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PhotoRESEARCHER |
PhotoRESEARCHER Newsletter for October Week Four # 445D |
KEY WORDS: | Copyright | Right of Disclosure | Visual Art | Non-Profit | Product Releases | Editorial Markets
NEWSWORDS: | Bowing Out | Fair Use Doesn’t Count Here | Annie’s Subjects | It’s The Law – Not | The Full Story | What Was First? | What’s A Wiki? | Even Bad Photos Can Be Good – For Someone
Welcome to PhotoRESEARCHER Newsletter, a weekly newsletter from PhotoDaily, PhotoSource International. Want to read back issues of PhotoResearcher Newsletter? http://www.photoresearchn
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"Moral Rights" May Protect Photographers In Limited Circumstances
By Stephen Filler Esq.
Advance Notes: Although the United States does not generally recognize "moral rights" in legal issues, in some situations "moral rights" will give photographers added protection.
Copyright includes the right to use, reproduce, display, and copy a photograph. If and when the copyright is transferred or assigned, however, a photographer cannot generally control whether he or she will receive credit for the photo, or whether the work may be changed -- unless the recipient so agrees.
ARTISTIC MUSCLE POWER
The situation is different in countries like France, that recognize moral rights. Known in French as "droit moral," moral rights give artists the perpetual and non-assignable right to be credited as the creator of the work (the "right of attribution or paternity") and the right to prevent degradation of the work (the "right of integrity"). French moral rights also include the right to determine when a work will be released to the public (the "right of disclosure") and, with certain conditions, the right to recall the work from the public (the "right of withdrawal"). In a famous example in 1995, the heirs of director John Huston prevented a French broadcast of a colorized version of "The Asphalt Jungle" because such colorization violated Huston’s "right of integrity" in the movie.
In 1990, Congress created limited moral rights in the U.S. when it amended the Copyright Act with the Visual Artists Rights Act ("VARA"). 17 U.S.C. Section 101 et. seq. VARA created a limited rights of attribution and integrity in "works of visual art," existing for the life of the artist. To be eligible for protection, the artist must be of "recognized stature," or the artist’s "honor or reputation" must be prejudiced by a modification of the work. A "work of visual art" is limited to a work produced in a limited edition of 200 or fewer copies, numbered and signed by the artist. Photographic stills must be "produced for exhibition purposes only, existing in a single copy that is signed by the [photographer], or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the [photographer]."
"Works of visual art" do not include works made for hire, or works that are utilitarian, promotional or used for advertising.
IT DEPENDS
A recent New York case held that works created for political purposes are "promotional" and not protected by VARA. Joanne Pollara, an artist, created a large banner, supporting legal services for the poor, on behalf of the Gideon Coalition, a non-profit organization advocating for indigent legal services. As part of Gideon’s lobbying efforts, it displayed the banner at an information table near the Statehouse in Albany, without a proper permit. After a state employee removed and tore the banner, Pollara sued, claiming that the banner was deliberately destroyed in violation of VARA.
Want to read more of this article? Go to http://www.photosource
.com/researcher/mar004a.html
Leatha Robinson
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Are They Always Necessary? Product Releases
Let’s talk about product releases. Say a photographer took a picture of a vintage automobile that was being displayed at a 'cruise in' with many other cars. Today, the photograph is being considered for purchase by an art gallery. Does the owner of that car need to sign a release, in order for the photographer to be able to sell the photo to a gallery? Also, the gallery, in turn, will have the photo for sale. Since this vehicle is not being used for endorsement of a product, how liable is the photographer or the gallery? This is a good example of a decor/calendar photo. Marketing decor/calendar photography is quite a different area than marketing editorial photography. PhotoSource International focuses on how-to marketing information for editorial photography. In my books and articles, I make a strong recommendation: that photographers who are interested in capturing meaningful photos and seeing them published often, would do well to stay away from decor (wall art/calendar art) photography. Pursuing editorial markets, rather than paper product markets (calendars, posters, place mats, puzzles, post cards), involves none of the pesky model and property release problems and questions that are associated with the latter. My calendar-art friends tell me that yes, there are many property owners that are quite negative about having a photo of their property (auto, house, horse, etc.) used for these kinds of paper products or sold for wall art. In rare cases, they have been known to place an injunction on the calendar, place mat, puzzle, etc. The publisher of the paper product or the gallery owner is usually aware of this potential, and depending on their experience and track record, will already have their own rules and requirements about property and model releases. Want to read more of this article? Go To http://www.photosource.com/researcher/mar012c
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Judy Y. Mundy
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BOWING OUT . Kodak bowing out of Olympic sponsorship picture Photography icon Eastman Kodak Co. said it is ending its role as a top corporate sponsor of the Olympics after next summer's games in Beijing. http://the.honoluluadvertiser.com/article FAIR USE DOESN’T COUNT HERE . Photojournalism and "fair use": Fitzgerald v CBS Broadcasting - A case recently decided by a Massachusetts court. http://www.epuk.org/ ANNIE’s SUBJECTS . Leibovitz exhibit captures the humanity in all of her subjects. Three official portraits of Queen Elizabeth II went on display Saturday alongside Annie Leibovitz's signature celebrity photography in a 15-year retrospective exhibition of her work at the Corcoran Gallery of Art in D.C. http://www.newsob IT’S THE LAW – NOT . California Adopts New Right of Publicity Law - A controversial bill granting retroactive rights of publicity to dead celebrities in California has been signed into law by governor Arnold Schwarzenegger. http://www.pdnonline.com/pdn/newswire/ THE FULL STORY . WoodWing's Smart Newspapers - Introducing Blended Media for Newspaper Publishers - "We're calling this concept 'blended media', because newspapers today can't just rely on the printed page to tell their story," said Erik Schut, President of WoodWing Software. "They have to use all forms of media -- print, Web, video and audio -- to reach their audience. http://www.creativepro.com/ WHAT WAS FIRST ? 10 of the World's Photography Firsts - What is the world's first and oldest photograph? How about the first color photograph or the first photograph from space? http://rising.blackstar.com/10-of-the-worlds- WHAT’S A WIKI ? Visual Ideas Combined With Technology; It Takes A Wiki - wiki is a special kind of website that lets users collectively add and edit content. If you want to create your own online wiki take a look at Wetpaint. (www.wetpaint.com). http://shutterbug.com/web_profiles/0907web/ EVEN BAD PHOTOS CAN BE GOOD – FOR SOMEONE . Realtor Uses Competitors' Bad Photography To Win Business - Canadian broker, Norm Fisher has compiled a hilarious virtual tour complete with dead-pan commentary of the worst pictures he's found in the MLS. http://realtytimes.com/rtapages/
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PhotoRESEARCHER Newsletter monthly newsletter is produced
by PhotoDaily, PhotoSource International, Rohn Engh, Director,
who is solely responsible for its contents. PhotoSource International
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The Video Shows You How See exactly how a photobuyer finds pictures by using the PhotoSourceBANK. Check out our brief video that shows researchers and photobuyers the simple and quick system that leads directly to photographers who have the pictures they need. Finding a specific content photo using the Internet . (this link is www.photosource.com/theater)
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Jon Hill ####################
DO YOU LIKE OUR NEWSLETTER? Give us a quote. Let us know what you think. Send us a brief note for our quotes section. Attn: “Quotes” daisy@photosource.com
PhotoResearcher, get a handle on this easy way to post your photo needs and get fast results, from a select group of professional photographers. Check out our brief video that takes you through three simple and quick steps to locate the photos you need. Finding a hard – to – locate photo using the Internet.
#################### For photo researchers, the Internet has finally matured... Say good bye to long, harrowing, frustrating searches when you need an EXOTIC, UNIQUE, HISTORICAL, CELEBRITY, SCIENTIFIC, HARD-TO-FIND photo. Now you can use the Internet to quickly locate the source of a hard-to-find image, and save yourself tons of labor and time. And it's FREE. Here's how: Step 1: Using the popular search engine, Google, type in the words or phrase that describes the picture you need. Step 2: Then type a space (on the same line), and then the word, photosource. (We have a million and a half text descriptions of available photos.) Step 3: The source (or sources) of the photo you need will appear on your screen. You can be sure you will be dealing with a qualified photographer. Click on his or her name. When their page comes up, scroll down the page of text until you see your request highlighted in red. Step 4: Phone, fax, or e-mail the photographer and request a digital sample (or lightbox) to view the image choices. You deal directly with the photographer for payment for the use of the photo. No middleman fees. For a fast check on how this works, go to Google and type one of the following phrases into the search bar: To locate a particular town or village: Summerland Key, Florida photosource To find an exotic weed, or flower: Ageratum houstonianum photosource An historical event: Emperor Haile Selassie Lighting Bonfire photosource To find a geographical location: New Hampshire covered bridge photosource - - - - - - - - - - - - - - We’re seeing that the Internet can be a powerful tool for quick and easy photo research.
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Jim West ####################
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 Dena Torgerson |
 Brad Freeman |
 Antonio Verahaus |
 Lacy Drinkwine |