I'm Into Stock

When you tell friends (and some clients) you are into "stock," you might wonder why some of them seem confused. Our jumbo Webster's dictionary lists 55 meanings of the word "stock"!
To Wit:

stem; stick; block; the trunk of a tree; a tree stump; anything lacking life, motion, or feeling; one who is lacking in life, motion, feeling; a blockhead; a plant from which cuttings are taken; a rhizome; plants of the mustard family; the first of a line of descent; a supporting block, as for an anvil; the butt or handle of a whip, fishing rod; the frame of a plow; the wooden or metal piece of a rifle; a kind of wrench for holding thread-cutting dies; the crossbar at the upper end of the shank of an anchor; the wooden frame which supports the wheel and post of a spinning wheel; a former instrument of punishment; a frame of timbers supporting a ship during construction; a frame in which an animal is held for shoeing, etc; raw material, as, paper stock; water in which meat, fish, etc has been boiled; a store or supply; the total amount of goods on hand in a store, etc; the portion of a pack of playing cards; a debt represented by a tally or tallies; the capital, or fund of invested money; shares of corporate capital, or the certificates of ownership representing

Want to read more of this article? Go to: http://www.photosource.com/researcher/06.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.

John Hindmarsh
October 1 - October 31, 2006
Australia
October 31 - November 4, 2006
Kuala Lumpur
November 5 - November 30, 2006
Netherlands

Scott Roush
September 23 - September 28, 2006
Boundary Waters
October 31 - November 15, 2006
Mococco

Paul Siviley
November 10 - November 18, 2006
Oman

Sergio Burani
November 25 - December 2, 2006
Dominican Republic

Galen Rowell Collection

Court Dismisses Copyright Infringement Claim for Lack of Registration

The Copyright Act expressly states that a copyright owner may not commence a lawsuit for copyright infringement until the underlying work is registered with the Copyright Office or such registration is refused. A recent decision in the U.S. District Court for the Southern District of New York recently expounded on this subject.
The case, Greene v. Columbia Records/Sony Music Entertainment, Inc., involved allegations of infringement in the music industry, but the rulings apply equally as well to photography.
The plaintiff, James Anthony Greene, who represented himself and did not have an attorney, brought an action for copyright infringement, alleging that the defendant used his original music composition in an album without his authorization and without payment.
After resolution of various procedural issues, Columbia Records moved to dismiss the complaint because the plaintiff had failed to register, or even allege that he had registered, his copyright with the Copyright Office. The Court granted the plaintiff time to amend his complaint to allege the necessary elements of registration, without which the Court does not have jurisdiction to hear the case.
Plaintiff did file an amended complaint but only alleged that he had initiated the process - that he had filed the application and paid the fee. He failed to allege that the Copyright Office had acted on his application. By the time the Court heard the motion to dismiss, more months had passed and plaintiff still had not indicated whether the Copyright Office had taken any action.
The Court did acknowledge that there are other cases which hold that the mere filing of an application is sufficient for the Court to obtain jurisdiction because the Court eventually has such jurisdiction whether the Copyright Office accepts or rejects the application. The Court, however, declined to follow that approach. In discussing the law, it held that since the statutory language requires the Copyright Office to act on an application and not just receive it, the better reading of the statute was to require registration or a refusal to register in order for the Court to maintain jurisdiction to hear the case.
The Court, therefore, dismissed the complaint without prejudice. This means that the plaintiff can sue again once he has gotten, or been refused, a certificate of registration.
What are the lessons of the case? First, carefully check all statutory requirements before suing, and make sure you comply. Second, if the Judge (or anyone else) gives you a roadmap (i.e. he tells you why the original complaint was deficient), make sure you follow it!

Attorney Joel L. Hecker lectures and writes extensively on issues of concern to the photography industry. His office is located at Russo & Burke, 600 Third Ave, New York NY 10016. Phone: 1 212 557-9600. E-mail: HeckerEsq@aol.com.

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This week's featured photographer on PhotoSourceFolio:
Srinivas Halaharvi (http://folio.photosource.com/2821)
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Do Your Photographers Need Model Releases?

Photo columnists, unaware of their First Amendment Rights, have been fanning the fires of this hotly debated question for decades. A wall of mythology has built up around the subject, and I'll make the first move to break it down for you. To give you a simplistic answer: No, they do not need a model release.
You may now get up off the floor and sit back down. I'll ask you to be open to a re-programming process. First, a few questions: Have you ever seen a newspaper photographer ask for a model release? Did the video photographer in the Rodney King case ask the policemen or Mr. King for a model release?
If the photo you are using is informing or educating the public, you do not need a model release.
And this is where the confusion comes in. Here at PhotoSource International we encourage you to follow the trail of the new generation of new media. Its emphasis is the publication trade: magazines, books, and electronic media. About a million dollars a day are spent in this category of stock photography, whose essential use is to INFORM and to EDUCATE. Photobuyers in this arena rarely require a model release, unless the photo is so sensitive that it might compromise a person in some way. Short of highly sensitive areas such as drug abuse, sex education, mental retardation, certain medical subjects, religious issues, you won't find photobuyers asking for a model release.

Want to read more of this article? Go to: http://www.photosource.com/researcher/clmn106.html

For all you couples out there . . .
It Is Up To We

My title might not be grammatically correct but the meaning behind it certainly is. I'd like to address this week's commentary to many of you who are working as a team in your stock photography. I have the license to do this because Jeri and I have been working together 47 years. Almost a half-century!
The title above, of course, comes from that fortifying phrase, 'if it is to be it is up to me'. In those formative years long ago, Jeri and I agreed to work as a team, including marriage. We recognized that the core of our togetherness was our desire not to just make a living, but to make a life.
But what happens when youthful dreams do not sustain you ? People get older.
Or when what you're doing becomes routine, even boring. In our case, we have silently asked ourselves…Are we still on the right track in our desire to 'make a life' together? To engage ourselves in what we love doing? Can we overcome this hurdle or that problem?
If it is to be it is up to we.
The telephone company has sent us a pink slip, the bank has given us 30-days to come up with the overdraft money, the IRS wants us to come in for an audit, a subscriber has written us an unkind letter.
Sure, we have gotten off track in those 47 years. That's part of being human. But we always came back to the same question, "Are we making a life that's worth living?"
If you assumed that living on a Wisconsin farm is all peaches and cream, well, yes, most of it is. But not 100%.
We've had our ups and downs. As man and woman, our emotional needs periodically differ (Men Are From Mars -John Gray), or we've had those predictable crises (Passages -Gail Sheehy). But we have always been saved by the strength of our shared desire to live our wonderful lifestyle on our rural farm.

THE 51% PRINCIPLE

Want to read more of this article? Go to: http://www.photosource.com/researcher/gen736.html

Getting Good Guidance

In grandfather's day, before the technical revolution, it was customary to pay attention to the wisdom of "the older voice of experience." Grandfather (and grandmother) passed down the wisdom of the ages. When it comes to ethical and moral thinking, that's pretty much true today, yes. But when it comes to today's business operations, including photo research business operations, such as delivery, temporary storage, research, and development, grandpa is usually clueless.
Too often, I hear a researcher say, "So-and-so, who has been doing photo research 30 years, told me that..."
And too often, so-and-so's advice was not on-target. Why?
Because photo distribution, storage, and the actual production of stock photography has dramatically changed in the last decade. If a veteran researcher is giving you advice, and still depending on a film-based system, you can be sure he or she is advising you from a limited and a biased position. Photo researchers are like most of us, -they don't welcome change.

RAPID CHANGE

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.

BEST WILDLIFE PHOTOS OF 2006 - Unveiled October 19 at the Natural History Museum in London, the winning images-five of which are included in this gallery-were chosen from 18,000 entries from amateur and professional photographers in 55 countries.
http://news.nationalgeographic.com/news/
2006/10/061020-animal-photos.html?source=rss

LAYOFF AT GETTY. Getty Images has laid off personnel. The stock photography and video service provider Getty Images Inc. said on Monday it has cut jobs in some areas but declined to give details until after the company reports its quarterly earnings.
http://news.yahoo.com/s/nm/
20061023/media_nm/media_getty_layoffs_dc_1

FINANCE CHIEF JUPITERMEDIA RESIGNS Jupitermedia Corp., which provides stock photography and other digital content, said Monday that Christopher J. Baudouin, executive vice president and chief financial officer since its inception in 1998, resigned for undisclosed reasons. http://biz.yahoo.com/ap/061023/jupitermedia_
corp_personnel.html?.v=1

L.A. LIBRARY PUTS PHOTO COLLECTION ONLINE. While the library charges a small fee for printing and distributing the photos, those involved said that the focus remained on offering the public a chance to explore the rich history of Los Angeles
http://www.upi.com/NewsTrack/
view.php?StoryID=20061022-053555-8277r

HER JOB: PEOPLE. Award-winning photographer tells students job is about people - "This career is not about awards," Melanie Burford said, who is a Pulitzer Prize winner. For me, it's about the people."
http://www.timesdispatch.com/servlet/Satellite?
pagename=RTD%2FMGArticle%2FRTD_BasicArticle
&c=MGArticle&cid=1149191284873&path=%21news&s=1045855934842

HOME PHOTOGRAPHY BUSINESS. Program maintains it's easy to earn extra funds by establishing a photo business out of your home and photographing local businesses, corporations, churches, schools, sports teams, and families in your community. Click Here!

OVERVIEW OF 20TH CENTURY London exhibition taking in 22 artists and spanning more than 90 years of European photography manages to keep a thread of coherence. In The Face Of History.
http://www.thisislondon.co.uk/arts/artexhibition-206
33110-details/In+The+Face+Of+History:+European+Photographers
+In+The20th+Century/artexhibitionReview
.do?reviewId=23370695&expand=true

PHOTOGRAPHER TALKS SHOP IN CHINA. Don Dickson, who is board member of the Professional Photographers of America, had the rare opportunity last month to visit the People's Republic of China as a featured speaker at the 2006 China Pingyao International Photography Festival.
http://www.myplainview.com/site/news.cfm?newsid
=17362643&BRD=517&PAG=461&dept_id=573717&rfi=6

DON'T DELETE THAT PHOTO! Shell Wildlife Photographer of the Year award - A picture that took nine years to obtain and was almost deleted at the last minute has won the Shell Wildlife Photographer of the Year award. http://www.deeperblue.net/newsfull.php/1406

SMILING KIDS Photographer's family portraits help other kids to smile - Edgar Estrada and fellow members of the Professional Photographers of America are working with Operation Smile, a Norfolk, Va.-based organization that benefits youths in 25 countries born with cleft palettes and other abnormalities.
http://www.miami.com/mld/miamiherald/news
/local/states/florida/counties/miami-dade/cities_
neighborhoods/pinecrest/15784733.htm

USING THE INTERNET TO NEGOTIATE A PRICE. Digital Railroad Adds E-Commerce Features and Simplifies Buyers' Jobs With Unified Cart - Digital Railroad's new e-commerce platform allows members to negotiate directly with buyers for rights-managed images through an e-commerce enabled interactive conversation while keeping track of negotiation histories in their archives. http://www.sys-con.com/read/287344.htm

Want to see back issues of PhotoResearcher Newsletter?
You’ll find them here: photo research

Bill Morgenstern

Edward Wallowitch. His outstanding editorial photography inspired yours truly in the early 70's to enter the field and begin selling images to book publishers. Wallowitch passed away some years ago, and his heirs have now decided to offer Wallowitch's entire collection for sale, to a private collector, museum, or stock library. 39 of Wallowitch's photos were used in the PBS special on Andy Warhol. For more information, contact John Wallowitch, 411 East 51st Street, #1, NYC 10022 (212) 753-5748; wallowitch@juno.com - Rohn Engh

Looking for "Non-Generic" photos for your next project? You'll find real-life photos at "PhotoSourceGROUP". Click here for more details.

Shooters

Lynn Seldon, Jr. was named the Southeast Tourism Society's Travel Writer of the Year during the black-tie Shining Example Awards dinner September 6th at the Crystal Gateway Marriott in Arlington, Virginia. Lynn's website, www.lynnseldon.com, features more than 750 of his articles and hundreds of his pictures.

THE BOOK OF PHOTOGRAPHY : The History, the Technique, the Art, the Future, by Anne H. Hoy. http://www.photosourcefolio.com/
bookstoreone.htm#0792236939. Now, spanning more than 166 years of photographic history and the work of more than 250 photographers, this comprehensive and global volume explores every aspect of photography-the newest inventions, revolutionary past, ever-changing technical and aesthetic developments, and the personal stories and styles of photographers worldwide. Organized by subject, the book includes chapters on: Still Life, Cityscape, Architecture, Portraiture, Exploration, Ethnography, Wildlife, Photojournalism and Documents of Social Concern, Fashion and Advertising, plus a biographical dictionary of the major photographers, institutions, and key historical figures. (ISBN:0-7922-3693-9; $40.00) Contact: Penny Dackis, National Geographic Books, 1145 17th St NW, Washington, DC 20036. E-mail: areeves@ngs.org .

Victor Englebert

White Mailers
Sending a disk or slides? Look like a pro. Stiff white cardboard mailers are available at: MAILERS, 575 Bennett Rd, Elk Grove Village, IL 60007, Attn: Pat Pulver; http://www.mailersco.com . Phone: 1 800 872-6670. Fax: 1 847 731-2603.

Does your job allow you to travel – or would you like to travel in connection with your job?

Become a travel writer.
Visit some of the most breathtaking locations in the world absolutely free. In fact, you’ll get paid to go!
Could you describe your travel experiences to a friend with passion and clarity? If so, you might well have what it takes to be a successful travel writer.

Look into this Ebook. It lays out a blueprint on how to become a successful travel writer.
http://daisy501.wp3033773.
hop.clickbank.net

How Do I Speed Up My Computer?
Part 1

This relatively simple question isn't easy to answer.
Nor does this problem affect only graphics users, but also pretty much anyone who has a computer with multiple software programs, music, etc. and is connected to the Internet.
Let's look at how to improve the performance of your computer without spending your hard earned cash. Many people think that adding more RAM, a faster video card with more memory, or a hard drive or a motherboard upgrade is the best solution. That may be true, but it could be a waste of money too. Spending money should be a last resort, not something you do first.
Before you shell out any cash, let me ask you two questions:
1.) What was the last thing you did with your computer before it started to slow down?
2). When was the last time you defragmented your hard drive? (If your system goes down, work doesn't get done and money and time are wasted. System crashes; slow file access and even blue screens are often due to "fragmentation." Fragmentation in your hard drive causes rapid declines in the stability of your computer. You might think your computer is "getting old" and wearing out. It just might need 'defragging'. With defragmentation, you'll solve problems before they occur. More about this later.
Your answers to these two questions will help determine why your computer is slowing down. If it's related to having too many programs installed, here are a couple of quick fixes.
If you work on the Windows platform and have msconfig installed, execute that from the Run menu. (To learn what each item below is, do a "Google search" for each. That way, you'll learn what can be turned off.) In the System Configuration Utility dialog box, click on the Startup tab. This shows you what programs are loaded at startup. Turning off unnecessary Startup items will speed up your computer!
CAUTION: Don't eliminate a program unless you are sure it won't harm the normal operation of your computer. (For example, you could turn off your virus protection software and leave your computer vulnerable to virus attacks.) If you have any doubts about your choice of what to eliminate, enlist the help of a knowledgeable friend or an IT professional.
If your answer to number 2 is that you didn't defrag your hard drive, there's a relatively simple solution. "Defragging" is a software process whereby parts of data files on all segments of a computer hard disk are taken from their fragmented state (with parts of files scattered all over the disk), and grouped together in complete-file segments. This makes it quicker for applications to find the files they need and frees up disk space, making the computer run more efficiently. Personally, I have not been satisfied with the job the Windows defragger does. Instead, I have been using a product called Diskeeper Pro. You can download a trial version at http://www.lyonware.co.uk/Diskeeper.htm .
In my next column we'll continue to explore other solutions for a 'slow' computer.
- - - - - - - - - - - - - - - - - - - - - - - - -
Nathan Segal boosts your Photoshop productivity with proven tips, tools and techniques to create better scans, images and prints, in his book, "The Photoshop Companion."
Note: Have a digital question of interest? Write Nathan at: natsegal@islandnet.com

Make Your Keywords Work For You

In the field of editorial photography, photo researchers no longer search for pictures by looking at images ( your eyes begin sagging after a while!). Instead they search, first, for words. Rarely do they do a one-word search (they'd receive thousands of hits). They usually use a three or four word search, and sometimes five or six words.
When you attach keywords to each of your images, keep this in mind. Try to anticipate what keywords a photobuyer might use his/her search.
Since text description takes up very little * in a database, be generous in your use of words to describe each image. Also, remember to include colloquial descriptions: In California it's a "carpet," in Wisconsin, it's a "rug." In Alabama the word is "flying;" in New Jersey it's "aviation."
HINT: Stay away from trite descriptions and keyphrases that are too general. The phrase "Infant child and mother" may bring 2,000 hits. A better descriptions would be, "Infant soiled diapers distraught mother" ** (if it more accurately describes the scene.).
* The phrase, " Four score and seven years ago, our fathers…" takes up 32 bytes. A normal 8 meg image takes up 8,000,000 bytes.
** No need to include prepositions.

GOOD:
mother supports toddler standing position
a Victorian photo locket circa 1865
Spain Andalusia Seville Giralda tower mother daughter under bell
poor Cuban family seated on sidewalk Havana Cuba
mother daughter Biscarrosse beach France
crazy worm ride Edinburgh funfair people
family mountain biking France Aquitaine Landes forest
France Aquitaine Landes forest
boy mountain biking France Aquiline Landes forest
teenagers looking bored music concert
teenagers looking bored rock concert
little girl mother walking carefully on a snowy dirt road
kid and man repairing mountain bike
elder boy scout welcoming little sister railway station
four children contemplating sunset Frioul islands
France Corsica island Bastia man son Jet Ski
heart-shaped biscuits white plate, valentines
male writes graffiti Hebrew
three little boys looking at world globe

NOT GOOD:
These keyphrases are too generic. The photobuyer would get hundreds of inquiries.
They need one or two additional modifiers to make the description more specific. Typical modifiers would be: where they are doing the activity (name the city, park, resort, etc.) If it's at a school, business, industry, church, synagogue, mosque, add this also, GET SPECIFIC. That's what the research does!
mother and baby playing
family riding bicycle together
children riding carousel
mom with newborn baby
mother kissing child
newborn baby feet
crying baby
baby on bed
newborn baby boy
mother holding baby
tired mother and baby
crying baby
mother holding baby in arms
mother and child
smiling mother with newborn baby
mother holding newborn baby
infant newborn baby boy
infant child and mother
mother and child
crying baby on mother's lap
christmas turkey
mom and daughter opening present
mom and son opening christmas presents
young boy and girl and dog
young girl and her parents
young girl and her mother
young girl and her father
woman taking photos of children walking in the country
brother and sister playing with the sand
grandmother and her granddaughter
baby foot grasping father's finger
mother and daughter kissing
girls hugging
children at beach
grandmother snuggling with baby
a loving family, father with his little boy

Rohn Engh is director of PhotoSource International and publisher of PhotoStockNotes. Pine Lake Farm, 1910 35th Road, Osceola, WI 54020 USA. E-mail:info@photosource.com . Fax: 1 715 248 7394. Web site: www.photosource.com.

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GOT A PHOTO NEED? Send it to eds@photosource.com (Just write up your photo listing in any way you feel clearly gets across what you need) or use our standard form at < http://www.photosource.com/
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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Hard to find qualified photographers? They're reading our weekly newsletter, PhotoStockNotes. Reach them cost effectively at. . . http://www.photosource.com/psb

Now you can search back issues of PhotoRESEARCHER Newsletter. On your Web browser go to: http://www.sellphotos.com/
search/prsearch.html then type in your keyword.

Reproducing or copying photoRESEARCHER Newsletter for non-private purposes is not permitted without written consent of the publisher, except for review purposes where source credit is given.

## PhotoRESEARCHER Newsletter monthly newsletter is produced by PhotoSource International, Rohn Engh, Director, who is solely responsible for its contents.
For information about PhotoSource International:
http://search.photosource.com

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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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To sign up for our free photoRESEARCHER Newsletter, visit us online at:
http://www.photosource.com
/photoresearcher

To cancel your free subscription, send email to:
eds@photosource.com or call 800 223 3860 extn 21
with "PhotoRESEARCHER Newsletter UNSUBSCRIBE" as the subject line.
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To make a photo listing:
(no charge)
1 800 223 3860 or 1 800 624 0266
ask for Lela LaBree
eds@photosource.com
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Next Month: What is a "Marketable Photo"?