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PhotoRESEARCHER

PhotoRESEARCHER Newsletter
for February## 437

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

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YOU AND THE LAW
by Joel Hecker, Esq.

Exact Digital Model of Automobile Does Not Infringe

As you know, the copying of a work in another medium can constitute copyright infringement if the works are substantially similar and other relevant conditions are met. A recent case in the United States District Court for the District of Utah had occasion to rule on this subject.
The case, Meshwerks, Inc. v. Toyota Motor Sales and others, concerned the creation of three-dimensional digital models of Toyota vehicles which were intended to resemble the vehicles as closely as possible. The three-dimensional models were created through a process in which tape was placed in a grid pattern over each car and then, using an articulated arm measuring over six feet, each point was marked where the tape intersected. The distance between the points of intersection was then measured and inputted into a computer. Using these measurements as a guide, the computer software then created lines that formed a rough digital representation of the vehicles, resembling a wire frame model.
NOT COPYRIGHTABLE?
The plaintiff obtained copyright registration certificates for the models. The plaintiff then sued when the defendants used the digital models without authorization. The defendants brought a motion for summary judgment on the grounds that the digital models were not copyrightable.

Want to read more of this article? Go to: http://www.photosource.com/researcher/legal142.html

Gary Crabbe

Not Much Has Changed

Advance Notes: The Digital Age has flattened the stock photo world to a stage where photo research has become ever more efficient, photo delivery has become lightning fast, and the individual editorial stock photographer now has more leverage than ever. What, though, has really changed?

Now that the stock photo industry has Google et al on its side, it’s very easy for a photobuyer to flex their researching muscles and come up with a picture that just a decade ago would have been nearly impossible to find -- let alone license -- in an appropriate amount of time.
If you review publications from the last century, you’ll notice photobuyers leaned toward making-do with easy-to-locate pictures (generic) that they slapped in the layout, and then moved on to the next project. Today’s sophisticated reader expects more. The search engines today, based on search of text descriptions of images, provide avenues for researchers to find more specific pictures; “best” pictures instead of second best.
The result: happy researchers and happy photobuyers.
Check out www.photosource.com/bank and you’ll see how individual photographers are getting aboard this new ‘text-centric’ way of providing images to stock buyers.

Want to read more of this article? Go to: http://www.photosource.com/researcher/cb89.html

Randy Pomeroy

ON-LINE

by Bill Hopkins

Why You Need Protection
Against lightning strikes, that is. Better to spend a few extra bucks and get a good surge protector and/or Uninterruptible Power Supply (UPS) for your computers. (A UPS not only protects from surges and spikes in the supply line, but also against brownouts and blackouts, by switching to internal batteries to power your attached electronics for a short time.) My favorite choice for protection is American Power Conversion (APC) products. The typical surge protector will conform to UL standard 1449 (check the label), and have an SVR (suppressor voltage rating) of around 300 volts (a lower SVR rating is better). And while you're at it, don't forget to protect those expensive plasma TVs, stereo systems, and home theater equipment. You can also elect to have surge suppression installed at your meter box, which normally requires the services of an electrician, and must meet local and national building and safety codes. Many of the nation's largest insurance companies report results similar to Hartford Financial Services Group. Hartford reports that for the period between 2001 and 2006, the cost of claims relating to lightning strikes rose 77%, yet the number of lightning claims was down by nearly 50%. Why? We're crazy for techo-gadgets, and because so many of our modern appliances are run (internally) by fancy electronics. And remember, protectors do wear out, and should be replaced after a significant surge.

Virus Warning
Some Apple video iPods shipped after Sept. 12th of 2006 contained the RavMonE.exe virus, which affects Windows operating systems. The virus can be removed with anti-virus programs. On their website, Apple says that less than 25 reports of virus infections have come in. For more information and help with removal, see http://www.apple.com/support/windowsvirus/.

Keywording
Very important, in targeting searches and in relation also to your own online presence, either through your own website, your agency, or one of several of our products, such as PhotoSourceBank, PhotoSourceFolio, PhotoSourceGroup, etc. And while you’re at it, why not give the Smithsonian a hand? Yep, you can help them keyword their vast collection of photography at http://photography.si.edu. A recent study by the Metropolitan Museum of Art found that over 92% of the keywords contributed by volunteer keyworders (the Met called them "taggers") weren't in their database. Something to keep in mind when working on your own words. (A typical example: What you may call a rug, someone else will call a carpet.)

Want to read more of this article? Go to: http://www.photosource.com/researcher/onlin176.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.

E MAGAZINE (28 Knight Street, Norwalk CT 06851) Former contact and e-mail: Jason Kremkau, Art Director, Jason@emagazine.com; current contact and e-mail: Trudy Hodenfield, Art Director, trudy@emagazine.com.

OUTDOOR AMERICA (707 Conservation Ln, Gaithersburg MD 20878) former contact and e-mail: Dennis Johnson, Editor, OA@iwla.org; current contact and e-mail: Jay Clark, Art Director, jay@iwla.org.

Editorial Stock Collections

Hidden Wealth

Advance Notes: With the proliferation of TV documentaries, CD-ROMS, century highlight books, websites, and millenium collections - editorial photos are enjoying a resurgence.

The first fifty years of editorial stock photography were lean years for photographers.
Few photographers imagined their photos were worth much more than the immediate compensation they received from a magazine, book publisher or assignment client.
In addition, to save filing space, many photographers threw out extra “baggage” of “outdated” images. Little did they realize they were tossing away a gold mine.

In the early days, some photographers had special agreements with their publishers or newspaper and magazine editors that ownership of the photos bought, could revert back to them (the photographers) after three years. In some cases it was a shorter period of time. (This was in the days before the revision of the Copyright Law decreed that copyright ownership now stays with the photographer. In its original form the Copyright Law transferred copyright to whoever bought a "use" right to a photo.)
Unfortunately, some photographers didn’t take advantage of this kind of agreement provision. They were busy with their other projects and went on to other things, as the photo industry matured. Their original photographs, lying dormant in files at book companies, newspapers, and magazines, were sometimes ushered out by a junior assistant or inexperienced clerk, to make room for contemporary work. What could have been an annuity for a photographer disappeared into the dumpster.

Of course, some organizations had the foresight, manpower, and funds to catalog and save everything. One example is TIME-LIFE. Their files of photos chronicle the life and times of America since 1936.
Several years ago, the then-director of the TIME-LIFE library, Beth Zarcone, gave me a tour of their collection. The count of images totaled more than 21,000,000. Before Getty Images bought their archives, TIME-LIFE kept these photos in their climate-controlled library at the base of Rockefeller Center in New York. I saw youthful pictures of Muhammad Ali (13 books have been written about him in the last decade), Frank Sinatra, astronaut John Glenn, Eleanor Roosevelt, and countless others. These were pictures taken by long-gone photographers who never thought about the legacy they were creating.

Want to read more of this article? Go to: http://www.photosource.com/researcher/gen314.html

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.

Be Sure To Take Our Survey!
It has to do with Royalty Free photos. I’d like to know if in your daily routine, you are employing Royalty-Free photos a lot, sometimes, or not at all.

To Take the simple survey
Click here

Your answers will mean a lot to fellow researchers as well as photographers who submit their images to you for consideration.

Rohn Engh
PhotoSource International

Email: info@photosource.com
Web: http://www.photosource.com

P.S. We’ll report the results of the survey in our March 2007 issue.

ON-LINE

By Bill Hopkins

You Just Gotta Marvel...
The number of Internet users in China is around 132 million, reflecting a 32% increase over the prior year. According to the China Internet Network Information Center, there are 52 million users with broadband. Their communist government encourages Internet use for business and education, while at the same time it tries to block access to material the central government determines is subversive or pornographic. And that covers a lot of material.

Don't Forget the Insurance
A subscriber, after reading my December column about using a UPS (Uninterruptible Power Supply) for computers and other electronics, wrote to tell of his experience with a lightning strike at his business, which fried practically everything plugged into a power outlet or a phone line. He brought up some good points. One is having the proper business insurance to cover not only the cost of repair/replacement of your business assets (often can be included in your homeowner's policy for small home-based businesses), but also to carry business-interruption insurance. Such insurance generally helps with the loss of income during the restoration process, and with expenses of getting your photography business back on its feet, including outside contractors (tech help, for example). Another is protecting all entrance points, including phone lines, cable modems, etc. (most UPS have an additional port to protect DSL and cable lines). Depending on your situation, you may be able to have an electrician install a lightning arrester right at your power panel (where the electric meter is). Couldn't hurt, especially if you live or work in a lightning-prone area. Oh, and did I mention having a current backup of your programs and data in an off-site location?

Want to read more of this article? Go to: http://www.photosource.com/researcher/onlin177.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.

GOTTCHA ! Wildlife Photographer Wins Copyright Case - An amateur photographer who captured a rare image of two Caribbean snails has won a battle against a major stamp publisher which used the images without permission.
http://rising.blackstar.com/wildlife-photo
grapher-wins-copyright-case-2.html

GET EDUCATED Nik Software, Inc. Establishes "Team" of Professional Photographers to Support Education in Photography - Team Nik, a newly formed group of professional photographers will teach skills vital to professional photographers, as well as offering the latest insights and techniques in digital photography that everyone can use.
http://www.creativepro.com/story/news/25100.html

WHITE ONLY? Paper Tips: Dare to Print on Colored Paper Stock - Printing on a white, coated sheet is a safe option, selecting a colored stock opens up new
possibilities and allows for a different stream of your creativity to flow.
http://www.creativepro.com/story/feature/25084.html

ALWAYS MOVING AHEAD Kodak's fate now rests on success of printing, photo platforms -
http://www.democratandchronicle.com/
apps/pbcs.dll/article?AID=/20070121/
BUSINESS/701210323

WILL YOUR WORK BE ARCHIVED TOO? National Archives data being digitized - Anyone interested in seeing the works of noted Civil War photographer Mathew Brady will soon be able to do so digitally. http://www.sun-sentinel.com/business/local/sfl-sbarchive21jan21,0,6559631.story?track=rss

NOW YOU SEE IT, NOW YOU DON’T Photographer changes photo for memento shot - Image manipulation is a constant temptation in the digital era, according to one expert. Some consumers might even demand it, but if such images are taken as fact, Eiler warned, they also take away truth. http://www.mlive.com/news/grpress/index.ssf?/base/news-34/116927993890860.xml&coll=6#continue

RF GALORE New Year, New CDs and Images from Pixtal - Pixtal, the well-know brand of
Royalty Free images launched 18 new CDs and more than 1000 images.
http://www.stockphotographer.info/content/view/407/

WHAT’s HAPPENIN’ ? Stock Photo Industry Survey Of The Deutsche Bank And PACA: Pricing Stability in 2006, But Issues Likely In RF Imagery - You can download the much anticipated survey directly from PACA (9 pages), if you are a PACA member but note also that "only" 54 out of a population of 102 stock agencies responded.
http://www.stockphototalk.com/phototalk/
2007/01/deutsche_bank_a.html#more

THE INTRIGUE OF B&W Ilford Black-And-White Challenge - The HP5 Plus Challenge, which applies only to Canada and the USA, runs until May 31, 2007, and is open to any Photographer using Ilford HP5 Plus.
http://shutterbug.com/news/011607ilford/

THE ASIAN INVASION Asiamart Signs Global Exclusivity Agreement With Rollei Asiamart, Inc. (OTC Bulletin Board: AAMA - News) today announced that it has signed a global exclusive agreement with Rollei, a renowned German
brand in professional photography equipment. The agreement involves a significant volume purchase of Rollei's DV828 digital video cameras, to meet the anticipated surge in traffic of outbound Chinese tourists
http://biz.yahoo.com/prnews/070122/nym151.html?.v=70

Next Month: Keywording

If you’d rather not receive this kind of e-mail, reply with a <no thanks> and provide us with the original address at which you received the e-mail, so we can ensure your request is handled correctly. Thank you!

Dennis Cox

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

Trying to Locate a Stock Photographer?
It’s easy when you use the PhotoQuikFind service of
Photosource International.
To locate a photographer and his/her e-mail:
In the Google search bar, type the person’s name, then a space, and then the word, photosource
Their name will come up at the top of the Google search.
Click on their page and you’ll find a convenient
automatic e-mail messaging feature.
This is a service of Photosource International

John Gordon

DO YOU LIKE OUR NEWSLETTER? Give us a quote. Let us know what you think.
Send us a brief note for our quotes section. Attn: “Quotes” daisy@photosource.com

You feel fine when your research database is in order…not cluttered. How ‘bout your work area, or your home? FEEL GOOD! How To Declutter Your Home Immediately
Click Here!

Be Sure To Take Our Survey!
It has to do with Royalty Free photos. I’d like to know if in your daily routine, you are employing Royalty-Free photos a lot, sometimes, or not at all.

To Take the simple survey
Click here

Your answers will mean a lot to fellow researchers as well as photographers who submit their images to you for consideration.

Rohn Engh
PhotoSource International

Email: info@photosource.com
Web: http://www.photosource.com

P.S. We’ll report the results of the survey in our March 2007 issue.

Mailing photos, CD’s or other important documents? Send them in a thick-white-cardboard professional envelope, -just the right size.
(White mailing envelopes are available at: MAILERS, 575 Bennett Rd, Elk Grove Village, IL 60007, attn: Pat Pulver; Http://www.mailersco.com; (800) 872 6670; Fax: 1 847 731 2603)
Email: patrick@mailersco.com

Have a talent for writing?

You can ghostwrite for clients who want to publish but don’t have the writing skills to do it.
The Essential Guide To Ghostwriting. How to make money as a ghostwriter – step-by-step plan for anyone wanting to use their writing skills to earn money from home.
Click Here!

Mike Karlsson

NATIONAL GEOGRAPHIC FIELD GUIDE TO BIRDS: Arizona & New Mexico, edited by Jonathan Alderfer. Featuring as many as 175 birds and nearly 300 photographs, illustrations and maps, this handy, informative book adds two Southwestern states to National Geographic's growing series of field guides. (ISBN: 0-7922-5312-4; $14.95) Contact: Penny Dackis, National Geographic Books, 1145 17th St NW, Washington, DC 20036. E-mail: areeves@ngs.org .

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This week's featured photographer on PhotoSourceFolio:
Michael Sipos (http://folio.photosource.com/2793)
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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

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ask for Lela LaBree
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Reed Photo

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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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