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PhotoRESEARCHER |
PhotoRESEARCHER Newsletter for August ## 431 |
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FYI Here's a short video to show you how to search and find a very hard-to-locate photo: http://www.photosource.com/video
KEY WORDS: | Fair Use | Poster | Keyphrases | Library Science | Conformity | Rights-Managed Model | Postal Service | Twenty Years Ago | Filing Time | IRS Computers | Permission Required? | Editorial Photography |
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Grateful Dead Book – Appellate Court Upholds Fair Use of Concert Posters
by Joel Hecker, Esq.
In my June 2005 column, I reported on a case in the United
States District Court for the Southern District of New York, Bill Graham
Archives LLC v. Dorling Kindersley Limited, which determined that use
of thumbnail size visual art images of seven concert posters in a 480
page book, "Grateful Dead: The Illustrated Trip," was a fair
use and not an infringement.
That decision has now been affirmed by the United States Second Circuit
Court of Appeals. The Court wrote an in depth analysis of the transformative
aspect of the case, which may be instructive for future situations.
__________________________________________________
The
ultimate test of fair use is whether the copyright law's goal of promoting
the Progress of Science and Useful Arts would be better served by allowing
the allegedly infringing use than by preventing it.
_________________________________________________
As you will recall, defendants sought permission to use
the images in the book to help make it the "definitive Grateful Dead
history." Defendants had the blessing of Grateful Dead Productions
for the project. Plaintiff responded by offering such permission, but
only in exchange for significant additional usage rights to create CDs
and DVDs from other material controlled by Grateful Dead Productions.
That offer was, naturally, refused as was a further offer of a high license
fee.
When the book was published with these thumbnail images, plaintiff claimed
rights from three to seven of the images used. (There was a dispute as
to whether plaintiff controlled the copyright to four of the images.)
NO CONFLICT WITH POSTER SALES
The Circuit Court did its own analysis of the fair use factors and agreed with the District Court that since the book was a biographical work and the use of the thumbnail size images did not supplant the market for the original work, the chronological order of the time line in the book added something new or "transformative" to the purpose or character of the images. Furthermore, this use did not adversely effect the plaintiff's market for the actual posters.
Want to read more
of this article? Go to: http://www.photosource.com/researcher/legal137.html
Photos Are Words
Here at Photosource
International we look at keywords and keyphrases from a perspective different
than most. Subjectively, rather than objectively. The old school way to
identify an image was by a “caption.” The present school is
by a keyword(s). And since the Digital Age is telling us the future is
here, the new school more precisely is by ‘keyphrases.’
Once users of the new search world on the Net realize they can look for
very specific image content the same way they can search out a specific
ethnic restaurant in a distant city, with keyphrases, keywording will
advance to a new level.
Speaking of levels, buyers are getting to know they can please their clients
because they can target their searches down to more specific layers (levels)
than what was accessible by the old library science way of single-word
searching. We’ve all experienced the amazing speed and near-precision
of today’s search engines. And if you don’t find it on Google,
you can try an assortment of other search engines.
And now comes the issue of typing in those keyphrases. Spellchecker software
is fostering a situation where people today pay less attention to spelling
correctly, the same way hand-held calculators made the previous generation
less able to multiply and divide. Both buyers and photographers would
do well in many cases to identify images sought or images available by
using several spelling “variations.” How do you spell Ariondack
Mountains? Or is it Aridondac? Because keywords may be misspelled by both
buyer and seller, here are some suggestions for keyword/keyphrasing:
Rule #1. Use many words and phrases to specify each image, including various
spellings of some key words. You never know how a supplier will spell
them, and you want to be sure to catch the variation that they might enter.
And don’t rely on Google to ask you if you meant “Adirondack.”
You might miss finding that needed photo.
Rule #2 Be subjective. If you are using keywords from a thesaurus, dictionary,
or keywording software, you can be sure that others are doing the same.
The result will be over-use of the same standard keywords. Yes, use keywords
and keyphrases that include standard emotions, identifications, nuances,
but also include highly specific info about a needed image.
Want
to read more of this article? Go to: http://www.photosource.com/researcher/gen708.html
Robert Jay Cranston
| Part I Stock: Stylistic Conformity
As a matter of necessity, photographers must be able to describe their imagery in as few words as possible; this aids the potential client in associating the artist with their works. When someone says, “Product photography,” or, “wedding photographer,” or, “photojournalist,” or even uses fine-art terms like “surrealist,” or “postmodernist,” it gives an editor an expectation of what the imagery looks like. But it’s more efficient if someone describes themselves as a “stock photographer,” because Stock is no longer merely a marketing technique, it’s an aesthetic. Not a good one either. EARLY STOCK Very early on, stock photos were unpublished outtakes from assignments. Not long after that, someone* thought that it would be profitable to generate original photography specifically for stock. Conceptually, it wasn’t a bad idea except for one thing: there’s nothing ‘specific’ about stock. A stock image supplier (that’s a ‘content provider’ in 21st century corporate-speak) doesn’t know who their client is, what kind of image they’re looking for, or how that image will be used. In order to satisfy this unknown and nonspecific image-user, imagery created for their potential use is markedly generic. After twenty years of production of this generic imagery for potential clients with unknown uses, we now have a market glutted with the most boring, generic, banal, derivative and unimaginative imagery possible. Sadly, this sort of imagery has become the benchmark for editors’ assessment of all new imagery. A photographer calling him or herself a “stock photographer” is like a musician saying he specializes in Muzak! Want
to read more of this article? Go to: http://www.photosource.com/researcher/gen728.html
Easy Desktop If you shop on the internet for your U.S. stamps,
mailers, etc., here’s a site that may be helpful. You can
download My Desktop Post Office at www.usps.com/smartbusiness
. It’s an online shortcut that lets you pick and choose the
U.S. Postal Services you use most at usps.com, and access them instantly.
Create Direct Mail, find a ZIP Code, buy stamps, and more.
CHANGES Each month we report to you moves among, within and between: publishing houses, stock agencies, photobuyers, photo researchers, ad agencies, and design firms. CHANTICLEER PRESS. Contact person, Ruth Jeyaveeran, Photo Editor. Former address and e-mail: 665 Broadway Ste 1001, New York, NY 10012, ruth@chanticleer.net; current address and e-mail: 341 W 38th Street, New York, NY 10018, djruj@yahoo.com. Note:
Will you help us keep this photobuyer list up-to-date? When you
encounter a change of personnel or address, let us know and we’ll
include it in this column. For your efforts and as our thanks to
you, we’ll extend your subscription by an extra issue.
From
the Files… Whatever happened to carbon paper? Once a mainstay in the company office, it has disappeared along with the ink well. Soon the telex machine will be retired and the emerging electronic mail via desk-top computers will take over. What parallels loom in the photography/publishing industry? Just around the corner is a big revolution. Film-based pictures will be out and digital pictures in. While it won't happen tomorrow, all signs indicate you'll miss the boat unless you prepare for your cameras and your pictures to become antiques. Film, as we know it today, will be going the way of tin and glass plates. The homework is in process, and the race is on in business and industry. The military, for example, already uses digital video cameras in its spy planes. The resolution (5,000 pixels) doesn't compare to film-based resolution (3 million pixels). But that's the kind of thing they were saying about home computers only a decade ago. The impact promises to be monumental. According to most reports, Americans shoot 11 billion pictures a year and spend some $8 billion on cameras, film, photofinishing, and other film-related process and costs. Photofinishers get the largest chunk: $2.5 billion. Film makers get the next largest share: $2 billion. Both processes will be obsolete when digital pictures take over. Want
to read more of this article? Go to: http://www.photosource.com/researcher/07PG03.html
Filing Time Reminders When
tax time rolls around, most filers receive refunds. Just because
you CAN YOU BE AUDITED Despite
what you may have heard, the risk of an audit does not decrease
by Want
to read more of this article? Go to: http://www.photosource.com/researcher/txtct85.html
Peter Hacker Need the answer to a stock photography
question? At our website >www.photosource.com/board<
you'll find our Bulletin Board, called "The Kracker Barrel."
Check it out. Our staff answers marketing questions; fellow photographers
offer their input and experience. The following is a typical exchange.
A.
Ken, you recalled it correctly: "If the picture is used for
a book or magazine or newspaper and isn't being used for advertising,
then a release is not required." This is thanks to our constitutional
right of Freedom of the Press. Want to read more of this article?
Go to: http://www.photosource.com/researcher/cb84.html
Watch
for developments in the field of stock photography in PhotoResearcher's 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. Minnesota Vikings BAN PHOTOGRAPHING injured players during practice.
The team’s public relations staff have decided they’re
going to try to take control of one of the aspects of the media
they currently find distasteful, specifically: news photography. PHOTOGRAPHER ARRESTED at police standoff. A newspaper photographer,
who police allege crossed police lines after several warnings, was
arrested and charged last week. A photographer for a Norfolk, Va.,
newspaper was arrested Thursday after she took pictures of a standoff
between police and an armed suspect in a bank robbery in nearby
Portsmouth, Va. Police allege that Sonya Hebert, 29, of The Virginian-Pilot,
did not listen to officers who asked her to move away from the scene.
"She had gone into a restricted area and was warned by our
police several times to leave the area and when she did not she
was taken into custody," said Portsmouth police spokeswoman
Ann Hope. Hebert, was charged with two misdemeanors -- obstruction
of justice and passing established police lines. September 16th is deadline for Editor & Publisher’s 2006
PHOTO OF THE YEAR Contest. Digital cameras outsell film cameras 15-1 according to this report. But a spokesman told PA: "There are a lot of professional photographers who buy cameras from duty-free stores so we are primarily catering to them in this case. "There's a hot debate among them over WHICH CAMERA is better and that will continue. As a result there will always be a market for the 35mm but it is an increasingly niche one." http://www.cnn.com/2005/TECH/08/09/britain.photography/index.html StockPhotoFinder signs NewsCom; Launches unique SEARCH TOOL Photoshot Holdings has announced that they have merged with World
Pictures, a british TRAVEL PHOTO library. This transaction comes
right after the purchase and merger earlier this year with NHPA
Limited, one of the world’s leading natural history photo
archives and Stay Still Limited, a leading UK celebrity portraiture
business.
DesignMentor Training Publishes The Interactive Photography Exposure
Wheel - Digital photography: JPEG VS. RAW - The Digital Photography School
weblog Kodak Rewrites The Book On Printing - Its new inkjet technology
could Native photographer documenting Fayette County in pictures - W.
Keith Hot jobs: PHOTOGRAPHER - The average annual salary for a typical
Katrina's surprising photo-artistry - "Water alone didn't
do what happened In Defense of WAR PHOTOGRAPHERS: Part II - The serious charges
and wacky
Next Month:
Copyright’s “Fair Use” |
Better Information
Susan Degginger
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*Display 6 of your own images for photobuyers to view, on your page on the PhotoSource website.
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