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PhotoRESEARCHER |
PhotoRESEARCHER Newsletter for May Week Four## 440D |
KEY WORDS: | Oprah Winfrey | Copyright Infringement| Trial | Authorship | Photo Research| Delivery System| Edward Wallowitch| Travelwriter | Travelers |
Stock Photography Event Welcome to PhotoRESEARCHER Newsletter, a free monthly newsletter from PhotoDaily, PhotoSource International. <http://www.photosource.com/> To sign up for our free photoRESEARCHER Newsletter, visit us online
at: (If you do not wish to receive the PhotoRESEARCHER Newsletter, please
see the instructions at the end of this newsletter.)
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Oprah Case Reminds Publishers to Check Ownership of
Photos
A copyright case that took place a few years ago delivers a good lesson and deserves a second look. Oprah Winfrey was the focus of the copyright question, involving two freelance photographers. A U.S. District Court judge ruled in favor of the two photographers, Paul Natkin and Stephen Green, both from the Chicago area. Natkin and Green had participated over a ten-year period in photographing Oprah and various of her activities on and off the Oprah Winfrey TV show, for publicity purposes. In her book, Make A Connection, Oprah's publisher used eleven of the photographers’ images, without permission or payment of the photographers.
The photographers declared copyright infringement. Oprah’s attorney
held that she had legal rights for use of the photos in her book. The
judge ruled this was not a work-for-hire arrangement, the photographers
had not signed anything saying so, and that the photographers, not Oprah,
owned copyright of the photos.
The case was scheduled to go to trial. Oprah’s attorney was claiming
“authorship” for Oprah in the photos, in that she and her
company controlled most of the elements in the photos, similar to when
an art director, designer, or ad agency executive will control most of
the elements in an advertising shoot.
Want to read more of this article? Go to: http://www.photosource.com/researcher/ntpd316.html
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finding
your photos…
More and more photobuyers are realizing the benefits the Internet affords them for photo research. As more and more photographers make their images available on the Internet and researchers utilize the Net’s search and photo-finding capabilities, the visuals in publications everywhere can do nothing but improve.
Want to read more
of this article? Go to: http://www.photosource.com/researcher/cb9.html Our continuing interest in copyright infringement was sparked
by the court ruling (Sandoval v. New Line Cinema Corp) in
which a photographer's images were briefly displayed in a
scene in the movie, Seven. The Court ruled for the film company,
basing its decision on the "Fair Use" doctrine in
the Copyright Law. In making its decision, the Court cited
its recent opinion in Ringgold v. Black Entertainment Television.
For photo researchers , it's important to remember that in
this case the Court is considering the movie appearance (an
entertainment medium) as an editorial usage. If the defendant
had used the photograph in a non-editorial situation, such
as a commercial video or other promotional venture, the Court
probably would have ruled for the photographer.
How did this mounting lack of ‘clean, available water’ come about so quickly? Just fifty years ago only five man-made chemicals were found in town or city reservoirs in this country.
To bring the harrowing and rapidly deteriorating situation
to the attention of people everywhere, a non-profit group,
the BPR Foundation, is funding a project called The Blue
Planet Run. The organization will publish a book on this
global water crisis, to help spark urgently needed action
to clean up and conserve water before it’s too late.
The book project will be led by photographer Rick Smolan,
creator of A Day In The Life series of coffee-table books
(more than 75 published to date). Rick will be collecting
photographs during the months of May and June.
Rohn Engh, veteran
stock photographer and best-selling author of “Sell
& ReSell Your Photos” and “sellphotos.com,”
has helped scores of photographers launch their careers.
For access to great information on making money from pictures
you like to take, and to receive this free report: “8
Steps to Becoming a Published Photographer,” visit
http://www.sellphotos.com
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. MALIPULATION TO CONGRATULATION
- A month ago, Allan Detrich’s career seemed done after
a manipulation scandal at the Toledo Blade. But in the last
few days, his photos have gotten wide play on national TV
including CNN and Fox News, and Polaris Images has agreed
to distribute his work. Storm Photos Are A Second Chance For
Allan Detrich http://www.pdnonline.com/pdn/newswire/ HAS PHOTOGRAPHY BECOME A CRUTCH FOR PAINTERS?
"Dear Mr. Saltz" has been organized as a response
to Pulitzer-nominated art critic Jerry Saltz's 2004 Village
Voice article,"The Richter Resolution", which was
a critique on the use of photography in painting.
FOCAL LENGTH Ben Long uncovers a photographic
myth. http://www.creativepro.com/story/feature/25485.html
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###################### Looking for “Non-Generic” photos
for your next project? ######################
Can’t find that ZIP Code? Easy Desktop Postal Service 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.
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. For more information, contact John Wallowitch, 411 East 51st Street, #1, NYC 10022 (212) 753-5748; wallowitch@juno.com– Rohn Engh ######################
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