################################################################# PhotoStockNotes, February 2008, Week Four, 449D ################################################################# YOU AND THE LAW `````````````````````````````````````````````````````````````````````````````````````````` Pending Copyright Act Amendments By Joel Hecker, Esq. Two bills which would amend the Copyright Act, including an enhancement to the available civil penalties for copyright infringement, and creation of new enforcement offices with significant funding, have recently been introduced in Congress. The Senate version, Bill S. 2317, entitled Intellectual Property Enforcement Act of 2007, was introduced on November 7, 2007. The House of Representatives version, Bill H.R. 4279, formally known as the “Priority Resources and Organization for Intellectual Property Act of 2007" but referred to as the “PRO  IP” Act for short, was introduced on December 5, 2007. Although both bills have bipartisan support and seek to strengthen and harmonize the protection of intellectual property, including copyrights and trademarks, it is likely that they will be significantly modified as they make their way through the legislation process.   The Senate Bill S.2317 can be found in its entirety at:  http://www.govtrack.us/congress/billtext.xpd?bill=s110-2317   The House Bill H.R. 4279 can be found in its entirety at: http://www.govtrack.us/congress/billtext.xpd?bill=h110-4279   Copyright Registration Certificate   Both proposed bills would provide that a Certificate of Copyright Registration will satisfy the requirements needed for copyright infringement litigation, “regardless of any inaccurate information contained in the certificate,” unless it was willfully known to be inaccurate and the Register of Copyrights would have refused registration if the inaccurate information was known. If inaccuracies are alleged during a lawsuit, the court would be required to obtain the advice of the Register on whether the Register would have denied registration if the inaccuracies were known.   This would eliminate the technical defense in copyright infringement litigation that the Certificate of Registration was inaccurate, unless the inaccuracy was material.   Statutory Damages   A copyright owner would be entitled to receive statutory damages for each copyrighted work that is found to be infringed, and to obtain either one or multiple awards with respect to infringement of works that are lawfully included in a compilation or a derivative work and any pre-existing works upon which it is based. The court would be able to consider any relevant facts including whether the infringed works are distinct works having independent economic value.   As a result, the maximum amount of statutory damages for infringement of a compilation would increase from a single amount of $30,000 (or $150,000, if willful) to the possibility of multiple awards of that amount. This, if enacted, would be a major change, since existing law limits recovery of statutory damages to one award for a compilation (such as a magazine spread) even if there are multiple images in the compilation.   Exportation   Both bills would add a prohibition for the exportation of infringing items to the current prohibition on the importation of copyright infringing items.   Criminal Penalties   The proposed bills differ in this area, but generally would increase the criminal penalties for copyright infringement, would make conviction of a repeat copyright infringer easier, and would also enlarge the forfeiture sections by permitting the Justice Department to seize and auction off computer and network hardware which are used in “facilitating” a copyright infringement.   IP Enforcement Representative   Each proposed Bill would create a new bureaucracy. The House bill provides for an intellectual property enforcement representative appointed by the President, with the advice and consent of the U.S. Senate, with significant funding. The Senate bill creates a new operational unit of the Federal Bureau of Investigation, with specific staffing levels, to work with the Department of Justice on the investigation and coordination of complex intellectual property crimes, both domestic and international, with an initial funding of $12 million dollars per year from 2008 through 2011, plus an additional $10 million each year for the hiring and training of additional law enforcement officers.   Civil Penalties   The Senate bill would permit the attorney general to commence civil as well as criminal actions for copyright infringement. This provision would have its greatest impact against wholesale pirating of movies and music. Its impact presumably would not be as important in photography matters.    The Future of Both Bills   Hearings on both bills will be held, which will undoubtedly result in changes as to language and content, as interested parties make their positions known. In the end, if either or both bills are passed, they must be aligned into one piece of legislation. I am sure we will hear more as time passes.   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. Change is always on the horizon… Pry Them Loose ````````````````````````````````````````````````````````````````````````````````````````````` Advance Notes: Photobuyers often will not want to start working with you because, well, (like all of us) because they don’t like the idea of change. There’s change everywhere these days. Are you having trouble showing photobuyers the benefits of changing to your photography? Here are 9 tips to make photobuyers realize what they’re missing. What are the reasons photobuyers don’t want to change the way they’re doing business. They’re happy with their current photo suppliers, or they don’t clearly see the value in what you would be able to supply them. Primarily, it can be that they've become set in their ways, and that seems to get in the way of your selling to them. You need to get through the obstacles that stand in the way of selling photobuyers on the benefits of changing their lists of suppliers to add your style and content of stock photography. Here are nine simple steps to help you sell change, even when photobuyers want to stay the same: 1. UNDERSTAND YOUR PHOTOBUYER’S CUSTOMER. Your target might be an environmental magazine, an airline or travel magazine, a nature publication, or film producer. Understand their terrain, their competition. Understand their marketplace. This will give you more opportunities to tie in the value of your product and how it impacts their particular industry challenges. 2. SHOW THEM WHAT THEY’LL GAIN FROM THE CHANGE. Pointing out the return on investment is a valuable way of making your case. Provide numbers, examples, facts and figures, a statistical analysis, emphasize your ability, accessibility, the depth of your coverage in their specialization areas -- whatever it takes to help them visualize how making the change will benefit them. Just remember: Nothing is stronger than your belief in the idea you’re presenting. You must have faith in your photography in order to give photobuyers the confidence to make the change. 3. LEARN THEIR DELIVERY PREFERENCE. Test their preference on a friend or neighbor before you first attempt with a new photobuyer. Let them try out your photography. Experiencing the speed of your delivery and seeing your images gives prospects a taste of how you provide service. 4. SELL THE CHANGE WITH TESTIMONIALS. Provide potential photobuyers with a list of some of your best clients, and tell them to call anyone on the list. They can talk about why they do business with you and how they’ve benefited from the change they made by going with your photography. 5. MAKE SURE YOU’RE ALWAYS BUILDING A RELATIONSHIP. When someone likes your photography, trusts you and respects the knowledge you bring to the table, he or she will be much more open to making a change. 6. QUESTION EVERYTHING. “ Can you expand on that?” “Why is that important?” “ What does that mean to your readers/clients?” Getting the photobuyers to give you the right in-depth information gives you the ammunition to make an intelligent presentation on why changing to your stock photography will make a positive difference for them. 7. JUMP OVER THE ROAD BLOCKS WITH BOLDNESS. Whenever a new idea is introduced, you’re bound to encounter some resistance. Photobuyers who have been doing things the same way year after year aren’t necessarily open to alternative ways of thinking. Selling the change means being relentless and empowered by the passion within. When you believe in your case, so will the photobuyer. Don’t forget that they are buying, and you are part of the change. 8. LEARN TO LISTEN, AND LISTEN TO LEARN. Only when we’re really tuned in to the photobuyer can we find out the real reasons they’re reluctant to change, and then use that knowledge to address those issues effectively. 9. DO YOUR RESEARCH. Find out what other areas of their business they made changes to in the past, why they did it and what benefits they receive from making those changes. Do they accept digital downloads or do they still prefer to receive slides and do their own scanning? Do they use a major supplier of discount images, or go with a more specialized supplier? http://www.creativepro.com/story/feature/26395.html Rohn Engh, veteran stock photographer and best-selling author of “Sell & ReSell Your Photos” and “sellphotos.com,” has helped scores of photographers launch their careers. For access to great information on making money from pictures you like to take, and to receive this free report: “8 Steps to Publishing Photos,” visit his website at PhotoSource International or call 800 624-0266. WORKSHOPS ````````````````````````````````````````````````````````````````````````````````````````````` TRAVEL, LANDSCAPE, NATURE AND PORTRAIT CLASSES Highlight 2008 Sundance Photographic Workshops - Award-winning photographers Nevada Wier, Eddie Soloway, Bobbi Lane, Tony Sweet, Brenda Tharp and Tom Bol headline a world-class faculty at the 2008 Sundance Photographic Workshop series located at the infamous Sundance Resort. The Spring Workshops, May 7-11, 2008. http://www.creativepro.com/story/news/26232.html AUTUMN IN KOREA, October 25 - November 12, 2008, with Michele Burgess. South Korea rose from the ashes of war to become an industrial giant. Yet behind the modern facade is another Korea, the one this trip explores amidst the vibrant hues of autumn foliage -- serene temple and monastery complexes, traditional villages and agricultural activities, forested mountains and national parks. Cost: $5,895 from Los Angeles. Tour price includes: Air Transportation, Hotel Accommodations, Meals (breakfast daily, 3 lunches and 12 dinners), Sightseeing, fees/guide, Transfers, Service charges, Taxes. Contact: In Focus with Michele Burgess, 20741 Catamaran Lane, Huntington Beach, CA 92646-5513. Phone: 1 714 536-6104. E-mail: maburg5820@aol.com . Web: http://www.infocustravel.com . ``````````````````````````````````````````````````````````````````````````````````````````````````` ONE-TIME USE ONLY should be on each transaction you have with a picture buyer. In some cases, photo editors may wish to retain your image in the publishing house's Central Art Library for possible future use. For second-time use of the same photograph, charge the picture buyer 75% of the original fee. Think twice about selling EXCLUSIVE RIGHTS to your photograph. We encourage you to "rent" your pictures rather than "sell" them. If you receive a request to sell exclusive rights to your picture, multiply your "renting" fee by the number of times you anticipated marketing the picture in future years. When you sell exclusive rights to your image, your client may use the picture for most any use. However, the copyright still remains with you. CONTESTS ```````````````````````````````````````````````````````````````````````````````````````````````````` THE ART OF PHOTOGRAPHY SHOW 2008. Deadline: March 1, 2008. Awards: $1,000 1st Place, $800 2nd Place, $600 3rd Place, $400 4th Place, $200 (11) Honorable Mention Awards. Fee: $25/first entry, $10 for each additional entry. There is no limit to the number of entries. Contact: Art of Photography Show, 3830 Valley Centre Drive, Suite 705-833, San Diego, CA 92130. Phone: Phone: 858 793-0900. Web: http://www.artofphotographyshow.com/index.html . PHILLIPS MILL PHOTOGRAPHIC EXHIBITION. Deadline: March 7, 2008. Awards: $1,000+ in fifteen categories. Fee: $35/up to 4 images. Contact: Phillips Mill Photographic Exhibition, 489 Brownsburg Road East, New Hope, PA 18938. Phone: 1 215 862-9568. E-mail: ivypete@aol.com. Web: http://www.PhillipsMill.org. STAC 29th ANNUAL JURIED PHOTOGRAPHY EXHIBITION. Deadline: March 7, 2008. Awards: 1st Place $500, 2nd Place $200; exhibition opportunity. Fee: $45/up to 3 entries. Contact: Mills Pond House Gallery, 660 Route 25A, St. James, NY 11780. http://www.stacarts.org/uploads/File/JURIEDPHOTO2008.pdf . VIRIDIAN ARTISTS 19th ANNUAL INTERNATIONAL JURIED COMPETITION. Deadline: April 11, 2008. Awards: First Prize: $500, Second Prize: $200, Third Prize: $100. Finalists: 25 artists’ work will be displayed in a group exhibition at VIRIDIAN gallery. Honorable Mention: an additional 25 artists’ work will be featured in a Power Point Presentation during the exhibition. Fee is $40/up to three entries and $7/each additional entry. There is no limit to the number of entries. Contact: Viridian Artists Juried Exhibition, 530 West 25th Street, Suite 407, New York, NY 10001. Web: http://www.viridianartists.com/viridian/pdfs/juried_app.pdf . ALPAN INTERNATIONAL 2008. Deadline: April 15, 2008. Awards: $1,000 for Best in Show; selection for gallery group shows. Fee: $30/three entries, $5/each additional entry. Contact: Alpan Gallery, 2 West Carver Street, Huntington, NY 11743. http://www.alpangallery.org/prospectus/Alpan2008Prospectus.pdf Winnebagoland Art Fair. Deadline: April 30, 2008. Awards: $2,200 - $2,500. Contact: Shelley Ingala, Oshkosh Fine Arts Association, PO Box 2805, Oshkosh, WI 54903. Phone: 920 303-1503. Email: Shelling1230@charter.net . ADS WE’VE READ ``````````````````````````````````````````````````````````````````````````````````````````````` Learn Digital Photography Now by Dan Fieldman. Reveals insider professional tips and tricks for taking top quality photos with your digital camera (even if you're a complete newbie)... Are you frustrated with not being able to take high-quality photos with your Digital Camera? You're just a click away from learning simple and satisfying tricks used by professionals to take consistently fine photographs.  http://www.learndigitalphotographynow.com/go/?hop=0 Photographers featured next week on PhotoSourceFolio ````````````````````````````````````````````````````````````````````````````````` DENNIS THOMPSON denisthompson@hotmail.com http://www.photosourcefolio.com/1708 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.   GOOD NEWS FOR EDITORIAL PHOTOGRAPHERS. Getty Images Has Agreed to Be Bought by Private Equity Firm for about $2.1B. While Getty didn't give a specific reason for its January decision to seek a buyer, a spokesman said it was likely because Getty felt Wall Street was paying more attention to the stagnating core business (RF)than to its emerging segments(RF). Getty's editorial offerings -- news, sports and celebrity photos for the media – has grown recently. http://biz.yahoo.com/ap/080225/getty_images_sale.html?.v=11   MULTIPLE LOOKING. Using Multiple Monitors Will Never Be Easier - Get ready to explore the ease and practicality of multiple monitors with Sewell's USB to DVI ExternalVideo Card. http://www.creativepro.com/story/news/26404.html   SLOW DOWN. Citing Slow Economy, Masterfile Cuts 30 Jobs - "Every time there's a recession, before the economists say it, we know it," Pigeon says. Masterfile had to make similar cuts during recessions in 1991 and 2001, he adds. http://www.pdnonline.com/pdn/newswire/article_display.jsp?vnu_content_id=1003713857   FILCHING THE FLICKS How Common Is Microstock Intellectual Property Infringement? - Each week, Thompson says, iStockphoto sends take-down notices to Flickr, instructing the Yahoo-owned photo-sharing site to remove stolen work. Typically, Flickr takes a week to respond, he adds. http://www.pdnonline.com/pdn/newswire/article_display.jsp?vnu_content_id=1003713419   RAW DEAL. Google gives respite from a raw camera deal - A few weeks ago, and Google's Picasa software saved a photographer's skin. But now my warm glow of gratitude has begun wearing off, replaced by a simmering annoyance with camera makers for their profusion of proprietary raw formats. http://www.news.com/8301-13580_3-9875674-39.html?tag=bl   EYEPRINTS. Iris scans to protect your photos - A patent for technology which will digitally "watermark" the image with the details of the iris of the photographer has been filed by camera giant Canon. http://news.bbc.co.uk/2/hi/technology/7251621.stm   LIKE A BULLDOG. What to Do When a Prospective Client Doesn't Respond to Your Proposal - Ittakes an average of seven (some even say 10) sales calls to close a deal. So if you always give up after the first couple of tries, you'll never sell your service to anyone. http://www.creativepro.com/story/feature/26395.html   LISTEN UP. Learning to Communicate as an Art Director - Working with photographers Communication is the key assert yourself if necessary, but listen. http://rising.blackstar.com/learning-to-communicate-as-an-art-director.html   THE OTHER SIDE OF PHOTOSHOP. Manipulation of digital photography adds costs, delays to child-pornography prosecutions. http://www.startribune.com/science/15935847.html   BEYOND WATERMARKS. Subtle clues help experts spot tampered images. Sometimes, a photo is simply too good to be true. http://www.cnn.com/2008/TECH/02/25/evidence.photos.ap/index.html?section=cnn_latest   STANDARDS. Plus Coalition Expands Board And Welcomes Influential New Directors - The Picture Licensing Universal System (PLUS) Coalition announced it has significantly expanded its board of directors for 2008. This governing body of PLUS will guide the international non-profit standards organization on its mission to simplify and facilitate the communication and management of image rights. http://www.stockphotographer.info/content/view/657/92/   BAMBOO PAPER? Hahnemuehle Bamboo 265 and Bamboo 290 FineArt Inkjet Paper - Bamboo 265 for universal use as a high quality paint and drawing paper and Bamboo 290 as the world's first digital Fine Art paper made of bamboo fibres for premium inkjet prints. http://www.swpp.co.uk/professional_imagemaker/news/hahnemuehle-bamboo-265-290.htm   CELEB PIX. Michael Muller, Photographic Superhero - In Hollywood, nobody photographs superheroes like Michael Muller does. An inside look at the secrets of his craft. http://www.popphoto.com/photographynewswire/5130/michael-muller-photographic-superhero.html   A HOAX, I THINK. They said, “Insignia Digital Photo Frames Shipped With a Virus - A frightening new computer virus is making the rounds, and it's coming in through an unlikely source: Those cute, innocuous, and unavoidable digital picture frames.” http://tech.yahoo.com/blog/null/66647   DON’T LOSE THEM. Digital photography driving demand for higher capacity storage with ability to protect photos from loss company, Micronet Technology Inc. introduces new line of photo-ready storage devices. http://news.thomasnet.com/companystory/812985   SLIDESHOW. Time-lapse photography with dvd-slideshow. One easy way to compile a time-lapse video is to use dvd-slideshow, a tool for creating video slideshows from digital photos. http://www.linux.com/feature/127059 END.