PhotoRESEARCHER
PhotoRESEARCHER Newsletter
for October## 433

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 | Copyright Act | Infringing work | Arab World | Speakers | Grant Funds | Travelers Abroad | New Breed | Stock Photographers |

NEWSWORDS: | Legitimate Photographers | Beach Photography | Photography Experts |
Alternative Methods | World of Photography | PHotographer’s Choice | Tips and Tricks |
Image Workflow | Panoramic Photography | Life Photographer | Sketching Out Different
Ideas | Successful Sports Photography | Aperture | Photoshop Lightroom

Welcome to PhotoRESEARCHER Newsletter, a free monthly newsletter from PhotoSource International. <http://www.photosource.com>

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Reprint of Photo in Book Review Considered Fair Use
b y Joel Hecker, Esq.


An interesting issue concerning the Fair Use doctrine recently arose in connection with the reprinting of a photograph which appeared in a book, as part of a book review in a local newspaper.
Photographer Christopher Harris, the creator of a photographic portrait of Walter Percy, granted permission to have his photograph reprinted in the book, “The Life you save may be your Own: An American Pilgrimage,”by author Paul Elie. The San Jose Mercury News, a San Jose newspaper, published a review of this book in April 2003. As part of the review, the paper used four photographs from the book, including the one by Harris.

INFRINGMENT?
Harris commenced litigation for copyright infringement. The primary defense raised by the newspaper, was of course, that such use was a “fair use” under the Copyright Act since the photo was reproduced for the purpose of criticism or comment in connection with a legitimate newsworthy event, the review of a book.
The jury concluded after a trial, that the newspaper had prevailed, by a preponderance of the evidence, in the analysis of the four factors considered as part of the “fair use” defense. These factors are the purpose and character of the use (and in particular whether there is any transformative nature of the “infringing” work), the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use upon the market for or value of the original. In effect, this use in connection with a legitimate book review of a legitimate book was determined to be a fair use of the image and therefore did not constitute copyright infringement.

Want to read more of this article? Go to: http://www.photosource.com/researcher/legal138.html


CHANGES

Each month we report to you moves among, within and between: publishing houses, stock agencies, photobuyers, photo researchers, ad agencies, and design firms.


MEN’S JOURNAL (1290 Ave of the Americas, New York, NY 10104) former phone: 1 505 995-0385; current phone: 1 505 557-9607.
ADVANCED GRAPHICS (447 E Channel Rd, Benicia, CA 94510-1137) former contact and e-mail: Leslie Lawlor, Photo Editor, Product Development, leslie@advancedgraphics.com ; current contact and e-mail: Steve Hoagland, Photo Editor, steve_hoagland@advancedgraphics.com .
WEST PUBLISHING COMPANY (610 Opperman, St. Paul, MN 55123) former contact: Deanna Quinn; current contact: Jennifer Anderson.
PUBLICATIONS INTERNATIONAL LTD. (7373 N Cicero Ave, Lincolnwood, IL 60712) former contact: Marie Christenson; current contact, phone and e-mail: Doug Brooks, Associate Acquisitions Editor, 1 847 583-4541, dbrooks@pubint.com .
GQ PHOTO (4 Times Square 9th Fl, New York, NY 10036) former contact: Monica Bradley; current contact, phone and e-mail: Jolanta Bielat, Associate Photo Editor, 1 212 286-6691, jolanta_bielat@gq.com .
HARCOURT SCHOOL PUBLISHERS (6277 Sea Harbor Dr 4th Fl, Orlando, FL 32757) former contact and phone: Nancy Tobin, Researcher, 1 407 345-3567; current contact and phone: April Guidry, Manager Photo Research Dept, 1 407 345-3566.
NATIONAL PARKS MAGAZINE (1300 19th St #300 NW, Washington, DC 20036) former contact, phone, fax and e-mail: Jenell Talley, Publications Coordinator, 1 800 628-7275, 1 202 659-0650, jtalley@npca.org; current contact, phone, fax and e-mail: Amy Leinbach-Marquis, Photo Editor, 1 202 454-3326, 1 202 861-5497, amarquis@npca.org .
PUBLICATIONS INTERNATIONAL (7373 N. Cicero Ave, Lincolnwood, IL 60712) former contact: Marie Christenson; current contact and e-mail: Doug Brooks, Dept Head, doug.brooks@pubint.com .
PUBLICATIONS INTERNATIONAL, LTD (7373 N. Cicero Ave, Lincolnwood, IL 60712) former contact, phone and e-mail: Vicki Smith, Senior Acquisitions Editor, 1 847 583-4542, vsmith@pubint.com; current contact, phone and e-mail: Doug Brooks, Acquisitions & Visual Resources, 1 847 583-4541, dbrooks@pubint.com .



AN AMERICAN PHOTOGRAPHER MAKES A PLEA

I am an American photographer living in Italy and have never lived in an Arab country. Yet, I am also an Arab. I carry it around with me every day with my surname... Abouzeid.

As Americans, we have been anesthetized by media photos of angry terrorists and fanatics such that there's real danger of no longer seeing the Arab world as human beings. We read about the Hezbollah, Al Qaeda and Mujahideen, and believe that every Arab supports these philosophies. Some have even convinced themselves that the Koran drives Muslims to kill.

A HUMAN FACE

I want to put a human face on the Arab World. I want to communicate to all societies real insight into how Arabs live. Help me.

Today, I have established http://www.arab-face.com as a new step of my ongoing project "My enemy, my brother". The goal is simple:

I want to build an archive of photos that photo researchers can tap into. It will show Arab life as it truly is, not as the media many times distorts it.

- daily life;
- family life;
- modern society;
- religious traditions;
- work and play;
- successes and failures;
- weddings and funerals (not war related);
- fashion and nightlife; and
- all aspects of life.

Want to read more of this article? Go to: http://www.photosource.com/researcher/gen730.html




 



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This week's featured photographer on PhotoSourceFolio:
Maria Koropecky (http://folio.photosource.com/2672)
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Give Your Freelance Business A Jump Start…
The Do-It-Yourself Grant


Artists, songwriters, poets, photographers, any independent businesspersons, are able to apply for various grants available for creative entrepreneurs. These grants, of $1,000, $5,000, even $10,000, are usually available through non-profit foundations and the government. The person artist utilizes the grant funds to further their career.
If you have faith in your talent and your business sense, you’ve probably considered applying for a grant to get you started, or to expand your career.

DO IT YOURSELF

“Why spend all that time filling out papers, when the law of probability says you no doubt won’t win the grant? There are too many applicants,” said my friend, when I asked him how he got his start in stock photography.
I’ll refer to him as Keith.
“I knew I had talent,” said Keith. “I compared my own work with the images that are being published. That’s the real test. So, I gave myself my own grant.”
“How so?"
Keith smiled, “I said to my wife, ‘Look honey, -it says on this envelope that they’ll advance me $5,000. And it’ll take 5 minutes to fill out.’ It was one of those offers you get from a financial institution every five minutes if you have good credit.
“My wife grimaced,” Keith said.
“This was one of those situations where it really was ‘too good to be true.’ I put the elements together: I had good credit; my credit reports said I was in the 650’s, which is excellent. I’m business-minded. I know how to budget. I have the courage of my convictions. I’m talented.
“My wife, said, 'O.K. – Go for it.' My accountant said the same.
"It took more than five minutes, maybe ten, to contact the company representative. In one week I had a credit line of $5,000 and a credit card with low interest that I could use to make all my purchases for my burgeoning stock photography business."

NOT FOR THE LAZY

Want to read more of this article? Go to: http://www.photosource.com/researcher/gen675.html

 


“Blowin’ in the Wind…”
The New Breed of Stock Photographers: Digital
A dictionary description of “photographer” could be something like this:
“A photographer is a professional who earns ¾ of his or her living from photography, is listed in the yellow pages or the equivalent, and operates out of his/her professional studio or home office.”
At least that’s how we used to describe them.
By the year 2010 (only a few years away), it will become evident that a stock photographer is anyone with a top-of-the-line digital camera, some talent, a sensitive eye, and technically capable of producing and delivering a high-resolution image suitable for publication.
Most of these stock photographers will be self-taught, have no degree in journalism or photography, and own a minimum of equipment. And, yes, won’t know how to spell emulsion, transparency, Velvia or Provia.
It’s inevitable. We saw it happen in the last century when art materials became inexpensive for any consumer. Watercolor pads, oils, canvas, brushes –all became accessible to just about everyone. And, everyone, it seemed, began exhibiting their artistic talent. Original art burgeoned and became accessible to consumers. It was good. And it sold.
Have you noticed the same is happening in this century with photos? The sale of iStock to Getty Images for $15 million should be proof enough that persons who have no previous experience in stock photography can enter this field in the click of a shuitter.
If someone has a good eye for design, composition and color –why not?
Welcome to the new breed of stock photographers.

THE TRANSITION

To flourish in the field of editorial stock photography, no longer will it be necessary in the year 2010 to acquire a brick-and-mortar location, or to advertise in a trade magazine, or send direct mail promotions to a client list.
Varying degrees of talent and capability, as in any profession, will surface –that’s for sure. For the photo editor, as long as the supplier can deliver that on-target picture, capable of professional reproduction, the buyer will care little about the track record of the photographer. There! I called him a photographer, even though the photo might be the first image that came out of his digital camera.
Where does this new breed of stock photographer fit in?

Want to read more of this article? Go to: http://www.photosource.com/researcher/gen738.html

Watch for developments in the field of stock photography in PhotoResearcher's
PHOTOGRAPHY IN THE NEWS
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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.

LEGITIMATE PHOTOGRAPHERS The Secret Side of Stock Photography - Though most of the users on stock photography sites are legitimate photographers looking to make some extra
money, a reader of this site recently discovered one on iStockphoto who was
not. http://www.plagiarismtoday.com/?p=337

BEACH PHOTOGRAPHY Council takes steps to keep beach photography alive - Current franchise operators expressed concerns about the difficulty of the beach photography, including increased operating costs and the struggle to compete with vacationers and their digital cameras. http://www.delmarvanow.com/apps/pbcs.dll/
article?AID=/20060924/NEWS01/609240324/1002


PHOTOGRAPHY EXPERTS Mypublish launches photographer’s showcase featuring photobooks by photography experts
http://biz.yahoo.com/prnews/060925/nym175.html?.v=58er

ALTERNATIVE METHODS Artists use alternative methods to breathe life into photography
http://www.mysanantonio.com/entertainment
/stories/MYSA092406.1P.photo.1ac977b.html


WORLD OF PHOTOGRAPHY Consumers and professional photographers hungry for the latest news and innovations in the fast-changing world of photography...
http://news.yahoo.com/s/prweb/20060925/bs_prweb/prweb441515_1

PHOTOGRAPHER’S CHOICE Media Bakery Adds Photographer’s Choice and Retrofile Brands to It’s Collection - The Media BakeryT collection provides royalty free content and
media licensing services to businesses around the globe. Combining unique
internet technologies with one of the world’s largest royalty free publisher
resources. http://www.creativepro.com/story/news/24719.html

TIPS AND TRICKS Kingston Icon of Photography Barbara Bordnick Shares Techniques Used to Produce Stunning Portraits - World-class portrait and fashion photographer
Barbara Bordnick will provide a new series of tips and tricks to be posted
on Kingston’s Icons of Photography Website today.
http://www.creativepro.com/story/news/24715.html

IMAGE WORKFLOW Tips for Managing Web Color in Photoshop -Do your images shift colors once you save for the Web and view in a browser? Here’s how to achieve a “no surprises” Photoshop-to-Web-image workflow. http://www.creativepro.com/story/howto/24697.html

PANORAMIC PHOTOGRAPHY Seitz D3 Scan Back - 300 MB Per Second - The Digital Revolution in Panoramic Photography - The new technology allows to create livelydigital images
ranging from medium format, 6x17 panoramas to 360degrees panoramas in a very
short time. http://sys-con.com/read/274847.htm

LIFE PHOTOGRAPHER Former Life Photographer Holmes Dies - “Martha Holmes was a rarity among professional photographers, because everybody liked her,” former Life managing editor Ralph Graves said in a statement.
http://abcnews.go.com/Entertainment/wireStory
?id=2485933&CMP=OTC-RSSFeeds0312

SKETCHING OUT DIFFERENT IDEAS Trade Secrets: ‘Swimmer of the Year’ - Alex Boerner found that sitting down and sketching out different ideas was a good way to work around to a final
decision on which way to go with a particular photo. http://www.sportsshooter.com/news/1648

SUCCESSFUL SPORTS PHOTOGRAPHY Sports photography franchises - Sport is a large and lucrative industry. However, developing a successful sports photography franchise will require a large degree of flexibility. http://www.24-7pressrelease.com/view_press_release.php?rID=18649

APERTURE 1.5 Apple debuts Aperture 1.5 at Photokina
http://www.macnn.com/articles/06/09/25/apple.debuts.aperture.15/

PHOTOSHOP LIGHTROOM Adobe ships PHOTOSHOP LIGHTROOM beta 4
http://www.macnn.com/articles/06/09/25/photoshop.lightroom.beta.4/

 







If You Can Talk
As a freelance photo researcher, you are in a rare occupation. You won’t find a college major field in photo research. And you won’t find a category listing in your local telephone directory.
All of us can use “a little help” now and then. For example, the local historical society, - - do they know that you are a local researcher working with national publications? Or the Chamber of Commerce or the state Bureau of Economic Development?
These organizations can clear the way for administrative chores you might encounter in doing your photo research. Many of them can supply the actual photos if you let them know about you.

Here's a simple way to promote yourself, and it doesn't cost you anything: You probably enjoy talking about what interests you most -- your particular aspects and approaches to research. Put that to effective use in getting yourself exposure and visibility. Become a speaker.
The Internet, and search engines such as Google, have gained the attention of business as well as the public.
How do you get started?
In the local phonebook Yellow Pages that list photographers, you'll find a listing of community service organizations, clubs, and associations (Rotary, Kiwanis, Lions, Elks, etc). Each is always on the look-out for a program speaker. Let the "program chairman" know that you are available. In most cases they'll be happy to book you.
What should you speak about? As a researcher, you have a wealth of fascinating subject material available to you. Your topics will revolve around tales of your successful (and not so successful) research projects, plus aspects that you discern would be of interest and appropriate to your various audiences.
THE "HOW-TO" APPROACH
Basically you can build your "speech" around a How-To subject. Example: "How to research your family history,” or “Researching the early days of our city.” Give your speech title this test: Does my speech apply to my listeners? In other words, "Am I speaking about something that applies directly to them?"

One word of caution. Your listeners want to be entertained -- not educated. They don't want a lecture. If they did, they'd register at the local Adult Education Center. Tailor your speech so that it is "entertaining." You'll get audience response (feedback), and this will aid you in refining your speech. Eventually, program chairpersons will seek you out.

Want to read more of this article? Go to: http://www.photosource.com
/researcher/gen569.html






 


 






TRAVELERS ABROAD


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 Lela Labree (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.

Joan R. Saks Berman
August 16 – September 15, 2006
France

Lee Snider Aug 17 - Sept 30 China

Sergio Burani
August 27, 2006 – September 27, 2006
Northern and Central Italy

Josh Morrow
September 4 – September 10, 2006
Negil, Jamaica

Clemens Kalischer
September 10 - December 17, 2006
Europe

Judy Taylor
September 20 – September 25, 2006
Budapest, Hungary
September 26 – September 30, 2006
Krakow, Poland
October 1 – October 6, 2006
Prague, Czech Republic

 

 







 






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photobuyer/ request.php
>. It’s free. No charge.
Once you use our photo listing service, details of contact info, budget rouge, w/color, any specifics like “requests no phone calls,” etc., will be saved on your personal computer so you don’t have to re-type them when you make a photo need listing the next time.
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PhotoRESEARCHER Newsletter is a free newsletter for photo researchers. It features carefully researched coverage of trends, methods and the latest information that can help you in your photo research. Feel free to forward this issue of the PhotoRESEARCHER Newsletter to fellow photo researcher friends.

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search/prsearch.html
then type in your keyword.

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## PhotoRESEARCHER Newsletter monthly newsletter is produced by PhotoSource International, Rohn Engh, Director, who is solely responsible for its contents.
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ask for Lela LaBree
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