believing that in doing so it can avoid collecting NY sales tax on products shipped there. How all this plays out in the courts will be interesting, and perhaps precedent-setting.

Conserving Energy
No, we don=t mean sitting on the couch watching that new flat panel hanging on your wall. You=d be surprised at how many of your electronic gadgets continue to suck power even when you think they are off.
DVD players, VCRs, stereos, your computer and/or monitor in standby/sleep mode, and anything capable of remote on/off. Here=s an idea: Plug all those devices that don=t need to be on all the time into a power strip/surge protector with an on/off switch. That way, you can switch your equipment on with the flick of a switch, and yet conserve power all other times.
Even that 7-watt nightlight that=s on all the time, for Ajust pennies a day,@ does add up. Using a national electric average of about 9 cents/kWh (and that=s before local taxes, surcharges, connect fees, etc.) that one little lamp costs you about half a buck a month. So, unplug and help save the EarthBand a little cash on the side. Here=s an inexpensive device that will allow you to see how much power a particular piece of equipment consumes: http://www.amazon.com/exec/obidos/ASIN/B000RGF29Q/photosourcefolio -BH

Posted by: prn



DO-IT-YOURSELF –
"How I Created My First Coffee-Table Book. I decided after reading positive reviews online. What sold me was it’s ease of use, as well as being able to produce my book and market it through their bookstore commission-free. http://rising.blackstar.com/how-i-created-my-first-coffee-table-book.html
TAKEAWAY: Self published books can also serve as a catalog.

Posted by: prn




BITING BACK –
“How Getty Is Killing the Stock Photo Industry - Klein, Getty CEO, stated in a Seattle Times piece that the deal ‘for us is not significant, but it'sstrategically extremely important.’ It's about locking out competition from the industry to ensure a continued, virtual monopoly.”
http://blog.photoshelter.com/corp/2008/07/how-getty-is-killing-the-stock.html
TAKEAWAY: So, if it's not really about making money, what is it about?

FOR PHOTOJOURNALISTS. Aurora In Deal To Distribute Agence VU Photography - Portland, Maine-based photo agency Aurora has reached a deal to be the U.S. distributor of Agence VU, a French photojournalism agency.
http://www.pdnonline.com/pdn/newswire/article_display.jsp?vnu_content_id=1003827356

THE PRICE IS RIGHT --
“A few photo agencies have come out with special pricing plans for blogs ( non commercial ones). It appears compete against microstock, with very, very low prices. These days, images are sold based on usage and never on content.
http://blog.melchersystem.com/2008/07/19/two-thoughts-exactly-nothing-more/

AT YET ANOTHER. AOL and Photography - AOL announced the launch of PIXCETERA,
http://www.pixcetera.com, a new site focused exclusively on top-quality photography. http://blog.melchersystem.com/2008/07/16/aol-and-photography/



Posted by: prn



On a commercial assignment? Can you sell the “extras”? Yes, the Copyright Law says that unless you’ve signed a “Work-for-Hire” agreement, YOU own the pictures. You can sell whatever and whenever.

Posted by: prn



MOVIN’ ALONG Orphan Works: Some important Q&A’s.
http://photobusinessforum.blogspot.com/2008/07/orphan-works-faqs.html

YES I CAN! Amateur and professional photographers in the UK are facing an up-hill struggle when trying to take photographs in public places, after misinformation has been taken as fact. As part of its campaign for photographers' rights, every UK photographer member is being issued with the BFP "Blue Card". This card asserts to people the photographers' rights to take pictures in public places.
http://www.huliq.com/64310/bfp-campaign-photographers

Posted by: prn


=
NO SNAPSHOTS PLEASE. Was camera too candid for police officer? It's not everyday someone gets arrested for photographing a cop. But that's apparently what happened in Mountain City in Northeast Tennessee.
And, when that news broke, bloggers pounced.
Chief among them was Knoxville lawyer Brendan Loy, who blogs at The One Blog, http://theoneblog.brendanloy.com
Darius Radzius, a reporter for WJHL, wrote at Tricities.com that an area man, Scott Conover, was arrested for "illegal photography." " 'He says you took a picture of me. It's illegal to take a picture of a law enforcement officer,' said Conover.
http://www.knoxnews.com/news/2008/jul/20/was-camera-too-candid-for-officer/

Posted by: prn



PHOTOGRAPHY AS ART - Architectural photographer enjoys revival at 97. Julius Shulman took a photograph in 1960 that made millions dream of a perfect life: two women seated in a glass house seemingly suspended in mid air as the twinkling lights of Los Angeles beckon below.
Nearly 50 years after the famous photo of Case Study House #22, the man many consider the finest architectural photographer in history finds himself a cult figure for a new generation that covets the minimalist mid-century modern architecture he took around the world.
http://www.reuters.com/article/lifestyleMolt/idUSN1836945220080718

Roland Roldan, a tongue-twister name with the ability to record eye-popping
photographs,is proud to have developed his third eye or what for him is ‘the eye for details and sense of design.’ http://www.mb.com.ph/PIPE20080721129854.html

SOCIAL PIONEER -- Jim DeBoth probably made enough money to live off the interest when he sold the Interest.com site and an associated mortgage information company to Bankrate.com back in 2005. So he's started a new site, this one entering the crowded and, so far, comparatively unsuccessful field of citizen journalism. The difference with WeSay.com, though, is that instead of treating the news primarily through text, he does it with photographs.
http://www.chicagotribune.com/business/columnists/chi-hypertext-wesay-0716jul16,0,7457653.column




Posted by: prn



‘Accidental' Images
Result In New Artistic Direction. There are no shortage of words that can be used to describe a human face. The hurts and happiness of lives reflect in blue eyes, in taut lips, in wrinkles, in furrowed brows.
The adjectives come quickly. Pensive. Nervous. Amused. Melancholy.
Those moods and features stare, begging the viewer to question a subject they may have never met. It is a deceptively simple conundrum in "Strangers & Not So Strange," a collection of intimate portraits taken by Fayetteville photographer Craig Earl Nelson.
http://nwanews.com/nwat/Living/67315/

Posted by: prn



BACK THEN --
In Thousands of Images, a Photographer Builds a History in Harlem
For nearly three decades, Alix Dejean has been an unofficial Harlem
photographer, chronicling the famous, the infamous and the anonymous
http://www.nytimes.com/2008/07/21/nyregion/21photographer.html

Posted by: prn

1889 – First Photograph of a Meteor was made in the United States, on August 10th, taken by Harvard College observatory, Harvard University, Cambridge Massachusetts.

Posted by: prn





- - - - - - - - - - - - - - - - -

July 18th

- - - - - - - - - - - - - - - - -

Posted by: prn



How to Choose A Domain Name

Advance Notes:
This may be the most important decision of your career: choosing a domain name for your business website.


When starting to build your business website, the temptation is to start out on a “free site,” sponsored by a website company. That means your domain name would be owned by that “free web service.”
Instead, I recommend investing in a good domain name of your own, right from the start. Ten years from now, you’ll be glad you did.
Make a list of names you’d be satisfied with. You can check whether your choice of domain name is already taken, at: www.networksolutions.com .
Should you choose a short name or a not-so short name? Or should you choose a name that describes what your photo research business is all about (your specialization)? Or a domain name that is “catchy” – like JeepersCreepers?
No doubt, the best decision is to choose one that describes your mission in the world of photo research. In other words, pick a name that potential clients will understand immediately and that’s associated with your work, one that best describes your services.
A short name? Well, Bill Gates chose “Corbis” for his stock photo agency (it used to be named, Continuum). Because Gates has the revenue to promote Corbis (promotion on the net is time-consuming for someone starting out), most everyone now knows Corbis = stock photos. But if you’re not Bill Gates, pick a name that tells the public (and potential clients) what you’re about.
Getty chose Getty Images. ‘Nuf said.

WHO OWNS YOUR WEBSITE?

Should you sign up with a web company that will host your website on their site?
It's cheap, easy, and fast. But as you get yourself more established, your existence on a third party website will mark you as a naïve beginner who shouldn't be taken too seriously by the professional community. Sort of the equivalent of having an @aol.com or Hotmail email address or a Geocities website. Having such a domain name, owned by a “free web service,” can hold back the development potential of your on-line photo research business.
Letting somebody else own your domain name means that they own your destiny on the Internet. The company might eventually degrade the service quality of your site as much as they want. 1.) They can increase the price as much as they want. 2.) They can add to your content as many blinking banners, competing web ads, or other user-repelling advertising techniques as they want. 3.) They can go out of business.

If you start on a third-party free website later down the line, you might decide to upgrade to a self-owned website. You have laboriously built up a database of loyal visitors and you now want to change your website address to a more professional one. But most of your work– links you've attracted from other sites, and your search engine ranking – will have been in vain. You have to start from scratch, with a new domain name to promote to your customers. The longer you stay at someone else's domain name, the higher the cost of going independent.
Yes, it's tempting to establish a website on one of the services that offer free accounts. But to sign up for your own personal domain name costs only $8 to $9 per year (http://www.godaddy.com/). You’ll have the luxury of being your own boss, and own your own future in the world of photo research.

Rohn Engh
, veteran stock photographer and publisher of “PhotoRESEARCHER Newsletter,” has provided on-line targeted information for photobuyers, photo researchers and editors for two decades. No other newsletter brings photobuyers such up-to-the minute information on how to find stock photos. For more info: 800 223-3860.



- - - - - - - - - - - - - - -



Design -


Your Important Tool

Advance Notes:
We interviewed publisher, Rohn Engh, for this article. His insights can provide you with a marketing (and design) roadmap for the coming years in stock photography.


Q. Are you basically a photographer, author, publisher, or what?

A. I’m all three, and at different periods have focussed on each of the disciplines in turn. In each field, I have found the fundamental requirement to be a good understanding of design. I was trained in design at Maryland Institute of Art for four years, but I didn't really learn design until I left school. I'm still learning design.

Q. How do you apply design to taking a photograph?

A. Every creative endeavor has two components, format and content. One can't exist without the other. A designer works with both. In my seminars, I teach photographers how to design their images so that both these components are present. If the format is solid and the content is compelling, you'll have a winning photo -- whether it's for editorial use or for an advertising campaign.

Q. What kind of format are you talking about?

A. It's not a hard and fast rule, but most appealing photos these days are those whose format starts with a meaningful background, includes an appropriate person or persons, a provocative symbol, and has the person(s) involved with the symbol. The design of the picture should be bold, poster-like.

Q. And content, how do we get that into the picture?

A. While format is a matter of engineering, content, on the other hand, brings out the artist in you. Your image should evoke a mood. It should allow the viewer to "read into" the picture. Your photo should allow the viewer to be a collaborator in your image. That's what good picture design is all about.

Q. Did you learn all this at art school?

A. No. When I attended art school in the mid-50's, design was more or less an elective. It took a back seat. Design was what happened after the product and marketing people did their part. I learned how to apply design properly after I got out of school. Successful companies today include design as a strategic and tactical weapon. Designers are now part of the integrated team in Corporate America.

Q. Why has design become so important?

A. The buying and viewing public are far more sophisticated today than three or four decades ago. Whether you are designing a photo or a camera bag, a shoe box or a dishwasher, the way your idea is presented to the public (a very fickle public, by the way) will determine acceptance or rejection.

Q. Even if the product is inherently "the best" -- if the design elements are lacking, the product will fail?

A. In most cases, yes. This applies especially in commercial stock photography, where a static generic picture-postcard of a beautiful scene will attract fewer viewers (and photobuyers) than one composed with the design elements I mentioned earlier.

Q. How does design affect stock photography as part of the New Media, e.g. web photos, CD ROMS, on-line photobanks?

A. It's no secret that stock photography has entered "the new economy," which is affecting all businesses, both locally and globally. The world is changing. You get competition for your photos from Spain as well as Maine. Prices are falling, but if you design your business structure well, you will be able to produce more.

Q. Meaning?

A. Corporate America, through the 70's and 80's, protected profits by shrinking their operations and cutting costs -- thanks to technology. But the shrinking is over. Profits now come from automation and volume production. If you design your business structure to fit the times we live in by utilizing today's available technology, plus design your stock photography using the format principles I first mentioned, you will move to the head of the line.

Q. Can you be more specific on what this means for stock photographers?

A. Today's cameras are much more sophisticated than the point-and-shoot cameras of the 70's and 80's that the pros looked on with disdain. The automatic controls on cameras today make it nearly impossible not to get a technically fine image. Couple that with Internet ordering of everything photographic under the sun, and you have a New Generation stock photographer -- the automated photographer who can operate on-the-fly and in remote locations, plus can provide more volume to his markets without increasing overhead.

Q. Can amateur photographers capitalize on the phenomenon?

A. More than ever, because they have access to the same equipment and production materials that the pro does. Times have never been better for the part-time stock photographer.

Q. How about marketing those photos?

A. We're back to the importance of design again. This time in relation to business structure. A stock photography business designed to take advantage of the new hardware and software can also automate the selling process. A well-designed website is a starting point. Here at PhotoSource International we offer stock photographers the opportunity to join the new economy even if they don't own a computer. Photographers can enter text descriptions of their specialties and stock photos (using up to 3000 words) on their own pages in the PhotoSourceBank Directory section of our website (www.photosource.com). Photobuyers turn to the PhotoSourceBank to locate photographers who have the image they desperately need, when they're in search of something specific, whether it be photos of an area of Hong Kong or Walla Walla, Washington.

Q. What do you see as the greatest hang-up for stock photographers today?

A. Too many stock photographers are clinging to the "old way" of doing business. Yes, there are many photobuyers who continue to operate their photobuying routine in the old way -- and this fosters the illusion that it's "business as usual" in our industry. But there's much more business to be had -- when stock photographers utilize the emerging global markets, for example. And there's the reverse: graphic houses and corporate art directors are realizing they no longer are confined to photographers from their local Yellow Pages, but rather they can just as easily tap the wealth of talent on the Internet, where in many cases they might find a better match for their visual needs.

Q. Do you have examples on how a photographer can move forward to strengthen his stock photo operation in today's business climate?

A. Yes. To design your business structure to take advantage of today's technology -- you will establish a presence on the Internet, with a website of your own, with hyperlinks to related websites. You will list your photo descriptions in the PhotoSourceBank Directory, and put examples of your work on PhotoSourceFolio, an internet image gallery. You will publish a CD featuring examples of your area(s) of expertise. You'll sign on with a stock photo agency that has a foothold on the Internet. You'll subscribe to a marketletter such as PhotoLetter or PhotoDaily to make sales. By doing all this, you will be doing what Corporate America will be doing in the coming decade to utilize today's new opportunities for delivery of product and making new sales contacts. And if your products (your stock photos) are designed to conform to the marketing needs of photobuyers (in the areas you love photographing) -- you will be riding the top of the wave of the next generation of stock photographers.

GEN240I

Posted by: prn



A WAY WITH WORDS
– For ten years, Jerry Greenberg has claimed that the National Geographic has violated his copyright by reproducing images shot for the print magazine appeared in the NG CD compilation. The court originally found that the product presented on the CD retained “contextual fidelity” because it compiled previous issues of National Geographic exactly as they appeared in print, adding only an introduction and functional elements.
Well, different courts have ruled differently on the Jerry Greenberg case over the last decade, often in Greenberg’s favor. But In 1998, the Georgia federal district court ruled in favor of NGS, citing a 1997 decision in Tasini v. New York Times Co., that determined that re-using freelancer-owned work in databases and CDs did not constitute copyright infringement, even without obtaining the author’s permission.
Now, for the second time, the 11th U.S. Circuit Court of Appeals has sided with the National Geographic Society in this case. What’s next? http://www.selling-stock.com/?p=2812 (www.selling-stock.com.)
TAKEAWAY: Well, I guess this one will go to the Supreme Court (who wants to foot that legal bill…?). If it doesn’t, the Greenberg case will stand as a precedent for publishers to “re-sale” some of the pictures that they’ve published earlier in certain formats, and not give a dime to the photographers. And if you think about it, that might also apply to you designers, artists, and illustrators out their.

WHERE’S MY CHECK? Struggling picture agency owes photographers thousands - A picture agency, Red Cover, based in Balham, South London, owes nearly £500,000 to creditors has told freelance photographers and writers it will not be able to pay them for up to two years. http://www.pressgazette.co.uk/story.asp?sectioncode=1&storycode=41501&c=1

GETTING BIGGER
-- Shutterstock's Image Library Hits 4 Million Images
http://www.stockphototalk.com/the_stock_photo_industry_/

BIGGER -BUT BETTER? -- Agency Portfolio Growth - Here's a visual representation of what agency portfolio growth over the past year looks like for the agencies who publish their portfolio size.
http://www.microstockdiaries.com/agency-portfolio-growth.html





Posted by: prn



A PROFIT CENTER NO MORE?
-- Revisiting the news - Here is the dilemma with journalism today: It is still trying to be a profit center when obviously it cannot be one anymore. News used to be for sale and people would gladly pay for it.
http://blog.melchersystem.com/2008/06/29/revisiting-the-news/

MORE STOCK SCHLOCK? Getty Images and Flickr Announce Exclusive Partnership to Offer New Collection of Creative Imagery - Getty Images and Flickr are working together to establish the first commercial licensing opportunity for photo-enthusiasts in the Flickr community. The Flickr collection will feature photography selected by Getty Images editors based on their expertise in licensing digital content.
http://www.creativepro.com/article/getty-images-and-flickr-announce-exclusive-partnership-offer-new-collection-creative-imagery
TAKEAWAY: It’s pretty, yes. But where’s the substance?



Posted by: prn



CITIZEN PHOTOGRAPHERS -- Happy snappers zoom into the industry frame - Amateur photographers are shaking up the global market for licensed images far quicker than video is for broadcasters, and even Bill Gates's privately held image bank, Corbis, is having to reinvent itself.
http://www.smh.com.au/news/biztech/happy-snappers-zoom-into-the-industry-frame/2008/06/26/1214073401115.html

Posted by: prn



DO YOU KNOW WHERE THOSE PHOTOS ARE? A bill slowly moving through Congress threatens to change the copyright law in ways that have artists, writers and other creators fighting to keep it from passing. Titled the Orphan Works Act of 2008, the bill, if enacted, would alter the copyright protection of certain intellectual property. Artistic, written, musical, scientific and photographic works seemingly without a noted author would be open to free use, providing that the user shows proof of a "diligent effort" to search for the author.
Although many artists are passionately fighting to preserve their names and their creations, the legislation seems to be sneaking in under the radar of many local creators. Several artists, writers and musicians contacted for this story were unaware of the proposed law. http://www.newburyportnews.com/punews/local_story_189210217.html


WHEN DO YOU NEED ONE -- Kelby Interviews Lawyer on Copyright Law and Model Releases -
http://www.scottkelby.com/blog/2008/archives/1645

Posted by: prn



NEW RULES -- NYC sets formal film permit rules. - Filmmakers and photographers who shoot on New York City's famed streets and sidewalks now have a clear set of rules dictating when they must obtain permits, after years of relying on loose guidelines that civil liberties advocates said were too vague. http://www.amny.com/news/local/ny-bc-ny--filmpermitrules0714jul14,0,5846784.story?track=rss

CELEBRITY PHOTOS Brown Estate In A 'Cold Sweat' Over Image Use - The case concerns whether the licensing a photo of a celebrity is considered a commercial use in every situation. If the case is decided in favor of Brown's estate, it could open a flood of legal challenges against anybody who licenses celebrity photos, even for editorial use.
http://www.npr.org/templates/story/story.php?storyId=92433895




Posted by: prn



SAY CHEESE! -- Man Arrested For Unlawful Photography Nearly everyone carries a cell phone and it’s hard to find one without that camera feature. It’s convenient when you want to take that impromptu photo, but a Tri-Cities area man ended up behind bars after snapping a shot of a Johnson County sheriff’s deputy during a traffic stop.
http://www.tricities.com/tri/news/local/article/man_arrested_for_unlawful_photography/11576/
TAKEAWAY Lest we forget Rodney King

NO RESTRICTION -- NUJ Secretary Jeremy Dear writes to Home secretary about surveillance - Ironic to recent situations of photographers clashing with the police, Home Secretary, Jacqui Smith's response to the matter also stated that "the Government greatly values the importance of the freedom of the press, and
such there is no legal restriction of photography in public places."
http://www.ephotozine.com/article/NUJ-Secretary-Jeremy-Dear-writes-to-Home-secretary-about-surveillance

Posted by: prn



COTTON MILL KIDS. .Photos document a dark era . Upcoming exhibit at Gaston library focuses on century-old images of child labor in mills. The haunting portraits photographer Lewis Hine made in November 1908 of Gastonia's cotton mill kids were meant to document abuses of child labor laws.
One hundred years later, the images are returning to the community as a permanent exhibit on the vanishing textile culture. http://www.charlotte.com/breaking_news/story/698700.html

EXHIBIT SHOWS EXAMPLES OF ABUSE Pasadena mom among subjects of domestic violence photo exhibit. Nine years ago this fall, Lisa Spicknall's worst nightmare came true when her two young children were murdered. The killer was her estranged husband, Richard Spicknall II, against whom she had gotten a protection from abuse order only months earlier. Since that time, the Pasadena woman, now 33, has spent nearly a decade as an advocate for domestic abuse victims, working to prevent similar tragedies from happening to other families. She was honored for her efforts in a traveling photography exhibit held earlier this month.
http://www.hometownannapolis.com/cgi-bin/read/2008/07_02-43/NBH

NEW GLORY -- From Ground Zero to the moon to Iraq, the stars and stripes stand for America. A photography exhibit by Seth Butler, which opened on the eve of Independence Day at the Picker Building in Dover, seeks to better understand the way the American flag has been used and misused by the nation.
http://www.wirenh.com/Art/Art_Show/%93tattered%94_flag_photos_in_Dover_explore_America_200807103040.html






Posted by: prn



RINGO RULES! --
Working with legends. The last we heard about Norwood Young, American native, Rob Shanahan, he was drumming in a successful band while making a name for himself in the photography business in California. Shanahan was appointed Ringo Starr’s official photographer late last year.
http://www.waconiapatriot.com/articles/2008/07/14/norwood_young_america_times/news/news01.txt

Posted by: prn



1850 – First photograph of a star (other than the sun): Vega, which was made at Harvard College Observatory, Cambridge, Massachusetts, July 17th, by Whipple, a professional photographer. A 15-inch telescope was used as a camera lens and a daguerreotype plate was set up at the eye end.




Posted by: prn

Have you missed receiving a PhotoResearcherNewsletter issue? Check your SPAM/BULK folders for an email from info@photosource.com or psi2@photosource.com. Also, if you haven’t done so already, add these two addresses to your safe list.
AOL members – if email from us stops coming to you, request to AOL that our address (above) should be included in their “O.K.” list.

Posted by: prn

- - - - - - - - -

July 10th 2008

- - - - - - - -

Posted by: prn



HAS THE ECONOMIC

DOWNTURN AFFECTED


STOCK PHOTOGRAPHY ?

- - -


During this downturn in the USA economy, can we expect photobuyers to flee in even greater numbers to the Royalty Free market? If their budgets are cut, will they opt for those 50-cent pictures on a CD-ROM?

The reduction of tech-stock mania and corporate spending has put some dents into the Internet industry. But the publishing industry moves on, especially book publishing and special interest magazines.

Here at the PhotoDaily and the PhotoLetter, we are getting more photo listings than ever. >http://www.photosource.com/pd_intro.php< Book publishing and most magazines, except for the dot.com and telecom magazines, are buying just as much as they did in the heyday of go-go days of the Internet.



In our twenty-five years in business, we have consistently found that a slow-down in the economy has meant that photobuyers turn increasingly to independent stock photographers. Rather than purchase photos through stock agencies, they buy (frequently direct) from the independent stock photographer. Photo researchers experience a need to put extra energy into garnering research assignments from their photobuyer contacts.

Now that we are on the verge of an economic slowdown -- aw heck, let's call it a recession -- I have been wondering if photobuyers would take the route of turning to the ultimate lowest stock photography price: the Royalty Free image.

PUT TO REST

The lowest fee per image on our PhotoDaily is $100 and on our PhotoLetter is $50. The average fees for most images requested in both marketletters stand well above those minimum figures. In contrast, few Royalty Fee photos are priced higher than $50. The norm is $5 to $35. Our detractors (some stock agencies and organizations) in the past have claimed that photobuyers used our service because images from independent photographers could be bought at bottom-of-the-barrel prices. That claim has now officially been put to rest.

Why do photobuyers continue to use our service, even though they can find more inexpensive pictures at the Royalty Free trough?

The answer is, as always: Editors cannot afford to cheapen their books and magazine layouts with cookie-cutter look-alike posed clip art. Their audiences just do not stand for it. Any lowering of standards is reflected in magazine sales and book purchases.

Independent stock photographers can supply photobuyers with highly specialized content, exactly what book and magazine publishers need, to continually make their publications singular and unique. And buyers and researchers can find such specific images easier on the Web, from individual photographers. And faster, too. >www.photosource.com/bank<

Image-source websites like our PhotoSourceBANK >www.photosource.com/bank< are exceedingly popular, where a researcher can use a keyword to quickly find the source of a highly specific picture and get overnight delivery of the original or a scanned image. This was unthinkable ten years ago, and the relatively sparse photo coverage in most books and magazines of the past reflected this. Today, photobuyers and researchers have faster and easier channels to help them put their finger on the exact picture needed to illustrate a chapter head or a magazine article.

"This is a great time to be a photo researcher"

If you deal in specialized photos, it's even greater. You not only save research time but save money.

Book publishers make use of sophisticated marketing techniques and they look far down the distribution and sales road before they make plans. While the publishing industry is not immune to budget cuts, layoffs and some reordering due to mergers, the demand for photos is as strong as ever – particularly targeting independent photographers.
And new uses of stock photography are sprouting everywhere: PBS, BBC and other TV specials; CD-ROMs, interior design; the Web, specialty ads and niche-market magazines; direct mail, and others.

Roll up your sleeves another notch, the best is yet to come.


Rohn Engh is director of PhotoSource International and publisher of PhotoStockNotes. Pine Lake Farm, 1910 35th Road, Osceola, WI 54020 USA Email: info@photosource.com Fax: 1 715 248 7394 Web site: http://www.photosource.com

Posted by: prn


THOSE UNPLEASANT WARNINGS




How often have you
checked out a photographer’s website only to be turned off by what, in effect, are barriers to potential on-line customers? For example, a photographer will build a beautiful web page and then splatter "warning" signs all over it, like signs that it is illegal to copy the photos the visitor is viewing unless they get permission. This is tantamount to walking into a shopping mall store and encountering "Shoplifters Will Be Prosecuted" signs on every aisle. This does not create a pleasant place to shop. Potential buyers should feel welcome at the website.
The Copyright Law does have a provision that allows visitors to copy and paste images for their personal purpose or educational use. It is when the individual plans to use the photo for publication or commercial purposes, that they need to get permission.
But if any legal copying (sharing of the photos) is prevented in the first place, photographers curtail their chances of sharing in actual transactions. Web-sharing and word-of-mouth are the best kind of marketing.



SHARING IS NOT INFRINGEMENT

A photographer should care very much about their copyrights and defend them vigorously. At the same time, web visitors share works legally when they provide links of on-line images to their friends. Everyone knows what it means to share, and that sharing is different from shoplifting, outright stealing. The practice of sharing, though, is too often confused with the concept of infringement.

Big publishers and distributors will work hard to prevent any kind of fair-use linking of pictures on their site. However, this is where there is a departure from old-time publishing and new-time publishing. Creators of images no longer have to go through a publisher to connect with potential clients. Those customers can come directly to the photographer – if the photographer will lower some of the "hard-line" warning barriers on their websites that discourage people from checking out their photos.

Photographers willing to allow web sharing opportunities to potential clients will realize a marketing benefit much more powerful than those photographers who cling to a last-century obsession about copyright infringement. In other words, the benefits of exposing photos to the public electronically to be shared, far outweigh the disadvantages. –RE