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info@photosource.com
www.photosource.com
Focus On Key Issues For Editorial Stock Photographers
Note
: Need the answer to a stock pho-
tography question. At our Web site
our Bulletin Board, called “The Kracker
Barrel.” Check it out. Our staff answers
marketing questions; fellow photogra-
phers offer their input and experience. The
following is a typical ex-
change:
Q
:
At the risk of
sounding a bit presump-
tuous, I experienced
something today that I’d
like to share because I
think there’s a lesson in it
for many people. I’m try-
ing to break in to the stock photo
business. I live in a major tourist
center that offers photo opportunities
of many local sights and attractions.
I sent off a package of photos to a lo-
cal publication but six weeks had
gone by with no response so I fol-
lowed up with a phone call to the
Key words in this issue:
Kracker Barrel | Story | Create |
Seminar | Workshops | Moral
Rights | PrintSix | Digital |
Family Photographs |
NEWSWORDS: Sports |
Privacy | Enhancement |
Citizen Photographer | Georgia
| Industrial | African
PHotography | Barcelona |
Displaced people | UNC’s |
Newfoundland |
February 2004
Week One Number 401A
Volume 12
photo buyer.
He said that he still had the
package and would be making
some decisions in the next couple
of weeks. He liked some of my
stuff and would it be OK if he kept
it a little longer.
(YES!!)
I then asked him if
he had any specific
needs - subjects that he
had no photos of. He
hesitated a bit and then
said, “Well... I was
working with a photog-
rapher a few years ago who asked
me the same question. I spent some
time describing to him a list of
things I needed. When he brought
back his next batch of work, none
of the subjects I told him about
were there. He said that he forgot
about those places and subjects and
had just shot some more stuff that
he was interested in.”
I told the buyer I’d much rather
be spending my time and energy
shooting things I knew he needed,
rather than just trying to guess
what they might be. In the course
of the ensuing conversation I got
him to describe 3 locations he
needed. Guess where I’m headed
this weekend with my cameras.
(
Bruce Pollock
, Moonrise
Photographics, Victoria BC CANADA)
A
:
What an intriguing introduc-
tion for a posting on the Kracker
Barrel!
“A Short Story”
A headline
or intro is always read first. If it’s
intriguing, the reader will read on.
Which I did.
It’s another reminder that stock
photographers need to be entertain-
ing. Not only to the viewer but to
the photobuyer, also. Intrigue him
or her, not only with your talent but
your ability to tell a good STORY.
And now to your message. . .
In my book,
Sell & ReSell Your
Photos
, I emphasize the importance
of the second most important prin-
ciple of editorial stock photogra-
phy...
And it’s this: Most people in a
creative field, when they enter it —
whether it’s song writing, painting,
ceramics -and so on, —make this
mistake:
They create first and then
try to find a market for the
results.
That is a recipe for disaster.
If you reverse this process, that
is, find a market first (in an area that
matches your interest), and
then
cre-
ate for it, we are going to see your
credit line in many publications. The
creative desert out there is strewn
with dried bodies of photographers
who attempted to create first and
then find markets.
FIND THE MARKET,
THEN CREATE
And now for the first principle....
The first principle is to find a
subject area you love working in.
When the subject is one you have
great interest in, such as your home-
town where tourists come to visit,
you probably enjoy showing others
your viewpoint of the town or city
and its environs. It’s here where you
do your homework and find if there
is a market for your pictures.
You did.
And guess what. It doesn’t end
locally.
BLOOM WHERE YOU
ARE PLANTED
If you post the name of your
town on the Internet at your Web
Home Page, search engines will find
it when a photobuyer is looking for
pictures of your town or important
(to the photobuyer) points of interest
in your town or region of the world.
The photobuyer might be doing a
round-up of certain kinds of ferris
wheels or libraries. Who knows.
Not only will your photos be of
great use to the local tourist bureau,
and photobuyers world wide, but
they will serve as significant histori-
cal images for the future.
-Rohn Engh
A Short Story
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PhotoStockNotes from PhotoSource International
Are you a stock photographer. You know that you
shoot alone, work alone, and there’s seldom an office
where you can mingle with colleagues and co-workers.
Have I just described a lonely vocation.
We all know that interaction with peers and col-
leagues is important in any profession. So is network-
ing, discussing new ideas, new trends. So, what should
a stock photographer do.
A REMEDY
Attending seminars is a excellent way to expand
your knowledge of your craft. You also get to meet
people interested in the field, veterans, and photogra-
phers just starting out.
There are plenty of general photography seminars
and workshops available across the country. They are
great for general info, inspiration, and mastering basic
techniques. When it comes to the specific aspects of
stock photography, however, you want to look for
seminars targeted to stock marketing and operation.
INSPIRATION & KNOWLEDGE
As stock photographers, we sometimes forget that
we are much more than “just” a photographer. We are
also owners of a small business, and there is a wide
range of information in all sorts of fields that comes in
really handy for small business-owners.
To gain this knowledge you can arrange to attend
other workshops and seminars aside from photo-
graphic ones. For example, workshops on direct mail/
marketing, small business accounting, small business
taxation and tax planning, and graphic design, are all
beneficial for small business-owners.
GENERAL PHOTOGRAPHY
WORKSHOPS
Photography workshops come in all flavors and
sizes. You have seen them advertised in the photo maga-
zines and newsletters. They range from highly special-
ized to broad in their coverage. With a little investigating
you’re bound to find a seminar/workshop that is of inter-
est to you.
Approach a workshop like you would any other busi-
ness endeavor. Ask for a few references of photographers
that have previously taken the workshop. Check the refer-
ences out, make sure everything computes, and go for it.
There are several workshop companies that have been
around for many years and that have a very solid reputa-
tion. The SantaFe Workshops, Maine Photographic
Workshops, Rocky Mountain School of Photography and
Nikonschool, just to name a few.
PSI SEMINARS
Periodic seminars presented by PhotoSource Interna-
tional address both the business of operating an indepen-
dent stock photo enterprise and specific marketing know-
how.
We’ll be presenting a “how-to” stock photography
seminar at the Washington School of Photography in
Bethesda, Maryland, May 15th and 16
th
, 2004. The focus
of this seminar is how to run a stock photo business.
We’ll be dealing with topics like getting started, finding
your own specialty, marketing, digital images, finding
clients that need photos in your interest areas.
If you’re interested in signing up (attendance is lim-
ited), or finding more information, please contact the
Washington School of Photography at (310) 654-1998 or
check them out online at
Mikael Karlsson, our PhotoSource International Mid-
west Director, will present the seminar, together with
Brian Yarvin, a successful stock photography veteran
with over 30 years experience. We hope to see you there
for two days of intense workand lots of one-on-one time
with both Mikael and Brian.
Note: Photojournalist
Mikael Karlsson
has 14 years’ experience of work-
ing for magazines and newspapers in more than 30 countries. He moved to the
United States in 1998 from his native Sweden. He lives in Nebraska and is cur-
rently US correspondent for 11 Swedish magazines and a regular contributor
to a wide variety of U.S. publications. Reach him at
.
Moral Rights May Protect
Photographers In Limited
Circumstances
By Stephen Filler Esq.
Although the United States does not generally rec-
ognize “moral rights” in legal issues, in some situa-
O
tions “moral rights” will give photographers added pro-
tection.
Copyright includes the right to use, reproduce, dis-
play, and copy a photograph. If and when the copyright is
transferred or assigned, however, a photographer cannot
generally control whether he or she will receive credit for
the photo, or whether the work may be changed — unless
the recipient so agrees.
The situation is different in countries like France, that
recognize moral rights. Known in French as “droit
moral,” moral rights give artists the perpetual and non-as-
signable right to be credited as the creator of the work
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PhotoStockNotes from PhotoSource International
The featured Photographers next
week on the
PhotoSourceFolio is
Billy Grimes
prevent degradation of the work (the right of integrity).
French moral rights also include the right to determine
when a work will be released to the public (the “right of
disclosure”) and, with certain conditions, the right to re-
call the work from the public (the “right of withdrawal”).
In a famous example in 1995, the heirs of director John
Huston prevented a French broadcast of a colorized ver-
sion of “The Asphalt Jungle” because such colorization
violated Huston’s right of integrity in the movie.
In 1990, Congress created limited moral rights in the
U.S. when it amended the Copyright Act with the Visual
Artists Rights Act (“VARA”). 17 U.S.C. Section 101 et.
seq. VARA created a limited rights of attribution and in-
tegrity in “works of visual art,” existing for the life of the
artist. To be eligible for protection, the artist must be of
“recognized stature” or the artist’s “honor or reputation”
must be prejudiced by a modification of the work. A
“work of visual art” is limited to a work produced in a
limited edition of 200 or fewer copies numbered and
signed by the artist. Photographic stills must be “pro-
duced for exhibition purposes only, existing in a single
copy that is signed by the [photographer], or in a limited
edition of 200 copies or fewer that are signed and con-
secutively numbered by the [photographer].”
“Works of visual art” do not include works made for
hire, or works that are utilitarian, promotional or adver-
tising.
A recent New York case held that works created for
political purposes are “promotional” and not protected by
VARA. Joanne Pollara, an artist, created a large banner
supporting legal services for the poor on behalf of the
Gideon Coalition, a non-profit organization advocating
for indigent legal services. As part of Gideon’s lobbying
efforts, it displayed the banner at an information table
near the Statehouse in Albany without a proper permit.
After a state employee removed and tore the banner,
Pollara sued, claiming that the banner was deliberately
destroyed in violation of VARA.
The United States Court of Appeals for the Second
Circuit dismissed the case, ruling that the banner was
“promotional” and not protected by VARA. Pollara v.
Seymour, 344 F.3d 265 (2d Cir. 2003). According to
the Court, “the purpose of the [banner] was to attract
public attention and publicity to the [Gideon] informa-
tion table.” Therefore the banner had a promotional
purpose and the artist was not protected by VARA.
Copyright © 2004
Stephen Filler.
Stephen
Filler
is an attorney (
)
whose practice includes in-
tellectual property, copy-
right, trademark, technol-
ogy, media, contracts, cor-
porate and photography
law. His office is located
at 303 South Broadway,
Suite 222, Tarrytown,
New York, 10591, 914-
332-4114,
.
This column is to be used
for informational pur-
poses only is not legal
advice. For legal ad-
vice, please consult an
attorney.
GoodStuff
THE COMPLETE GUIDE TO DIGITAL PHOTOGRAPHY
, by
Michael Freeman, 2
nd
edition, 2004 (Lark Books, ISBN 1-57990-
534-X, 124 pages, $29.95). This book is both a primer for the digital
beginner and a handbook for the seasoned user; it covers all aspects
of digital photography, from in-camera digital control to scanning
slides to computer-based adjustments and effects. Freeman also ex-
plains basic digital principles in user-friendly language, to help you
select and use the appropriate equipment and software for your
needs. –
David Arnold & Gail Rutman
PRESERVING YOUR FAMILY PHOTOGRAPHS
:
How to Organize
, Present, and Restore Your Precious Family Images
, by
Maureen A. Taylor. This book provides all the basic information
you need to care for your family photograph collection. Taylor out-
lines in straightforward steps how to add value to your home collec-
tion by using the methods that conservators and photo curators use
every day. (ISBN: 1-55870-579-1; $19.99) Contact: F & W Publi-
cations, Inc., 4700 E Galbraith Rd, Cincinnati, OH 45236. Phone: 1
513 531-2690.
Watch for developments in the field of stock photography in PhotoStockNotes
PHOTOGRAPHY IN THE NEWS
You’ll be the first to know…
Note: If the URL is long, it may extend to two lines. In that case - clicking on it won’t work. Instead, “copy and
paste” the URL.
ADS WE’VE READ
PRINTSIX
Developers at
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tos Dot Com
are featuring a new
software, “PrintSix,” which they
describe as a fast and easy way to
create beautiful printed photo al-
bum pages and reprints using “pre-
formatted” page templates and the
latest in digital photo printing tech-
nology. For more information:
(Ed note: These are for your perusal and
curiosity. No endorsement is implied.)
Shot of tearful Federer wins photography award. That picture has now earned a SFr10,000 ($8,117) award for the
woman who took it, along with the title Swiss press photographer of 2003. Siggi Bucher, who is from Zurich and
works freelance for Reuters, scored a double first with her prize-winning shot. She is the first woman to receive
Page 4
PhotoStockNotes from PhotoSource International
A weekly newsletter, published by Rohn Engh, Director,
PhotoSource International. Subscription fee: $5 per month (4
weekly issues) or $36 per year. Reproducing or copying
PhotoStockNotes is not permitted without written consent of the publisher, except for review purposes where source credit is given.
On-Line Editor: Bill Hopkins; Reviews Editor: Mikael Karlsson. Chief Editor: Angela Dober. ISSN#1073-0710. Publication num-
ber: 419-450 Fax: 1 715 248-7394 Phone: 1 715 248-3800. E-mail:
Web:
Address: 1910 35th Rd, Osceola, WI 54020. U.S.A.
PhotoStockNotes
Want to read more “Photography in the News”. Go to:
the award and it’s the first time a SPORTS picture has been selected as picture of the year. Since the competition
began 12 years ago, most of the winners have been in the current affairs category.
Camera phones are hot despite concerns over PRIVACY, spying - They are one of the hottest new technology
items, but mobile phones with integrated cameras are also raising a host of concerns about privacy, industrial
espionage and even pornography.
Jill Luckett expands upon her family’s photography business - With the computerized, digital artwork that technol-
ogy affords today for portrait ENHANCEMENT — artwork that can modify a portrait-sitter’s hair, makeup and
clothes — one could say the studio delivers dreams, too.
Routine Monday yields award-winning results for Citizen photographer – The Georgia Associated Press Associa-
tion announced last week that a photo taken by CITIZEN PHOTOGRAPHER Lee Depkin as been named AP
Photo of the Year for Georgia.
Photographer seeks INDUSTRIAL landscapes - “These (industrial sites) were the landscape of my time that no
one was addressing, images of these disconnected places we never go to, and as long as we can flip a switch and
stay warm, most of us don’t care where it comes from,” Burtynsky says.
Jill Luckett expands upon her family’s photography business. A fanciful-looking, pale blue stucco building on the
Bluebonnet Boulevard extension between Interstate 10 and Jefferson may have had passers-by wondering about it
for months as it went up. Was the building, with a medieval/fairy tale look about it, someone’s dream home. Or a
business that sold dreams.
Bamako 03. Contemporary African Photography”
Centre de Cultura Contemporania de Barcelona
The CCCB opens its program of exhibitions for the year 2004 with the show Bamako 03.
Contemporary AFRICAN PHOTOGRAPHY, an overview of the creative work coming out of Africa. After the
exhibition Africas: the artist and the city (2001), with its in-depth exploration of African contemporary creation in
its many expressive registers, the Centre de Cultura Contemporània de Barcelona takes a further look at the
creative vitality of a region which despite its geographical proximity continues, for us, to be an unknown quantity.
World-renowned artist focuses on displaced people in epic project As an economist, Sebastião Salgado once
painted a picture of the world with statistics. But after borrowing his wife’s camera on a 1973 trip to Africa,
photography became his medium. And algado became one of the world’s leading documentary photographers of
human struggle and survival. His exhibit, “Migrations: Humanity in Transition,” opens today in two Triangle loca-
tions: UNC’s Ackland Art Museum and Duke University’s Center for Documentary Studies.
News Photography Charlie McCarty Dies. Charlie McCarty, an innovative American photographer who worked
for the Reuters and United Press news agencies, has died in Belgium. He was 88. McCarty, widely praised for
discovering and training promising young photo journalists, died at his home near Brussels on Monday, Reuters said
in a statement. The cause of death was not given.
