PhotoRESEARCHER
PhotoRESEARCHER Newsletter
for October Week Two # 445B

KEY WORDS: | Perfect 10 v. Google | Models | Copyright Office | Google Image | 1099 Forms | ASPP | IRS | PhotoSourceBANK |

 

 

NEWSWORDS: | Build A Bigger Lock. They'll Build A Bigger Hammer | Uncle? | Use My commercial Photo? Not Without Permission | Archeology | Film Forever? | magazines 'Can-Do' Attitude | So Sorry | Film Still Prevails. But For Certain Applications | Protect Your Commercial Photos |

 

 

 

Welcome to PhotoRESEARCHER Newsletter, a weekly newsletter from PhotoDaily, PhotoSource International.

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ews.com/

 

 

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Perfect 10 v. Google
The Latest Saga

by Joel Hecker Esq.

As you may recall, in my May 2006 column, I reported that Perfect 10 had obtained a preliminary injunction against Google, Inc.

The case, Perfect 10 v. Google, Inc., brought in the United States District Court for the Central District of California, concerns Google’s image search function in the form of thumb nail size images as part of its search engine services.  As stated by the District Court, it “arises out of the increasingly reoccurring conflict between intellectual property rights on the one hand and the dazzling capacity of internet technology to assemble, organize, store, access, and display intellectual property ‘content’ on the other hand”.

Perfect 10 publishes an adult magazine and operates a subscription website which features “high quality, nude photographs of ‘natural’ models”.  It has invested $36 million over the past nine years to develop its brand, which included photographing over 800 models and creating over 6,000 high quality images, which have been registered with the Copyright Office.

KING GOOGLE

Google is of course the king of the search engines.  It indexes web sites on the internet via a web crawler.  Google, as part of its activities, displayed thumb nail versions of images found on the Perfect 10 website.  Google admitted it displayed these thumb nail versions but argued that such use is considered fair use under the Copyright Law.  In particular Google relied upon the prior Ninth Circuit Court of Appeals decision in Leslie Kelly v. Arriba Soft Corp.

NEW MARKET

The District Court, on a preliminary injunction motion, ruled against Google, finding that the use of the thumb nail images in this instance probably constitutes copyright infringement.  The opinion differs from Kelly largely because the District Court determined that Perfect 10 was able to establish that it had created a new market for these thumb nail size images of its nude photos.  This new market arises out of the fast developing technology which permits downloading of images onto cell phones.  The District Court found the availability of the same images in the same size on the Google Image Search would more than likely impact upon Perfect 10's market and therefore decrease its sales.

The Ninth Circuit Court of Appeals has now vacated the preliminary injunction issued against Google’s use of these thumbnail versions of Perfect 10's images, but also reversed the District Court’s denial of Perfect 10's claims that Google was secondarily liable for infringement of Perfect 10's full-size images.

Want to read more of this article? Go to http://www.photosource.com/researcher/legal150a.html

 

  

Tough Assignment? We Can Help!

Susan Degginger
susan@color-pic.com 

 

 

Register That Copyright

The stock agency, Masterfile, this year won a $46,816.91 Internet copyright infringement suit. The District Court of New York ruled in favor of Masterfile in its suit against J.V. Trading, a dealer in Asian food products whose promotional website displayed eight of Masterfile's copyrighted photographs from 2002 to 2005, all without license.

ANTICIPATION

Back in November of ’ 99, congress saw the great potential of copyright infringement and increaed the penalties for infrinegement. By passing the "Digital Theft Deterrence and Copyright Improvement Act of 1999". The Bill amends section 504 {c} of the Copyright Act to increase the minimum statutory damages a court can award from $500 to $750, to increase the maximum from $20,000 to $30,000, and to increase the maximum amount in the event of willful infringement from $100,000 to $150,000, for each infringing act. The Bill also deals with adjustments to the sentencing guidelines for criminal copyright infringement to reflect the dollar retail value of the infringed goods or works.

LESSON: Register your publication contents with the Copyright Office in Washington, DC within three months of first publication or prior to the infringing act. This is a prerequisite to being eligible for an award of statutory damages and attorneys ’ fees. If a court agrees with the infringement claim, you ’ ll still receive monetary compensation, but not to the extent you would if you would have registered your copyright with the Copyright Office.

For more information about copyright for publications: http://www.copyright.gov/circs/circ1.html#rp

 

 

 

Filing Those 1099 Forms

Advance Notes: It’s important for freelance entrepreneurs to familiarize themselves with the steps they can take to keep their taxes to the legal minimum. Our tax consultant, Julian Block, gives expert advice on tax issues like the example below.

Question: In addition to my stock business, I've authored photo and software instruction books, and I also do photo decor books. Presently, I am represented by two agents -- one for books, and another rep for my decor work. Under the contracts with my agents, each gets a percentage of my earnings.

When filing time rolls around, both agents send me 1099 forms, and I understand that copies also go to the Internal Revenue. The 1099 forms show what money they have sent me during the year in terms of advances, royalties received from publishers, and other payments related to my books or decor contracts. But they do different kinds of bookkeeping!

One agent's 1099 lists the gross (full) amount she received from clients as my income; that is, she does not allow for the commission subtracted by her up front before sending a check for the balance to me. The other one handles things differently; his 1099 lists only the net payment (after commission) he actually sent to me.

How should I report these payments on my return? I know that I have to include payments received from agents in the total figure shown on line 1 (gross receipts) of Schedule C of Form 1040, but I'm not sure which figures to report!

Answer: Let consistency be your guide. The amount of income you declare should be consistent with the figures shown on your 1099 forms. Otherwise, the Revenue Service's ever-vigilant computers might go bananas, with unpleasant consequences to you.

Want to read more of this article? Go to http://www.photosource.com/researcher/txtct101d.html

 

 

 

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This week's featured photographer on PhotoSourceFolio:
James Norton (http://folio.photosource.com/2809) ######################

 

 

 

We Specialize in Hawaii

Jean-Philippe Soule
AROUND THE WORLD IN A VIEWFINDER
photo_ps@jpsviewfinder.com
http://www.jpsviewfinder.com
 

 

 

 

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.

BUILD A BIGGER LOCK. THEY'LL BUILD A BIGGER HAMMER. Identyifying photo infringement can be prevented, but it can also backfire. At your website, an unidentified crawler bot can easily perform a number of site sweeps. We are all cautious of data-mining and extraction software that scours sites for personal information or email addresses. http://www.selling-stock.com/?p=2155

UNCLE? SAA represents Artists Groups in Dialog with Getty Images - Getty Images Pledges Revisions to $49 "web res" License to Address Concerns. http://www.stockphotographer.info/
content/view/598/92/

USE MY COMMERCIAL PHOTO? NOT WITHOUT PERMISSION. One moment, Alison Chang, a 15-year-old student from Dallas,is cheerfully goofing around at a local church-sponsored car wash, posing with a friend for a photo. Weeks later, that photo is posted online and catches the eye of an ad agency in Australia, and Alison appears on a billboard. http://www.nytimes.com/2007/10/01/technology/
01link.html?_r=1&adxnnl=1&adxnnlx=119126060
2-yRsusqZ5hTBUKofg5OlDag&oref=slogin

ARTIFACTS SELL. Modern Photography in a Brand-New Space. Since its 2003 survey of Thomas Struth, the Metropolitan Museum of Art has been getting serious about photography. In 2005 it presented a Diane Arbus retrospective and, in a stunning move, acquired more than 8,500 works by absorbing the Gilman Paper Company Collection. http://www.nytimes.com/2007/09/28/arts/design/28
mens.html

ARCHEOLOGY. SitesandPhotos.com, the only archeological media bank, has begun a joint venture with Albatross Aerial Photography to add Aerial Photos to their media bank and work together on future archeological documentation projects. http://www.stockphototalk.com/the_stock_phot
o_industry_/

FILM FOREVER? Film Still Popular Among the Pros. Photojournalist Chris Usher usually relies on digital technology. When he wants something special, though, he reaches for a film camera. http://news.lycos.com/dynamic/stories/P/PHOTOGR
APHERS_FILM?SITE=LYCOS&SECTION=HOME
&TEMPLATE=DEFAULT

MAGAZINES 'CAN-DO' ATTITUIDE. "There are good reasons why magazine owners should not feel despondent as many of the pleasing characteristics of magazines cannot be matched online", says The ECONOMIST. http://www.pdnonline.com/pdn/newswire/
article_display.jsp?vnu_content_id=1003648734

SO SORRY ! "I Shut Down The Little Rock Airport", photographer says. http://www.sportsshooter.com/news/1833

FILM STILL PREVAILS. BUT FOR CERTAIN APPLICATIONS. Kodak Survey Shows that Professional Photographers Remain Ardent Users of Film – According to the U.S. survey results, more than two-thirds (68 percent) of professional photographers prefer the results of film to those of digital for certain applications. http://www.creativepro.com/story/news/25929.html

PROTECT YOUR COMMERICAL PHOTOS. Digital Watermarking Alliance Grows to 17 Members - "The Digital Watermarking Alliance has had a good first year, growing from 12 founding companies to 17 organizations serving the commercial and government markets with digital watermarking applications and products," said John Utley, vice chairman of the DWA. http://www.creativepro.com/story/
news/25941.html

 

 

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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

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.

## PhotoRESEARCHER Newsletter monthly newsletter is produced by PhotoDaily, PhotoSource International, Rohn Engh, Director, who is solely responsible for its contents.
For information about PhotoSource International:
http://search.photosource.com


To make a photo listing:
(no charge)
1 800 223 3860 or 1 800 624 0266
ask for Lela LaBree
eds@photosource.com

Next Week: $60,000 Infringement Case

 

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!

 

**********

## PhotoRESEARCHER Newsletter monthly newsletter is produced by PhotoDaily, PhotoSource International, Rohn Engh, Director, who is solely responsible for its contents.
For information about PhotoSource International:
http://search.photosource.com

PhotoSource International
1910 35th Rd
Osceola WI 54020
1 800 624 0266

Better Information

Send me information about how I can list a photo need. http://www.photosource.
com/photoneed 1 800 223 3860

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­ 1 800 223 3860

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group.com/QAphotobuy
ers.htm 1 800 223 3860

 

 

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Kevin Klein Photography
 kevin@kevinkleinphotography.com
http://kevinkleinphotography.com

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THE AMERICAN SOCIETY OF PICTURE PROFESSIONALS (ASPP) has named Nancy E. Wolff as its 2007 Picture Professional of the Year. Ms. Wolff is a well-known figure in intellectual property, digital media and copyright circles. She is a partner at the entertainment law firm of Cown, DeBaets, Abrahams & Sheppard in New York City . Her clients include trade associations, the Picture Archive Council of America (PACA), PLUS Inc., stock photo libraries, individual photographers, authors, illustrators, designers, publishers and digital media companies. She will be speaking at the ASPP DC/South chapter on October 10, 2007 , where she will present the latest in copyright law, illustrating from real case examples. Topics will include what copyright protects and for how long, fair use, what is an infringement and what is not, and how the Digital Millennium Copyright Act can be used to remove infringing works from the internet. For more information: http://www.aspp.com

 

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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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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


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"A little nonsense now and then, is cherished by the wisest men."
- Roald Dahl

 

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Let Google find your stock photos for you

Scanning through dozens of off-target images can be time-consuming and eye-wearying, not to mention frustrating.

A better way

In the Google search bar, type a phrase or several words that best describes the picture you’re looking for. Then type a space and then the word photosource. And click.

You’ll arrive at the PhotoSourceBANK. Your selection will appear (in text) on a page with the name and contact info of a photographer whose files include coverage of the subject matter you request. Contact the photographer to receive a lightbox selection of target images for you to review for consideration. Or, if the photographer is also a member of PhotoSourceGROUP, an icon will appear, that when you click on it will take you to an immediate view of the target photo or photos, ready for downloading.

 

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Always Putting the Client First

Beryl Goldberg
Beryl Goldberg Photography
berylgphoto@aol.com


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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 ABROAD

Photobuyers: Watch this column. For the e-mail address, phone or fax number of the traveling photographer, call the PhotoSource International office and ask for Rohn Engh (1 800 624-0266). For an expansion of this list: www.photosource.com and press the Travelers Abroad button, to learn of past international destinations of our photographers.

Henry Westheim
August 22 – September 1, 2007
Philippines
September 1 – November 21, 2007
Taiwan
November 21 – November 25, 2007
Thailand

Sergio Burani
September 19 – October 11, 2007
Italy

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445B

 

           


Dena Torgerson

Brad Freeman

Antonio Verahaus

Lacy Drinkwine