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PhotoRESEARCHER |
PhotoRESEARCHER Newsletter for October Week Five # 445E |
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KEY WORDS: | Acronyms | EP | ASMP | APA | PPA | SAA | ASPP | PACA | CEPIC | NPPA | NANPA | Organizations | Non-Profit Organization | Pat Hunt | Model Release | Antiquities | Inform Or To Educate | Editorial Photography | Monetary Rewards | Researchers | Copyright Notice | Light Box
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The Legal Aspects of Photographing Antiquity
Advance Notes: In a public place (whether admission is charged or not) it's possible to photograph freely. Only if the photographer is actually trespassing would there be problems with the law. However, in foreign countries, photographers and publishers may encounter restrictions regards photos in public places that are more rigorous than in the States.
The necessity for a property or model release is dictated by a photo's eventual use. If photos are used for editorial purposes (not commercial use), model releases are not required.
ANTIQUITIES
In the case of the pyramids, the Siq, Jordan biblical sites, the Minoan palace at Knossos, Crete, the rock Tombs at Petra, and the like, whether the photos are of the inside or outside the site, no model or property release is required if the pictures are used to "inform and educate" (editorial use). Only when the picture is to be used for a commercial purpose would releases be needed. This would apply to pictures at archaeological digs, as well.
The confusion over whether a public object can be photographed and published, most usually comes from persons who arrive at the stock photography industry through the commercial door rather than through the editorial door. For example, photographers who have worked for a newspaper most of their career, know that model or property releases are not needed if the photo is to be used "to inform or to educate." Conversely, photographers who have worked in the commercial or advertising sector, e.g. corporate, advertising, and graphic art services, know that any photo used for endorsement or advertising purposes most always requires a model or property release.
Here at PhotoSource International, our emphasis is on editorial photography, and most of our markets, such as magazine and book publishers, maintain an editorial focus.
Want to read more of this article? Go To http://www.photo
source.com/ researcher/dec003a.html
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Bill Morgenstern |
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Those Helpful Acronyms . . . Alphabet Soup By Pat Hunt Advance Notes: Do you ever feel like you are using secret code when talking about professional photography? Our business is peppered with abbreviations that begin to sound like a list of computer file names. Most of these acronyms stand for photographic trade organizations, formed to offer services of all kinds to aid the working pros, agents, clients, buyers and researchers. EP, ASMP, APA, PPA, SAA, ASPP, PACA, CEPIC, NPPA, NANPA The following lists some of the most well-known organizations, along with their websites, their mission statements, and basic services. If you have yet to join one of these organizations and are a working pro, you will find it valuable to peruse their websites and learn about all the assets available to you to help you run your business. These groups also offer networking and educational opportunities, along with pricing guidelines, business practices, help, and workshops. The Editorial Photographers website (www.editorialphotographers.com) offers even a longer list under "Trade Groups." EP - Editorial Photographers: "Editorial Photographers is a non-profit organization dedicated to the business of editorial photography. We maintain an Internet discussion forum, exchanging information on business practices, copyright and contract concerns. There are useful resources such as sample business forms and publisher contract reviews. Our mission is to educate photographers about business issues, and advocate fair contracts from publishers, and to find positive solutions to problems within the industry." www.editorialphoto.com is a source for free resources like price estimators, education, outreach, consulting, production and Stock Photo Basics. ASMP - The American Society of Media Photographers: "ASMP promotes photographers’ rights, educates them in better business practices, produces business publications, and helps buyers find photographers. ASMP promotes high standards and ethics, and is active in copyright, combating work-for-hire, providing legal advocacy and lobbying." www.asmp.org offers industry news, a gallery, education programs, business resources, legal resources, buyer resources, publications and a code of ethics. Want to read more of this article? Go To http://www.photosource.com/
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Robert Cranston
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. DEFENDING THE FIRST ADMENDMENT. Supreme Court Upholds Ruling For Peter Turnley, Harper's Magazine - The U.S. Supreme Court has upheld a March 2007 decision of the 10th U.S. Circuit Court of Appeals, which found that Turnley had a First Amendment right to take a photograph of U.S. Army Spc. Kyle Brinlee's open casket at a large public funeral in Oklahoma and Harper's Magazine had the same right to publish it. http://www.nppa.org/news_and_events/ MANIPULATION ACCUSATION. Menezes picture 'was manipulated' - Police have been accused of manipulating a photo of Jean Charles de Menezes so it could be compared to that of one of the 21/7 bomb plotters. http://news.bbc.co.uk/2/hi/ PHOLK PHOTOGRAPHY GETS ITS SHOWTIME. Snapshot exhibit on view in Washington Say Cheese! There's a chance your picture may be hanging in the National Gallery of Art. Curators wanted to chronicle the development of amateur photography from the invention of the Kodak camera in 1888 through changes in technology, styles and subjects of these homemade pictures over 90 years. http://www.charlotte.com/200/story/328183.html CHARITY PHOTOGRAPHER. Smith Fund Names 2007 Grant Recipients - Australia-based photographer Stephen Dupont of Contact Press Images took the top award for his project, "Narcostan: The Perils of Freedom." Dupont, the recipient of the W. Eugene Smith Grant in Humanistic Photography, will use his $30,000 grant to document the lives of drug addicts in Afghanistan. http://www.popphoto.com/photography EYE ON PHOTOGRAPHY. Picture yourself at the library Photography has gone through a sea change in recent years. Digital photography now dominates the market, though there are still some purists who insist that computer pixels will never surpass the quality of film. And even though many digital cameras are "smarter" than their analog ancestors, composing a truly great picture still requires an artistic eye and some technical know-how. http://www.bradenton.com/entertainment EDITING. Wacom's Bamboo Pen - Bamboo Fun includes valuable software applications that embrace pen support and deliver greater control when editing photos or creating works of art. http://shutterbug.com/news/101507wacom/ FINDING THE HARD-TO-FIND. Once, if a client needed an image of a very specific subject or concept, it was assigned. Now, with a glut of stock images on the market, clients will look for -- and usually find -- anything in stock libraries. http://www.pdnpulse.com/2007/10/ OLDE-TYME PHOTOGRAPHY. Impressed by Light: British Photographs from Paper Negatives, 1840-1860 Upon the introduction of glass negatives in 1851, calotypes, an early form of photography in which photographs are printed from thin paper negatives, became outmoded. Yet despite this, some early British photographers continued to make calotypes. http://www.theartnewspaper.com/
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Copyright Primer That “c” with a circle around it, ©, is the familiar copyright notice. On a photo, it alerts readers, and would-be infringers, that the photo is under U.S. Copyright Law protection. Does this symbol need to be displayed on all your photos for you to be protected? In other words, if someone uses a photo without the permission of the photographer, but the photo does not contain a copyright notice, is that person still guilty of infringing? The answer is yes. Someone who uses a photo they see in a publication, without getting the photographer’s permission (let alone paying him or her), is violating copyright, whether or not there’s a copyright notice on the photo. Under current law, photos are protected by copyright whether or not the photographer puts a copyright notice on them. However, the fact that a photo does not have a copyright notice on it may result in a lower damages award, under copyright law’s "innocent infringer" defense.
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Nate Bacon ####################
FAST FIND… Looking for a specific flower, town, rock group? Type the search word or phrase into your search engine’s search bar (Google, Yahoo, MSN, etc.) and then the word photosource. Presto! You’ll find which photographer has that picture in his/her database. *** A free service from PhotoSource International ***
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What is a Light Box? A convenient method for photographers to upload several low-res pictures, and usually 5 or 6. These show up as thumbnails. To view them in larger format, click on the image. These images are for viewing, but rarely used for publication. (Their resolution does not qualify for general publication.) If you want the high-res (or a transparency) of the selected image in the Light Box, contact the photographer directly.
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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/ 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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