Let the Feds Work For You
Advance Note: The Feds might not realize it – but stock photographers can benefit from government regulations designed to help small business.If you are serious about marketing your stock photography, you are missing out on some fine opportunities if you don't take advantage of the benefits offered to you by, yes, your benevolent government.
COPYRIGHT. The law states that you own the rights to your picture, not the person who "buys" it. This was emphasized by the well-known Tasini court case reversal. Your copyright stays with you, unless you sign something to the contrary at the time of the transaction. Place the copyright symbol on all of your work; it costs you nothing to do this – it's a gift from your government. Only if you register your picture (with the Library of Congress) will it cost a fee (at this writing: $30).
MODEL RELEASES. Have you shackled yourself with the belief that you have to have a 'model release' for recognizable people or buildings in public? Not so, -it's your First Amendment Right not to have to get a model release if your picture is used for informing and educating the public. We live in a free society and the writers of our constitution early recognized that the free exchange of information was a right we should all enjoy. Unless you are a service photographer (industrial, architecture, fashion, advertising, etc.) and your pictures are used for promotion, endorsement, advertising, or other commercial and trade purposes, you won't need a model release. The only exception to this are cases where a picture might be in a sensitive area such as mental health, sex, or used in a compromising, unfair situation which could embarrass someone. Your book or magazine editor will advise you if these exceptions come into play when the picture is considered for publication.
PUBLIC DOMAIN PHOTOS. These photos from government agencies (NASA, Dept. of Agriculture, FSA, etc.) are free. You or your parents paid for them with your tax dollars. Public Domain photos can be used for many purposes: in books, with lectures, researched and sent to photobuyers. (see PhotoStockNotes; Sep. 99)
POSTAL SERVICE. Since correspondence lost or mislaid by a fallible postal worker has a way of being remembered and talked about, let's admit that errors can happen in any industry, and then ask, "What's good about the Post Office?" There are billions of pieces of mail handled yearly, flawlessly. The direct mail industry, despite the popularity of e-mail, has learned that postal delivery of cards and letters is still effective and rewarding. Our postage system is cheaper than that in any other comparable industrialized nation. I've used the postal service in my business for more than 30 years and still recommend it.
Rohn Engh is director of PhotoSource International and publisher of PhotoStockNotes.
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