PhotoStockNotes, August 2003

The Hidden Value Of Your Photo File

Global commerce and family vacations have made the travel industry among the top ten revenue producers in business today.

If you are a photographer who likes to travel, you have a wealth area you are probably not capitalizing on. It's your photo file - that collection of slides and color prints that feature your destination sites. These photos are not reaching magazines and book publishers who are, at this moment, looking for them.

A good reason you aren't making the match with these publishers is that you don't know the contact persons or their publication dates. The photos in your file, consequently, are going nowhere, except out of date.

Cruise Lines, Hotels, Railways, Time-Shares, and Airlines, all would like the world to know about the merits of their certain destinations. If their files contain current photos, they are in an excellent position to gain free publicity. At this moment there are magazine and book publishers seeking photographs of these destinations.

Here at PhotoSource International we fax out daily the photo needs of publishers who are willing to pay $50 to $200 for these much needed photos for their upcoming publications. Of course, it's not every day that we publish a photo need that would match your destination areas, but over a year's time, we may list several. And as the saying in business goes, "The most important purchase in business is not the first. It's future purchases."

ATTENTION: TRAVEL ORGANIZATIONS

A key to placing your photos with magazine and book publishers is to supply current, fresh images that portray your destination sites in a cordial atmosphere. If your photos are out-dated or not up to the technical standards of the publishing industry, the success of your efforts is doomed. Here's how to keep your files up-to-date with little cost to your budget.

No doubt your destination sites are ones that most travelers would like to visit - and that includes professional photographers. If you can offer the usual courtesies to professional photographers such as lodging, meals and airline passage for the photographer and his or her models, the photographer is often willing will to barter services.

In our newsletter PhotoStockNotes we monthly publish the itineraries of traveling photographers and their destinations. Give us a call if you'd like to see a current list.

If you'd like to see a copy of our PHOTODAILY or our weekly photo needs bulletin, write or fax us on your letterhead.

Rohn Engh is Director of PhotoSource International and Publisher of PhotoStockNotes and regularly barters with other businesses

The Uncounted Costs of "Going Digital"

By: Brent T. Madison

Itching to take the digital plunge? You've read all the reviews, have studied the differences between the various cameras in your price range, and are working on strategies for getting your spouse to "okay " a big purchase on the credit card. . .

Sound familiar? There's nothing wrong with dangling your toes in the digital bathwater, but make sure you've considered all of the costs before diving in. These expenses can be substantial and are certainly unmentioned in the flashy camera ads you’ve been poring over.

First there are the obvious things you'll need to consider, besides the camera, before becoming "digi-able." Are you already equipped with the right lenses and/or adapters to fit your new purchase? If you are buying an SLR-type camera, be certain that your current stock of lenses is compatible with the computer chips running the camera. If the lenses are built-in to the camera, will you have to buy wide angle or telephoto attachments to get the range you want? Some digital cameras need the newest TTL-flashes to work. Have those costs been factored in? What will you need to buy so that your new digital set-up will match - or even better – expand - your capabilities in photography?

RAIN ON THE PARADE

Recently, my brother e-mailed me to say he had chosen an SLR-type camera and was ready to max out his credit card. In his excitement, he shared that as he enjoys manual focus, and knowing his old lenses wouldn't support autofocus, he didn't mind not having the AF option on his new camera. Sorry to rain on his parade, I told him that with his current stock of lenses, the camera would not display an F-stop reading. Furthermore, camera-assisted Program, Aperture and Shutter-priority modes would not work. His options were to buy a new set of AF-lenses with computer chips or use his new camera only in manual mode without a meter - two things he had not considered in his budget planning.

Another consideration in the overall picture is the investment you'll need to make on a computer system that will be not only able to quickly process your digital images but be able to store or archive them, too. If you already have a computer, what upgrades or additions will you need to purchase to enable your computer to handle the workload you are about to give it? Do you have a CD or DVD burner, over 40 GB of hard drive space, the right USB or fire-wire cards? If you are prep-ing images to go to clients, is your monitor and graphics card up-to-snuff? In the end, your current computer's motherboard may not be able to handle certain hardware upgrades, in which case you may need a new computer altogether.

Where software is concerned, what programs will you have to buy and learn? People new to digital photography are often surprised to learn that many digital photographs need "balancing" to make them ready for print. Have you invested in the software you will need, like Qimage or Photoshop? How much time and money are you willing to spend to learn how to use them? Will you have to create an archive system for burning, cataloging and accessing your digital photos? Will a non-computer-based archive system work for your digital images, or will you buy database software to help you manage them?

MAGAZINE PUBLICATION

A few months ago, I purchased the Fuji S2 Pro (SLR camera) several days before an assignment out in the field for a charity organization. The client was excited about receiving completely digital images on CD. I was excited to put the camera through its paces and join the ranks of wired photographers. Because the images would be used for magazine publication, it was necessary to shoot in the highest-quality mode. Equipped with a 1 GB MicroDrive and a backup 128 MB Smart Media card, I was sure this would do the job. Due to the large RAW file size of each image (12.9 MB) I was only able to get 90 images before both cards were full. I had already paid as much as I could for my camera and memory cards, so was unable to purchase an additional $500 worth of cards to make my workflow smoother. As a backup, I brought my Mac G3 laptop with 3 GB of free space. This meant uploading images every free moment I wasn’t shooting, and when I finally ran out of space on the laptop, my only option was to shoot in a smaller megapixel size with JPEG compression. Back at my office the images needed to be copied to my desktop computer hard drive, sorted and burned to CD for the client . With roughly 5 GB of RAW images, I realized my workflow would not be as smooth as I had envisioned. The client could not view RAW images, which meant they had to be unstuffed into TIFF format. Each TIFF image was almost 40 MB in size. For hours, my top-of-the-line-machine ground out dozens of gigabytes of re-written files. I eventually ran out of hard drive space, filled my wife's computer (which was networked) and ended up having to buy another 40 GB of hard drive space. Of course, the client knew none of this but was delighted to receive 42 CDs of high-resolution images (I also made a backup of each CD for myself). I lost my profit on this particular assignment because I hadn't figured in the extra hours and the unbudgeted purchases of a secondary hard drive and a stack of CDs.

This article is not meant to scare you from going digital, but to help you look at the bigger picture and the unseen costs inherent in making the jump. While you're thinking about costs, ask yourself if the total investment is worth the return. Will this investment make you more money, more professional and more efficient? Of course only you can answer this question. Don't forget to factor in the type of photography you do, the kind of clients you have or are looking for, and the value you put on this quickly changing technology.

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

" I love being digital…"

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

For me, the investment was worth it. I love being digital. While I still spend time balancing and cataloging digital images (in a text-searchable database), I have only redirected the scanning and label-printing hours of old into a more modern system where searches are faster and more efficient. In addition, my "film" will not lose quality or color over time. I'm saving money in the long run shooting good digital stock and no longer pouring nearly as much money into my local lab. I'm learning on-the-fly about light and technique, instead of waiting several days to check the slides. Most importantly, existing clients are happy with the change. I just wish I had known up-front how much all this happiness would cost. . .

Brent Madison, CPAmedia/MadisonImages, P.O Box 10, Phra Singh P.O. Chiang Mai, Thailand 50200. Phone: 6653 400 521, 400 521. Fax: 6653 400 523. karin@cpamedia.com.

Your photographs can appear regularly in national circulation. When it comes to getting pictures published, most photographers have the creative ability – that takes talent. But it takes more than talent to consistently receive checks from publications. That takes marketing know-how.

The Law of Probability is on your side if you direct your initial marketing efforts toward specialized magazines and book publishers.

STEP BY STEP

1. Don’t be tempted to be "all things to all photo editors." This is usually the first mistake the fledging editorial stock photographer makes. Photo editors recognize that one photographer can’t be that versatile. Editors prefer to work with a photographer who has strong coverage and knowledge of the subject area that their publishing house specializes in. Photobuyers want material that’s going to satisfy their readers and advertisers.
2. Focus on a market area that will appeal to you, such as Outdoor Recreation, Aviation, Medicine, Education.
3. Make a market list of publications which focus on subject matter in your interest areas. Then, on your deluxe stationery, request their "Photographer’s Guidelines."
4. If you consider your photo marketing only a spare-time endeavor, you’ll still be available for assignment at your vacation time. Remember, your vacation is now a business trip and is an eligible tax deduction for you.
5. Even smaller specialized markets can have a monthly photography budget ranging from $2,000 to $20,000. Many markets spend $50,000 and more on photography (per month – not per year). If you zero in on just 10 specialized markets, you will have, as they say in the marketing field, "found your corner of the market." The photobuyers will consider you an important resource to them, and once you have sold a few pictures to a buyer, he or she will be interested in sending assignments your way.
6. Get prepared for an eventual assignment by giving yourself some practice assignments. Using a typical photo story in one of your targeted publications as a guide, try to duplicate the same techniques the photographer used.

Rohn Engh is director of PhotoSource International and publisher of PhotoStockNotes.

CHANGES

SPORTS ILLUSTRATED FOR WOMEN, contact person is Heather Brown, Photo Editor. Former address: 1271 6^th Ave, New York City, NY 10020; current address: 135 W 50^th St, New York, NY 10020.

AVALON TRAVEL PUBLISHING, former contact and address: Laura VanderPloeg, 5855 Beaudry St, Emeryville, CA 94608; current contact, e-mail and address: Deb Dutcher, Production Assistant, deb.dutcher@avalonpub.com; 1400 65^th St, #250, Emeryville, CA 94608.

CAT FANCY (P.O. Box 6050, Mission Viejo, CA 92690) former contact and e-mail: Sandy Meyer, Associate Editor, smeyer@fancypubs.com; current contact and e-mail: Steve Triolo, Associate Editor, striolo@fancypubs.com.

NATIONAL CASA (100 W Harrison N Tower Ste 500, Seattle, WA 98119) former contact and e-mail: Jim Clune, Communications Director, Jclune@nationalcasa.org; current contact and e-mail: Carla Spaccarotelli, Publications Specialist, Carla@nationalcasa.org .

DEFENDERS OF WILDLIFE (1101 14^th St NW Ste 1400, Washington, DC 20005) former contact: Maria Cecil, Editorial Associate; current contact: Mark Cheater, Director of Communication.

TRAILER BOATS MAGAZINE, former contact and address: Randy Scott, Editor, P.O. Box 5427, Carson, CA 90749; current contact and address: Steve Quilan, Editor, 20700 Bellshaw Ave, Carson, CA 90746.

BATES SW ADVERTISING (5847 San Felipe Ste 400, Houston, TX 77057) former contact and e-mail: Anthony Drago, Production Manager, Skline@batesww.com; current contact and e-mail: Holly McAllister, Creative Coordinator, hmcallister@batesww.com.

HERMITAGE ART COMPANY (5151 N Ravenswood Ave, Chicago, IL 60640) former contact: Bette Powers-LeVerso, General Manger; current contact: Jane Wheaton, Art Director.

ABARTA MEDIA (118 SW Blvd 3 Fl, Kansas City, MO 64108) former contact and e-mail: Matt Wasko, Director of Design, mwasko@abatapub.com; current contact and e-mail: Jose Santa Cruz, Director of Design, jsantacruz@abartapub.com.

MOMENT MAGAZINE (4710 41^st St NW, Washington, DC 20016) former contact and e-mail: Dan Richards, Editorial Associate, drichards@momentmag.com; current contact and e-mail: Rebecca Frankel, Editorial Associate, rfrankel@momentmag.com.

NEWBRIDGE EDUCATIONAL PUBLISHING (333 E 38^th St 10^th Fl, New York, NY 10016) former phone: 1 212 652-0200; current phone: 1 212 478-1700.

STEIN ROGAN & PARTNERS (440 Park Ave S 3^rd Fl, New York, NY 10016) former contact and e-mail: Allison Abreu, Production Manager, aabreu@srpadv.com; current contact and e-mail: Ed Burgoyne, Production Manager, eburgoyne@srpadv.com.

A SHARED VISION, former address and phone: 19 Issaquah Dock, Sausalito, CA 94965, 1 415 860-5242; current address and phone: 22161 Koftinow Dr, Jenner, CA 95450, 1 707 847-3137.

SOUNDINGS PUBLICATIONS, former address: 35 Pratt St, Essex, CT 06426; current address: 10 Bokum Rd, Essex, CT 06426.

SUN HERALD (P.O. Box 4567, Biloxi, MS 39507) former contact and e-mail: Barbara Lowell, blowell@sunherald.com; current contact and e-mail: Scott Hawkins, schawkins@sunherald.com.

COPYRIGHT

Let’s say you’ve granted, and been paid for, a license for one of your images to be used in a company’s promotional brochure for one year. Do you have a duty to investigate whether the company is still using your image after the term expires? Subsequently, you learn that the company, in fact, continued using the image beyond the first year. If you then wait several years before bringing a copyright infringement action, will you still be able to prosecute your claim?

As a matter of good business practice, you should try to investigate, in good time, whether your licensees are exceeding the terms of your licenses. This is especially true for businesses who are not accustomed to the licensing industry and who have a tendency to "forget" that copyright licenses, like all good things, must pass. However, as a legal matter, you generally do not have a duty to investigate whether the licensee continued to use the work after the term expired, or otherwise exceeded the scope of the license. Although courts have in some circumstances imposed this duty on licensors, copyright owners as a general matter do not have "a never-ending obligation to discover whether anyone to whom [it] ever supplied [its work] would copy it. The Copyright Act does not recognize such an obligation. " MacLean v. Mercer-Meidinger-Hansen, Inc., 952 F.2d 769, 780 (3d Cir. 1991). This is good news, because it would add a tremendous expense if copyright owners were required to always actively police their licensees for unpermitted uses.

However, once a copyright owner learns of an infringement, it is important to act quickly. If you do not, you will likely be "estopped" or prevented from bringing a claim, pursuant to the doctrine of "laches." The key question is whether you continued to permit the infringement even after you had knowledge of the unlawful use. In the case of Silva v. MacLaine, 697 F. Supp. 1423 (E.D. Mich 1988), for example, the plaintiff was estopped from bringing a copyright infringement claim involving plaintiff’s copyrighted material allegedly used in defendant’s book. Because plaintiff reviewed defendant’s manuscript in 1981, received an autographed copy of the book in 1983, and was later informed of a television series made from the book – and never objected – the court found that plaintiff was estopped from bringing a claim. If the defendant incurs great expense in producing, printing or distributing the copyrighted material, it will be even harder to stop a use after having knowledge of the infringement.

As a matter of good business practice, you should make sure your licensees do not exceed the scope of their licenses. As matter of good legal practice, however, you must act on an infringement as soon as you learn about it.

TRAVELERS ABROAD

Photographers: We broadcast your foreign destinations along with contact information, departure date, length of stay, etc. Contact PhotoStockNotes (1 715 248-3800) at least two months in advance.

Photobuyers: Watch this column. For the e-mail address, phone or fax number of the traveling photographer, call the PhotoSource International office and ask for Deb Koehler (1 800 223-3860). For an expansion of this list: www.photosource.com and press the Travelers Abroad button, to learn of past international destinations of our photographers.

Rodney L. Johnson
July 19 – August 2, 2003
Bangkok (Thailand)

Valery Rizzo
July 19 – August 3, 2003
Southern Italy

Barry Hilton
July 23 – August 7, 2003
Nova Scotia (Canada)

FLASHBACK

1839 – The first photograph taken in the USA was on August 19^th. The photo was a "daguerreotype," a form of image recording invented by Louis Jacques Mande Daguerre, of France.

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

GOODSTUFF

THE CREATIVE PHOTOGRAPHY HANDBOOK, A Sourcebook of Techniques and Ideas, by Lee Frost. This guide presents more than 70 creative techniques and subject ideas to help readers produce exciting, innovative images. Whether a complete beginner or an experienced photographer looking for something to spice up their picture-taking, readers will find this book a substantive source of ideas and effects. ($24.99; ISBN: 0-7153-1537-4) Contact: F & W Publications, Inc., 4700 E Galbraith Rd, Cincinnati, OH 45236. Phone: 1 513 531-2690. http://www.photosourcefolio.com/bookstoreone.htm#0715315374 .

422 TAX DEDUCTIONS FOR BUSINESSES AND SELF EMPLOYED INDIVIDUALS, by Bernard B. Kamoroff, C.P.A. This fully Revised and updated book tells you about deductions you never heard about; deductions your accountant forgot to ask you about; deductions your software program got wrong; and deductions the IRS chose not to mention on their tax forms. ($17.95; ISBN: 0-917510-19-4; 224 pages) Contact: Bell Springs Publishing, Box 1240, Willits, CA 95490. Phone: 1 800 515-8050. E-mail: info@bellsprings.com .

http://www.photosourcefolio.com/bookstoreone.htm#0917510216 .

EPSON COMPLETE GUIDE TO DIGITAL PRINTING, by Rob Sheppard. Create sparkling digital photographs of professional quality using all kinds of ink jet printers. Follow an expert’s advice on: deciding which printer is right for you, based on features, performance, and price; choosing standard and specialty papers; image-processing programs and how they can be used to refine your photos for printing; finishing touches that can turn a good print into a great one; expanding your creative horizons by working in black-and-white; and creating panoramic images. ($24.95; ISBN: 1-57990-427-0; 160 pages, all color) Contact: Lark Books, 50 College St, Asheville NC 28801.

http://www.photosourcefolio.com/bookstoreone.htm#1579904270 .

STEP-BY-STEP DIGITAL PHOTOGRAPHY, A Guide for Beginners, by Jack and Sue Drafahl. Whether you are new to photography or just trying to master your first digital camera, this book provides a step-by-step path to success. Using a visual approach that pairs short text with photos for every step, the Drafahls actually show you, yes, ‘you’ everything you need to know to take good digital photos. ($14.95; ISBN: 1-58428-103-0; 112 pages; 180 full-color photos) Contact: Amherst Media, 155 Rano St, Ste 300, Buffalo NY 14207. Phone: 1 800 622-3278. Fax: 1 800 622-3298. http://www.photosourcefolio.com/bookstoreone.htm#1584281030 .

ADOBE PHOTOSHOP ALBUM FOR WINDOWS, By Nolan Hester. This visual QuickStart Guide takes an easy, visual approach to teaching Photoshop Album. (http://www.photosourcefolio.com/bookstoreone.htm#B00007KLFK) It works like a reference book – you look up what you need and then get straight to work. Has a companion website that includes further examples, tips, and insights. ($19.99; ISBN: 0-321-19402-0) Contact: Peachpit Press, 1249 Eighth St, Berkeley CA 94710. Phone: 1 800 283-9444. Fax: 1 510 524-2221. http://www.photosourcefolio.com/bookstoreone.htm#321194020 .

A FIELD GUIDE TO BIRD PHOTOGRAPHY, by Steve Young. The book gives information on the best cameras, lenses, accessories, and film for trouble-free picture taking in the field, then moves on to how to select the correct exposure and meter for a variety of weather and lighting conditions. Includes tips for taking photographs in every season. Concrete suggestions for beginners on how to achieve great results. ($14.95; ISBN: 1-86108-252-5) Contact: Sterling Publishing Co., Inc. 387 Park Ave S, New York NY 10016-8810. Phone: 1 800 805-5489. http://www.photosourcefolio.com/bookstoreone.htm#1861082525 .

TAX TACTICS

As a result of a 2001 revamping of the Internal Revenue Code, there are six federal income tax brackets for 2003 – 10, 15, 27, 30, 35 and 38.6 percent. The brackets are indexed, that is, they are automatically adjusted each year to reflect inflation, as measured by changes in the Consumer Price Index.

What indexing is supposed to accomplish is to provide relief from bracket creep, which enriches Uncle Sam at the expense of individuals who get pushed into higher brackets, even though their incomes merely stay even with inflation, and whose actual, after-tax incomes are, therefore, eroded.

The bottom bracket of 10 percent applies to taxable income of up to $6,000 for singles and $12,000 for married couples filing jointly. Taxable income means what is left after wages and other kinds of reportable income are offset by "above-the-line" deductions like contributions to traditional IRAs or alimony payments, plus "below-the-line" deductions like dependency exemptions, and either the standard deduction or itemized deductions.

The next three brackets are: 15 percent (income between $6,000 and $28,400 for singles and between $12,000 and $47,450 for joint filers; 27 percent (income between $28,400 and $68,800 for singles and $47,450 and $114,650 for joint filers); and 30 percent (between $68,800 and $143,500 for singles and $114,650 and $174,700 for joint filers).

The 35-percent bracket kicks in only when income surpasses $143,500 for singles and $174,700 for joint filers. Finally, there is the 38.6 percent bracket on incomes above $311,950 for singles and joint filers.

HOW TO FIGURE YOUR TOP BRACKET. Let's look at joint filers Kevin and Karen Boyle. They declare a gross income of $70,000 (have no long-term capital gains), and then offset that amount by $20,000 through personal exemptions and itemized deductions. Their taxable income of $50,000 places them in a top federal tax bracket of 27 percent.

Contrary to what many persons mistakenly believe, their being in the 27-percent bracket does not mean that the IRS grabs 27 cents of every dollar of income the Boyles declare. Just the dollars that fall in the 27-percent bracket are taxed at that rate. The part of their income that falls into the 10- and 15-percent brackets -- the first $47,450 -- is taxed at 10 percent on the first $12,000 and 15 percent on income between $12,000 and $47,450.

The couple's taxable income can go as high as $114,650 before the Boyles are nudged into the next bracket, where each added dollar of income is dunned at a 30-percent rate. To ease themselves into the 15-percent bracket, their taxable income must drop below $47,450.

But when the Boyles are liable for both federal and local taxes, they have more numbers to crunch, as their combined top bracket is not the sum of their federal, state and city brackets. Rather, it is their top federal bracket, plus the state and city brackets, minus the federal tax savings that become available because they can claim the local taxes as itemized deductions on Schedule A of Form 1040.

Let's say the Boyles are in a 6-percent bracket for state taxes. To determine their top tax bracket, they multiply their 27-percent federal bracket by their state rate and subtract the result (about 2 percent) from their state rate. Then they add the result (about 4 percent) to their federally imposed rate to arrive at a combined rate of about 31 percent.

Julian Block, a former IRS agent and a tax attorney, is the author of "The Stock Photographer's Tax Guide." For details on how to purchase this important 32-page publication: <http://www.photosource.com/taxtips.php>

SIDEBAR

Digital Cameras Take the Lead

Will sales of digital cameras surpass film cameras soon? According to InfoTrends Research Group, digital camera sales in North America are expected to win the battle sometime this year.

And what's a new digital camera going to cost? It depends on your area of interest: social issues, sports, nature, etc.

One advantage to editorial stock photographers is that many of your pictures are going to be used 1/4 page or smaller which means you could get by with $800+ (4 to 5 Megapixels). Of course if you expect to publish covers, your camera will cost $1500+ (6 and up Megapixels). If you plan to use it for commercial work, then expect to pay $8,000 and more (lens, back, etc.)

If you can get by with an advanced point and shoot type model (Olympus C5050 for instance), the dent in your checkbook will not be as big as if you needed the Canon 10D, 1Ds, Fuji S2, or Nikon 1DX.

As always with equipment purchases, make sure the camera you are interested in fits you, your hands and your way of working. It doesn't matter how many bells and whistles a camera has if you can't easily reach and use the controls.

Keep up with the times by learning what photobuyers expect from you in the way of digital submissions. Our 2003 Photobuyer Survey will help. www.photosource.com/101/survey2003.php . http://www.photosource.com/101/survey2003.php

TRAVEL NOTES

Vintage Memories - Now!

I recently had a travel writer colleague ask me about some 35mm slides she found after her mother passed away. They were taken in Italy and France in the 1970s so she thought it best to trash them. I was amazed and told her not to trash them but to look through them carefully as some of them could well be saleable images with a little help from Photoshop. They would have a 'vintage' or 'nostalgia' tag maybe, but they could be money-spinners as well, precisely because of this.

A week later I checked my www.alamy.com account and to my great satisfaction

I had sold a picture I took in 1965 (thirty-eight years ago) of a gondolier in Venice. This was one of a number of photos I had found in a box that I have managed to hold onto through the ups and downs of life since. On a dull winter's day I had selected and scanned some of the best, taken when I had no idea of ever selling them, and virtually before computers were available. Now I have made a $420 sale of just one image, not bad for sorting through an old box of forgotten slides.

So if you are not traveling for any reason, have a look through what you shot, or your parents or grandparent’s shot, many years ago. Use your knowledge of what makes a picture saleable and select those that might just be. After scanning, just clean them up and reconstitute the colors to what might have been there at the time of taking, or if in B&W, make the contrast work for today.

When burnt to CD these old pictures might well be money-spinners for you, not a fortune, but better than sitting in a cupboard doing nothing.

Happy Shooting!

Photographers have for decades attempted to establish that a professionally created and professionally edited image has a value of at least $1,500. This so-called benchmark is commonly used throughout the industry in discussing valuation.

However, it is also routinely challenged as too high by whomever is accused of losing or damaging images. In addition, the courts have refused to accept an across the board value for every photograph. They have, instead, required the photographer to "prove" the valuation of each image based upon various factors, including but not limited to the uniqueness of the image, the track record of the photographer, earnings history, and potential markets.

A recent New York Supreme Court case takes us to the other extreme and brings the discussion full circle. The case, DuBose v. Warner Brothers' Records, Inc. involved the acknowledged loss by Warner Brothers' Records of a strip of four negatives of the musical group, the B-52's which had been taken by George DuBose.

One of the lost images had been selected by Warner Brothers' to be the cover of the album in question, as well as for promotion, publicity and multi-media uses. The defendant had paid a license fee of $3,500 for these uses, as well as $2,000 for use in laser and video packaging.

When faced with the photographer's claim that each of the lost images was valued at $100,000, the defendant tried to have the case moved to a lower court on procedural grounds because it claimed the preverbal valuation figure of $1,500 was an established custom in the magazine business and therefore a "cap" or maximum valuation for any image!

The Court had no difficulty in rejecting this argument as contrary to all case law, and in effect, absurd.

The Court traced the history of judicial photographic valuation cases, going into some detail to describe why the facts surrounding each of the listed cases justified the ultimate valuation given. Industry custom, held the Court, is just one of the factors to be considered.

In DuBose, the Court determined that there was an ample evidence showing that the lost negatives were unique. This included the impossibility of re-shooting (they were shot over 20 years ago and one member of the band is deceased), and that the license fees of $5,500 paid for  limited use in and of itself exceeded the $1,500 figure.

The case is to be scheduled for a trial on damages, if not sooner settled.

To draw an analogy to the phrase "beauty is in the eyes of the beholder," the $1,500 figure is or is not an industry standard, depending upon which side of the fence one sits on in any given situation!

BUSINESS NOTEPAD

PHOTOS DON'T LIE. Yes, they do; well, nowadays anyway. Especially if you're a Hollywood star or a well-paid model. Magazine covers, not inside editorial content, sell magazines. Magazine circulation directors have long known this, as far back as the airbrush days. Today, of course, the results of digital imagery delight the publicists of Madison Avenue, and Hollywood clients who are cosmetically challenged. Legs and hips can be made thinner, baby blue eyes made bluer, and of course, frown lines, and bags under the eyes, made to disappear. But digital altering makes airbrushing look like child's play. A recent couple examples: On Redbook's July cover, Julia Roberts' head comes from a paparazzi shot taken at the 2002 People's Choice awards. Her body, meanwhile, is from a photo at the Notting Hill movie premiere four years ago. Seventeen's May issue featured Sarah Michelle Gellar, who granted the magazine an interview but not a photo shoot. So the magazine purchased a photo from a stock photo agency, retouched it and changed Gellar's shirt color from black to purple. -RE

THE BOSTON GLOBE has become the touchstone for disgruntled freelance Photographers, writers and illustrators who feel their copyrights are being challenged unfairly and in some cases even grabbed away from them by national and international newspaper conglomerates. Individual freelancers have been joined by a number of Globe staff photographers who have grievances of their own, and together they have staged picketing rallies, passed out leaflets, and let the press and public know of their plight. But, it's not going well. Attorneys representing freelancers in the civil action against the Boston Globe contract, filed another brief this summer. The Boston Globe will respond with an opposition brief. The court will then set a hearing date. The case is on appeal, with the Boston Globe having won the first round. -RE

DIRECT MAIL, is it an antique? Not according to Alamy.com, the British-based stock photo agency. It used slender catalogs to grab a 1- percent market share in the past year from industry giants Getty Images and Corbis. At last count, the 2 1/2-year-old company had 40,000 corporate and 8,000 individual customers from around the world. It publishes a small "magalouge" that art directors have a tendency to keep within arm's reach. The first edition (Spring 2002) generated a 25 percent response. -RE

NATURE NOTES

Signs, Signs, Everywhere a Sign…….

As we drive down the highway, we see sign after sign; billboard after billboard selling everything from lottery tickets to health insurance; traffic signs telling us about dips in the road or construction areas. Many of these are easy to read, but others are faded to the point where they can't be read. Some signs have so much information that we’ve driven past them before we can read the smaller print. Hey, we are in the age of communication; signs are a part of our life. But wouldn't it be great if there were signs telling us Nature Photographers where to find the best locations for wildlife or landscape shots?

As you drive down that highway you may very well see a billboard saying where to find that great landscape picture. The side of a barn may advertise a nearby beautiful spot. And don't forget to photograph those barns that have become billboards. There is a strong market for painted "Americana Bill-barns." Another point, don’t just travel to the posted tourist areas. Talk to other photographers. They may know of great spots that are a little off the beaten trail.

But what about the animals? Certainly they don't post signs. Or do they? More than anything, it's local wildlife I like to photograph. I have studied the signs that animals leave and have found this to be a great help in my photography.

Take, for example, the raccoon. These striped-tail bandits leave tracks everywhere they go. Easy to spot, the front hand has five fingers and looks somewhat like a thin human hand with sharp nails. The back footprints are larger and longer, with a thin heel. You will find raccoon tracks in the mud around rivers, ponds and lakes, or even on your car hood or park trash cans. The fresher the print, of course the greater the possibility you will see a raccoon nearby. In the track, the mud will have high points pushed up by the foot. This mud will dry out faster than the lower areas. The drier the mud, the longer the time since the track was made. A wet track is a fresh track, and means a better chance to get a raccoon picture.

A messy "plate" is another sign raccoons have been around. Raccoons will wade out in the shallow water of a river and turn over flat rocks. They are looking for crayfish (also know as crawdads), which they crack open and eat, afterward depositing the shells on the bank. If a raccoon finds a good area to fish, they will return again and again. Another spot to set up your photo blind.

Remember that raccoons are nocturnal and feed at night. A short time after sunset the raccoons will scout out the same areas they did the night before. Great photographic opportunities can be made with a little scouting of your own. Use long lenses and keep your distance. These cute little bandits do bite and are known to carry diseases such as rabies. Take care and look for the signs. They are everywhere.

Scott Alan Johnson is an award winning nature photographer and three-time Emmy nominated journalist for Fox Television News in Cleveland, Ohio. Some of his photographs can be seen at the "fstopnature.com" photography web site.

KRACKER BARREL

How Do I Declare My Stock Photo Inventory?

A reader inquired:

Q. I’m told that if you have inventory in your business you have to use the accrual method. How do you value your stock inventory? By what you hope to make by selling each photo? By how much it cost you to get the photo? I’d appreciate any input you can give. Thanks.

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

A. We checked with our tax columnist, Julian Block. He advises that as a stock photographer, since you are not manufacturing anything, declaring inventory is not necessary in your stock photo business. You are "renting" your photos, not physically selling them. You deduct expenses on the production of your stock file as you spend the money (cash basis). This includes the usual expenses such as film, postage, cameras, computer-related costs, a percentage of your business meals, location costs, models, lodging, telephone, travel, and so forth.

It's not necessary to work on an accrual basis. Most stock photographers work on a cash basis, unless for some reason they prefer an accrual basis. If you plan to switch to an accrual basis, you'll have to contact the IRS to get permission to change to that way of recording profit and loss in your business operations. -RE

CONTESTS

FEED THE BODY, FEED THE SOUL ART COMPETION. Theme: Gifts from the Earth. Deadline: August 16, 2003. Cash awards: $3,500. Contact with SASE: FBFS, Fitton Center, 101 S Monument Ave, Hamilton OH 45011. Phone: 1 513 863-8873. Web: http://www.fittoncenter.org.

9^TH ANNUAL NATIONAL JURIED PHOTO COMPEITION. Deadline: September 2, 2003. Cash awards: Best of Show $300; First Place $150; Second place $75, Third place $50; Honorable Mention $25. Fee: $25/up to three entries. Contact with SASE: Texas Artists Museum, 3501 Cultural Center Dr, Port Arthur, TX 77642. Web: http://www.art-tams.com.

WORKSHOPS

THE ART OF NATURE PHOTOGRAPHY, with Brenda Tharp. October 5 – 11, 2003. Participants will study advanced composition, color, gesture, and visual design concepts and learn how they help to create more dynamic photographs. Tuition: $795. Lab Fee: $95. Contact: The Maine Photographic Workshops, P.O. Box 200, 2 Central St, Rockport, ME 04856. Phone: 1 877 577-7700. E-mail: info@theworkshops.com . Web: http://www.theworkshops.com .

TRIBES AND TEMPLES OF SOUTH INDIA. November 3 – 23, 2003. See magnificent temples and lovely landscapes, cruise the backwaters of Kerala, and meet the tribal peoples of Orissa as you explore South India. Tour starts in Calcutta. Cost: $4,895 from Los Angeles. 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 .

LOVE NOTES

- Francelle Carapetyan, Image Research, Francestown, NH

- Jim West, Photographer, Detroit, MI

- Brett R. Henry, Photographer, Burbank, CA

"I have found this book extremely valuable in getting my stock photography business started. It has answered many of my questions."

- Steven J. Reich, Photographer, Columbia, IL

Corbis Points the Finger at Infringers

Corbis, the mammoth stock photo agency in Seattle, has decided 2003 is the year it will go after infringers. It has settled 28 cases so far and plans to file lawsuits against 20 more. Although the legal costs to pursue the cases are often more than the resulting awards, Corbis is on a roll to remind the public that it isn't a good practice to download a picture on the Internet and use it for material gain.

This is a benefit to freelance stock photographers who have little time and few dollars to pursue a Web surfer who has not respected the Copyright Law and has violated their intellectual property rights. Corbis is doing the job for them.

PHOTO FINDER

Corbis has a special way of finding out who the infringers are. Naturally, they won't take the time to go after a Boy Scout newsletter or a fraternity poster, but they will let their web crawler discover unauthorized use by commercial entities. Especially those with deep pockets. Corbis has developed a special detection software that allows it to embed an imperceptible digital code in photos and other media. It has leased this software to Digimarc, the Portland image-detection software company. Corbis in turn, uses Digimarc's knowledge and services to find infringers.

Our Copyright Law works to the copyright owner's advantage in that the photographer can obtain lawyer's fees as well as statutory damages if infringement is proved. The owner of the copyright doesn't have to prove harm, just evidence that the photo was used illegally. Corbis photographers who submit their photos to Corbis (unlike Getty Images, their competitor) have an advantage in that Corbis photographers all retain their copyright. Corbis registers its photographers with the U.S. Copyright Office.

It will be interesting to see if Corbis photographers receive any of the dollars awarded to Corbis after a court case. Historically, stock agencies of the past century were known to retain all copyright infringement awards, noting that the court costs often exceeded the awards. In a case earlier this year, defendant Movie Market, paid $1 million to Corbis for selling celebrity photos for which Corbis holds the rights. Amazon.com recently got hit by Corbis in such a suit and paid big-time. In such big-dollar awards relating to today's Internet dealings, maybe Corbis and other stock agencies are discovering a surprise profit center. -RE

Now it's official. The US of A has a national Do-Not-Call list. Put your number on the list, and telemarketers won't call you. Well, that's what they say, anyhow. The FTC took the lead in creating the list, but the FCC joined in so the list would also cover faxes and calls made within a state. It will be administered by AT&T (fox in the hen house?). The cost will be borne by telemarketers, who will by law be required to check the list every three months. The cost to a telemarketer of an annual subscription to receive the Do-Not-Call list is about $7,000 per year.

To sign up to put your number on the list call 888-382-1222 (from the number you want to block), or visit the website at www.donotcall.gov. Registration lasts for five years, until a number is disconnected, or until the consumer takes it off the registry. The list goes into effect on 11/1/03. Numbers added before 8/31/03 will become effective on 11/1/03; numbers added after 8/31/03 will become effective three months later. Due to pent-up demand, the website was overloaded on its first day of operation, and the phone lines were jammed. Penalties for calling anyone on that list can be as high as $11,000 per call. To file a complaint, get the company's name and phone number, and use the list's toll-free number or the website to file your complaint. But like "complete caller ID blocking," the list is not complete from a consumer's standpoint. Politicians, survey-taking groups and non-profit groups will still be allowed to call anyone without penalty (unless you've previously specifically requested the calling organization to remove your name), even if you're on the national Do-Not-Call list. And those companies with existing business relationships can continue to call up to 18 months after the program takes effect. Wonder how long until telemarketers redefine themselves as survey-taking organizations ("We're taking a survey. Are you on the national Do-Not-Call list?"). A couple of numbers: Number of daily telemarketing calls made-104 million. Estimated number of numbers that will be on the list-over 60 million. One final thing: The Direct Marketing Association is pursuing their legal challenge to the list on free speech grounds.

If you like gadgets (laptop, cell phone, PDA, etc.) and do a lot, or a little, traveling, you know how awkward it can be to carry all those separate chargers and cradles and cords (Oh, my!). Here are two solutions. One is a charger that accepts multiple inputs (wall outlet, airplane charger connection, vehicle charger connection) and has charging cable configurations for connection to your portable electronic devices. The AC cords are provided, but you will need to purchase the non-laptop charging cords separately, depending on the device(s) you need to charge. There are two versions, each with a selection of laptop charging cords and tips, so what you need for your laptop will likely be in one of the bundles. It's called the Igo Juice (www.igo.com). It can charge multiple devices at the same time. The other is a cable or cables that allow you to charge the cell phone, PDA, etc., by using the USB port on your laptop. This means you still carry your laptop charger, and the charging rate will be much longer than with the Igo Juice, but may be better suited to some travelers. Check out the cables and other product offerings at www.gomadic.com.

SHOOTERS

The LA Times published three Wisconsin images ("Fish Boil," Door County) by Arizona photographer Don Tibbits , dast@dastcom.com

"E" for Excellent

Your Key To Sales…

Most editorial photographers approach their stock photography with a mission. They have a point of view or a story to tell.

They want to change people’s minds or open new insights about the environment, preservation, animals, religion, politics, alcoholism, civil rights, schools, and so on. In a sense, they want to educate the public.

But educating the public to your way of thinking is a lost cause if you approach your mission solely with logic. As the saying goes, "Don’t clutter this argument with the facts." Plain logic very often does not win arguments. Psychologists tell us that how you say something (your body language, tone of voice, and your facial expressions) are much more convincing than what you say (the words). Here are three important "E's."

EVOKE A MOOD

How does this apply to your stock photography?

As a stock photographer, you don’t "take" pictures, you "make" pictures. In order to be convincing, your images must go beyond the visual representation of what you are depicting. In order to reach and to appeal to the widest possible audience, your pictures must evoke a mood.

A portrait of a cat, yes, evokes a mood, but a picture of a cat with a sore paw being attended to by a young teenager evokes a much stronger mood; i.e. conveys emotion.

They say the Super Bowl enjoys a TV viewing audience of 215 million. The Academy Awards presentation attracts an amazing ten times that amount, 2 billion. The funerals of Mother Teresa and Princess Diana drew even more.

And why is this information important to you? It reminds you that your photos not only have to be of top photographic quality, but must have emotion or entertaining value to appeal to viewers.

Your viewers are not only interested in what information you can impart, but how you make them feel. Photo editors recognize this and will always choose a photo that allows readers to "read into a photo" over one that simply documents a landscape, a dramatic event, or disaster. Emotion, then, is an important element in each of your stock photos.

ENTERTAIN

The world loves an entertainer, be it a sports figure, singer, movie star, author, or daredevil. As a creative stock photographer, you have the opportunity to weave an entertainment value into your pictures. There are plenty of ways to entertain your viewers through the use of color, humor, style, innuendo, and graphics.

I once talked with Richard Steedman, who was founder and director of one of New York’s largest stock photo agencies, THE STOCK MARKET. When we discussed the "Information Age" we live in, he said, "No, it’s not the Information Age, it’s the 'Entertainment Age.'" What he meant by that, I think, is that we all value entertainment; it has a high priority in our lives; and today’s world has more sophisticated sources of entertainment available to broader numbers of people than ever before.

Entertainment is an escape from the woes of the world or from the doldrums. An antidote. If your stock photography is entertaining, it increases its effectiveness and eventually its market value.

EXCELLENCE

The final "E" is Excellence. Without excellent technical quality, composition, and design, your stock photos will be shut out from sales. Study photos that appeal to you in your area(s) of specialization. Figure out how the photographer achieved his/her excellent results.

Use top-quality optics to evoke mood and entertain, and you’ll produce winning stock photography.

    ADS WE’VE READ

COPYRIGHT STAMPER. Made with your custom wording. Ink dries in 15 seconds. Contact: Rubber Stamp & Seal, Inc. P.O. Box 2258, Wichita, KS 67201. Phone: 1 800 227-0329. Web: http://www.superiorrubberstamp.com .

In October, your PhotoAIM will be delivered weekly in a choice of three formats: HTML, PDF, and regular text. As we move through the summer months we'll keep you posted on progress.

FREE

FREE advice on plumbing. Got a question about a plumbing problem around the house? Here's where you can get free advice from Terry Love and other respondents.

http://www.terrylove.com/wwwboard/

FREE Pro Football Decal. Support your favorite football team with a colorful decal you can display most anywhere. Visit this site to see what else they have to offer and register for a free NFL decal. http://www.nflwatch.com/friend.htm

FEATURED PHOTOGRAPHERS:

Ron Kness

Mark Dixon

Bonnie Sue Rauch

Andrew Clarke

www.photosourcefolio.com

VAULT:

ID: photosource
PASSWORD: scrap