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PhotoRESEARCHER |
PhotoRESEARCHER
Newsletter for October## 433 |
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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 | Welcome to PhotoRESEARCHER Newsletter, a free monthly newsletter from PhotoSource International. <http://www.photosource.com> To sign up for our free photoRESEARCHER Newsletter, visit us online
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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; Want to read more of this article? Go to: http://www.photosource.com/researcher/gen730.html
“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. NOT FOR THE LAZY Want to read more of this article? Go to: http://www.photosource.com/researcher/gen675.html
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. 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 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 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/ ALTERNATIVE METHODS Artists use alternative methods to breathe life into
photography 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 TIPS AND TRICKS Kingston Icon of Photography Barbara Bordnick Shares
Techniques Used to Produce Stunning Portraits - World-class portrait and
fashion photographer 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 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.
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 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 PHOTOSHOP LIGHTROOM Adobe ships PHOTOSHOP LIGHTROOM beta 4 |
![]() If You Can
Talk 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
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TRAVELERS ABROAD
Joan R. Saks Berman Lee Snider Aug 17 - Sept 30 China Sergio Burani Josh Morrow Clemens Kalischer Judy Taylor
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