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PhotoRESEARCHER |
PhotoRESEARCHER Newsletter for June Week Three ## 441C |
KEY WORDS: | Lost Slides | Lifestyle Photography | Limited Use | Written Contracts | Loss Claim | S-P-A-M Dilemma | King George | Prize | Copyright Law | Renting | Publisher | Statement | Salaried Employee | Travelers Abroad |
Welcome to PhotoRESEARCHER Newsletter, a monthly newsletter from PhotoDaily, PhotoSource International. <http://www.photoresearchnews.com/> To sign up for our photoRESEARCHER Newsletter, visit us online at: (If you do not wish to receive the PhotoRESEARCHER Newsletter, please
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The Value of Lost Slides
by Joel Hecker, Esq.
Advance notes: The nightmare of attempting to receive original slides from photo suppliers is almost a forgotten memory for most photo researchers. Digital delivery has nearly erased the legal and monetary responsibility that photo researchers experienced in the past. However, the phantom still remains. Transparency delivery will still be around in our generation –if rarely.
I have previously reported on cases involving loss of slides and questions of evaluation, and on other cases involving copyright infringement. A case in Washington State had both!
The case involved Chase Jarvis, a photographer engaged in outdoor sports and active lifestyle photography, and K2, Inc. and its subsidiaries, the maker of skis and other sporting goods equipment.
The photographer had a relationship with the defendant for a number of years and provided photographs for limited use. They had both oral and written contracts depending upon the time frame and photographs concerned. At issue in this case were two written and various oral contracts.
The written contracts each contained a clause that stated that it constituted the entire agreement of the parties and could only be modified in a writing signed by the parties. This of course is a standard type clause and is called a "fully integrated contract". This is important because the photographer, after completing each photo shoot, submitted the images along with a standard Delivery Memo that provided for the customary $1500 per image liquidated damage clause in the event of loss or damage.
The Court found on the loss claim that 396 slides had not been returned but that the Delivery Memo containing the $1,500 evaluation could not be considered because it constituted an unacceptable oral modification of a written contract. Since the integration clause of the contract did not permit oral modifications, the Court found that the Delivery Memos, which were not negotiated in advance nor accepted by the defendant, were not admissible.
The Court then went on to consider fair market value of images used by the photographer, taking an average of licenses granted for various markets and various uses within the markets. The photographer's expert witness testified that it was impossible to know the value of the lost slides and what their potential value in the future might be. This was in part because the photographer was not able to identify which slides in particular were missing from all those submitted (a substantial portion of the submissions were in fact returned). In addition, the expert testified that perhaps 90% of the lost slides might have no value.
Want to read more of this article? Go to: http://www.photosource.com/researcher/lostslides.html
Benja Iglesis |
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If you want total ownership of the photo… GET IT IN WRITING The Copyright Law says it's so… As a photobuyer, when you "purchase" a photo, you are actually only renting it, and the photographer retains the copyright, unless you and the photographer have signed a statement describing a different agreement. Photographs belong to the photographer the moment the photographer clicks the shutter. It’s important to remember that if a publisher wants to own all rights to a photograph, the publisher has to get the photographer to sign a document stating that ownership of the photo now belongs to the publisher, and not to the photographer. If the publisher offers the photographer a fee they can’t refuse, the photographer won't mind turning over the copyright of the photo. If this transpires, the photographer nevertheless can request to regain ownership of the photo in 35 years. Or, the publisher might make a special arrangement with the photographer to return copyright to them in a lesser amount of time.
Watch
for developments in the field of stock photography in
PhotoResearcher's Newsletter 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.
BUILD A BOOK Fujifilm Introduces DigiLabs Photo Specialty Products Software for Use With Xerox Digital Printers - The DigiLabs software is a suite of software applications for making photo books, cards and calendars that runs on the Windows XP platform. It features an easy-to-use interface for building photo books with basic templates and text fields. http://www.redorbit.com/news/technology/960946/fujifilm_introduces_digilabs_photo_ specialty_products_software_for_use_with/index.html?source=r_technology
TOP PHOTOGRAPHY IN CHINA China Photography
Exhibit at Harvard and Lesley Universities. The two exhibits
will showcase 50 works by leading contemporary Chinese photographers,
which have all been selected from Chinese magazine and book
publishing houses. http://biz.yahoo.com/prnews/070611/nym161.html?.v=80
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The search engine, Google, adds and updates new sites to its
index each time it “crawls” the Web. Google invites
you to submit your Web page’s URL. They don’t
add all submitted URLs to their index, and they cannot make
any predictions or guarantees about when your website will
be indexed. But it’s worth giving it a try. To add your
website: TIP: Set up a blog on www.blogger.com
and post to it regularly. Mention various pages on your site
from time to time. Create links to them too. Blogger is owned
by Google and the links in your blog will get indexed quickly.
Travelwriter Marketletter… Travelwriter Marketletter is a monthly publication available
online
###################### Subjects such as “Photographing Public Properties,” “Where Is Royalty Free?” … Click here
Sanjay Marathe
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.
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TRAVELERS
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Derek Fell
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