PhotoResearcher Newsletter http://researchphotos.com Keeps you up-to-date en-us Nucleus CMS v3.24 © Weblog http://backend.userland.com/rss http://researchphotos.com/nucleus/nucleus2.gif PhotoResearcher Newsletter http://researchphotos.com http://researchphotos.comindex.php?itemid=174

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

August 8th 2008


8 - 8 - 8

- - - - - - - - - - - - - - - -
]]> General http://researchphotos.comindex.php?itemid=174 Thu, 7 Aug 2008 14:49:53 -0400 http://researchphotos.comindex.php?itemid=173


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
]]> Front Page http://researchphotos.comindex.php?itemid=173 Thu, 7 Aug 2008 14:44:38 -0400 http://researchphotos.comindex.php?itemid=172 - - - - - - - - - - -


August 1st 2008


- - - - - - - - - - - - - - - - - -
]]> General http://researchphotos.comindex.php?itemid=172 Fri, 1 Aug 2008 14:44:32 -0400 http://researchphotos.comindex.php?itemid=171


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.
]]> Front Page http://researchphotos.comindex.php?itemid=171 Fri, 1 Aug 2008 14:39:22 -0400 http://researchphotos.comindex.php?itemid=170

Click here to see a PhotoSource search tutorial
]]> video http://researchphotos.comindex.php?itemid=170 Fri, 1 Aug 2008 14:34:19 -0400 http://researchphotos.comindex.php?itemid=169

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
]]> textbooks http://researchphotos.comindex.php?itemid=169 Fri, 1 Aug 2008 14:28:48 -0400 http://researchphotos.comindex.php?itemid=168


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.
]]> Organization http://researchphotos.comindex.php?itemid=168 Fri, 1 Aug 2008 13:36:03 -0400 http://researchphotos.comindex.php?itemid=167


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.

]]> Travel http://researchphotos.comindex.php?itemid=167 Fri, 1 Aug 2008 13:33:25 -0400 http://researchphotos.comindex.php?itemid=166


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.
]]> Agencies http://researchphotos.comindex.php?itemid=166 Fri, 1 Aug 2008 13:25:21 -0400 http://researchphotos.comindex.php?itemid=165



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.
]]> copyright http://researchphotos.comindex.php?itemid=165 Fri, 1 Aug 2008 13:23:48 -0400