PhotoRESEARCHER
PhotoRESEARCHER Newsletter
for July Week One## 442A

KEY WORDS: | Stock Photo Agency | Start-Up | Mediocre | PACA | Promotional Materials | Cell Phone | ASPP | Service | Copyright Infringement | Compact Disc | Wrestling | Injunction |


NEWSWORDS: | Getty | Corbis | Security Guards | Snapshot | Corporate | Videos | Auctions | Control |



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

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Dealing With Mediocrity


Advance Notes: Business practices in the stock photo industry vary from excellent to poor. Here are some thoughts on where you might experience poor ones.

The new stock photo agency with bright, fresh ideas might be an answer to many of your picture requests.

However, have you ever dealt with the category of upstart stock photo agency that should rightly be categorized, "The Flake?" This is a small start-up stock photo agency that promises photographers the world and promises editors and researchers a wide array of services. Let’s take one example and call it Ajax.

After many years of observing the world of stock photography, I’ve seen that researchers can avoid a lot of grief by listening to three small words: don’t do it. That is: don’t resort to a desperate decision to spend precious time consorting with a mediocre stock photo agency like Ajax, that has no accountability or track record in the industry.

How do you avoid this? When you’re desperate for a highly specific photo, unfortunately sometimes you can’t. But then again, aren't nuggets of gold found sometimes in rare places? After all, most stock photo agencies just breaking into the market haven’t had the time yet to accrue the credentials to qualify to join PACA (Picture Agency Council of America) - which is usually a stamp of approval of an agency's reliability.

But here are some clues that give away "The Flake": Their promotional materials are less than professional. An answering machine (not voice mail) greets your inquiry. Their volume of image count is padded. They have no advertising budget, website, or receptionist.

From Ajax’s point of view, they figure they are doing you a favor by not charging you research fees. This can slide over into a patronizing approach to handling your photo requests: slow response to your inquiries, sloppy administration, and inadequate communication.

If Ajax’s revenues fail to materialize, their enthusiasm begins to wane, their attitude sours. The resulting effect is that you may find the picture you need, but you may find yourself the target of unpleasant inquiries from a photographer who has not been paid by Ajax.

IT GETS WORSE

Let’s look at Ajax’s position. The owner has taken a second job to make ends meet. He/she has no help, so compensating a photographer is going to take after-hours labor. Even the cost to FedEx a photographer’s images back to him/her will come as a hardship. Monies due photographers are not available. Available cash has gone to pay for the cell phone (which will soon be discontinued). It’s not going to do much good to communicate with them.


Want to read more of this article? Go to: http://www.photosource.com/researcher/nov993.html

 

 

Law Enforcement, Prisons, and Related Topics

Mike Karlsson

Custom and Usage Ruled Not a Defense to Copyright Infringement

by Joel Hecker, Esq.


Advance Notes: For photobuyers: Publication of photographs in magazines or elsewhere without the prior consent of the copyright owner, which use is then followed by a "proposed" contract or license containing terms unacceptable to the photographer, will not, under most guidelines, be a successful defense to copyright infringement.


It is surely not a good sign for a defendant accused of copyright infringement when the Federal District Court, in evaluating a defense that "everybody does it" and that use without consent is the prevailing custom and usage of the trade, makes a factual finding that the defendant "deliberately sailed in harm’s way."

That is the predicament Similar Entertainment, Inc. found itself in after Judge Kaplan in the Southern District Court in New York issued an injunction back in March of 1999 against them for copyright infringement, and in favor of Cherry River Music Co.

The case involved the creation and distribution of a Compact Disc of musical themes of popular WWF wrestlers, called Slammin’ Wrestling Hits, without obtaining the appropriate copyright permissions.

The impact of the decision is applicable to photography as well.

The defendant apparently believed they had completed the necessary requirements to obtain a compulsory license which permits use of musical compositions through payment of a license fee.

Want to read more of this article? Go to: http://www.photosource.com/researcher/sept991.html

 

 

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This week's featured photographer on PhotoSourceFolio:

Tod Thulen (http://folio.photosource.com/2833 )
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Watch for developments in the field of stock photography in PhotoResearcher's Newsletter

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.



CORBIS’ ANSWER TO THE GETTY IMAGES’
iStock PURCHASE “SnapVillage’ Takes Same Ol’ Approach With New Generation Microstock Marketplace. Corbis’ new beta website combines consumer photo-sharing sites with an online marketplace that simplify the experience of licensing low-cost, user-generated, royalty-free photography via the Internet. http://www.sys-con.com/read/394058.htm

BIG BROTHER AGAIN. Photography banned in Silver Spring, Maryland. Security guards in a Silver Springs business district are enforcing a "no photography" policy, under the false claim that the street in question is private property.
http://www.addict3d.org/news/144187/Photography%20banned
%20in%20Silver%20Spring,%20Maryland

ARE THEY MORE THAN SNAPSHOTS? "Accidental Mysteries: Beyond the Keepsake - Snapshot Photography" at the Peabody Essex Museum, Accidental Mysteries explores the power of the everyday snapshot in modern culture... Accidental Mysteries explores the tradition of picture-taking in a critical context, asking viewers to contemplate the role of photography beyond the keepsake, but as a body of work produced by our society at large.
http://www.absolutearts.com/artsnews/2007/06/25/34555.html

BRANDING TO THE CORPORATIONS Corporate Image Libraries™ by Dana Hursey Photography, www.corporateimagelibraries.com provides a persistent bank of images for strong identity and various media content,used to enhance the company's brand and services as well as supporting other media rights management applications http://www.prweb.com/releases/2007/6/prweb535328.htm

VIDEOS MAKE BETTER AUCTIONS. eBay knows and eBayers have learned that better photos lead to auctions that sell at better prices. Tom Shaugnessey reviews classes and labs and visits exhibitors to find out what's new in the world of photography for eBay sellers. Here’s Tom's report and analysis from the 2007 Boston show!
http://www.auctionbytes.com/cab/abu/y207/m06/abu0193/s03

IN CONTROL In control with a digital darkroom Ever since the technology has been around, I have been in favour of the digital darkroom, which is what I have: a PC, two printers and two digital cameras," he says. "You can do the whole thing yourself, which was something you could only dream about using film.
http://australianit.news.com.au/story/0,,21951741-5013037,00.html?from=public_rss


A NEW DÉCOR ART INDUSTRY? GalleryPlayer Partners with Guest-Tek to Expand Distribution of HD Images to Hotels Rooms Worldwide are bringing the largest library of the world's finest HD art and photography to the global hotel industry. The agreement brings HD content into the increasingly competitive hospitality market by providing brilliant high definition imagery to individual rooms, meeting rooms and public spaces in major hotels
worldwide. http://www.broadcastnewsroom.com/articles/
viewarticle.jsp?id=155356

 

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441D

           


Alex Bussewitz

Garrett Johnson

Nick Rogney

Mitchell Benson