|
|
|---|
|
PhotoRESEARCHER |
PhotoRESEARCHER Newsletter for August Week Four ## 443D |
KEY WORDS: | Consent | New York Stock Exchange | Trademark Infringement | Casino | Do Not Compete | Corinthian Columns | Flatiron Building | Prison Cell | Isolation | Environmental Danger | Stingy With Film | NEWSWORDS: | Home Sweet Home Page | Now That’s Big!
| 9 | Preserving | Do-It-Yourself | The Stats Game | Not
Driving Miss Meislas | Mr. Sensor Kleen | No More Fotomat?
| 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
see the instructions at the end of this newsletter.)
|
New York Stock Exchange Loses Trademark Suit
by Joel Hecker, Esq.
I previously reported on a continuing thorny issue facing many photographers - whether, and to what extent, images of public buildings may be used in photography without the consent of the building owner (August 1998).
To some extent this issue has now been decided in favor of the photographer. The New York Stock Exchange sued a Las Vegas casino for trademark infringement. The casino used replicas of several of New York's most recognizable buildings in its motif, including of course, a facade of the New York Stock Exchange.
Judge Cedarbaum of the U.S. District Court for the Southern District of New York recently dismissed the case, finding that there was little likelihood of confusion because of a lack of "competitive proximity" of the various services offered. In a nutshell, the casino and the Exchange simply "do not compete directly, and they offer different services."
The Court further determined that, in essence, the New York theme at the casino was a parody and that the purchasing public would not be confused.
On another issue of great importance to the photography community, the Court also ruled that the Exchange's building facade was not distinctive enough to be protected, finding that many prominent public buildings had a similar classical facade with Corinthian columns and bas relief figures, such as the United States Supreme Court.
EVEN ANOTHER
On another front, in a similar context, the owners of the unique building known as the Flatiron Building in New York objected when a venture capital firm known as Flatiron Partners wanted to use an image of the building's facade as its logo. Rather than fight the issue, the venture capital firm agreed to pay a license fee for such use, thereby avoiding a legal determination on the merits.
I am sure we will be hearing more on the subject.
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. Email: Heckeresq@aol.com.
Derek Fell fellpix@comcat.com www.derekfell.net |
|
In Defense of Digital Photography
The room is small, silent, damp and without light. The interior air is heavy and laden with chemicals, some of which could cause early death. The person inside receives no visitors. It is isolation. Have I described a 19th century prison cell or a 21st century photographer’s darkroom? Those who have spent many hours in the agonizing yet captivating atmosphere of a photographic darkroom recognize the scene. Many photographers are compelled to witness --and direct-- the birth pangs of each of their graphic creations. Yet all of us know it is contrary to human nature to confine oneself to such isolation and environmental danger. Such is the allure of the muse. This is serious stuff. We wonder how many present-day darkroom photographers are short-cutting their longevity by continuing to engage in this archaic working method. Are they subjecting themselves to Alice-in-Wonderland dangers similar to those faced by the Mad Hatter? (i.e. the hat makers of a couple of centuries ago, who used arsenic in the fashioning of their beaver skin hats and frequently were gradually poisoned as a result.) To put this in perspective, if digital photography had been discovered first, and then film photography, would anyone have opted for the latter? Today’s digital photography offers the promise of safe imaging. Digital photography allows everyone the luxury of the shooting style of Henri Cartier-Bresson, the renowned French photographer of the mid-century. He never stepped into a darkroom. “No, I have never done my own printing,” he once told Charlie Rose in an interview. “Why should I spend my time in a darkroom when I could be out shooting?” Most film photographers, because of the high cost of film and the processing delay, are conservative regards the number of pictures they shoot. However, as Cartier-Bresson is famous for saying, “I want to capture the precise moment.” Such moments escape the average photographer who is stingy with film. DIGITAL FILM Not so with digital photography. One shoots with a freedom to not only capture the “precise” moment, but to also self-educate and experiment. Digital “film” is cheap. The world of digital photography is easy to enter. Medium-quality images, ease of processing , enhancing, and transmitting, are now available to the average photographer. Digital results are readily acceptable if the images Web-based. At present, as you are reading this, the cost for serviceable digital is well within the budget of most. Rohn Engh, veteran stock photographer
and publisher of “PhotoRESEARCHER Newsletter,”
has provided on-line targeted information for photobuyers,
photo researchers and editors for two decades. No other newsletter
brings photobuyers such up-to-the minute, practical intimately
familiar with both sides of the stock photo desk. For more
info: http://www.photosource.com/photobuyer/.
CHANGES Each month we report to you moves among, within and between: publishing houses, stock agencies, photobuyers, photo researchers, ad agencies, and design firms.
OXFORD UNIVERSITY PRESS (198 Madison Ave 9th Fl, New York, NY 10016) former contact, phone and e-mail: Judi DeSouter, Art Editor, 212 726-6327, judi.desouter@oup.com; current contact, phone and e-mail: Robert Carangelo, Head of Design, 212 726-6370, Robert.carangelo@oup.com.
######################
Michael Wootton
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. HOME SWEET HOME PAGE Web Design Best Practices: Home Page Goals - To be successful at answering the needs of both first-time and repeat visitors, every website home page should meet four goals.http://www.creativepro.com/story/feature/25782.html
TRAVELERS
ABROAD
Pamela York Shawn McGrath Claudio Bacinello
######################################### Now
you can search back issues of PhotoRESEARCHER Newsletter.
On your Web browser go to: http://www.photosource.com/researcher/list.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. Next Week: National Geographic's Victory
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! |
LOOK LIKE A PRO when mailing your next print, ad, or disk: The “Way Less” envelope stiffener will not only create a high-tech look to your project but save you more than fifty cents in postage on an average mailing. (They pay for themselves!) Made of extruded sheets of stiff corrugated polypropylene,
the “Way Less” envelope stiffeners are lint and
dust free, and unlike cardboard are impervious to moisture.
Available in all popular envelope sizes. To learn more, order,
or request a free sample, visit: www.envelopestiffeners.com.
########################### Looking for “Non-Generic”
photos for your next project? ###########################
Benja Iglesis info@benjaiglesis.com www.benjaiglesis.com
Travelwriter Marketletter… for writers and photojournalists. Travelwriter Marketletter is a monthly publication available
online
Ellis Vener
#####################
####################### “You have been
very useful and your newsletter has been an awesome resource!” #######################
########################### To
cancel your subscription, send email to:
********** ##
PhotoRESEARCHER Newsletter weekly newsletter is produced by
PhotoDaily, PhotoSource International, Rohn Engh, Director,
who is solely responsible for its contents. PhotoSource International |
 Alex Bussewitz |
 Garrett Johnson |
 Nick Rogney |
 Mitchell Benson |