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PhotoRESEARCHER |
PhotoRESEARCHER Newsletter for November Week Three # 446C |
KEY WORDS: | SPAM | anti-spam software | unsolicited e-mails | hard drive | backup | broadband connection | DSL | CompUSA | Certificate of Authenticity | SoftwareToGo | Elvis Presley | District Court | The Definitive Elvis | copyrighted materials | movie clips | Fair Use | license | transformative | overturn | Lost Images | Book Publisher | Getty Images | Digimarc | Vintage Photos | Historic NYC |
NEWSWORDS: | Do You Know Where Your Images Are? | Big Dollar | In Book Form | Peek At The Proofs | Last Photographer Standing | Geographical Getty Gatherings | Super Crawler | Museums Get 15 Minutes Of Fame | New Photography Exhibit Opens In Yosemite | A Look Back Then |
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OnLine…SPAM Revisited
By Bill Hopkins
Advance Notes: Does it seem that, even with good spam filters, you still get a lot of spam? Well, it's no surprise.
Most of the major senders of unsolicited e-mail first run their potential e-mail message through several anti-spam software programs (the kind you and I buy, and the kind that run on servers) to see if it will get through. And if it doesn't, well, they tweak it until it does. That doesn't mean you should give up your spam filter, but it can help explain why every so often, you think the filter's not working 'cause you're getting a lot more spam than you did last week. You probably are (at least until the anti-spam folks update and distribute a new set of definitions, then it starts all over again). Cat and Mouse, anyone?
AND WHILE WE'RE ON THE SUBJECT
The so-called "Buffalo Spammer" has been convicted in New York. He faces 2 to 7 years in prison. This case was the first filed by that state's Attorney General under New York's recent identity-theft statute. He had stolen the identity of several persons (two were in Buffalo, NY, hence the moniker) and used the information to open Earthlink accounts and send a total of more than 825 million unsolicited e-mails.
ELECTRONIC DELIVERY OF SOFTWARE
By now we're all pretty familiar with full-program software downloads and updates/patches from the Internet. And it works pretty well. There are a couple of issues, though. One is that unless you burn your own CD, if your computer hard drive fails, there goes your software (backup strategy, anyone?), and you don't generally get that fancy Certificate of Authenticity. And if you're not on a broadband connection (such as cable or DSL), the download can sometimes take forever. Of course, for any new title, you can always run down to the computer store and, if it's in stock, buy it right there.
Well, now you can go to a CompUSA store (most stores should be outfitted by now) and purchase the CD right on the spot. Yep, touch a few buttons on the ATM-like machine, and in a few minutes it generates the CD with full-color packaging and publisher's Certificate of Authenticity. Over 200 software publishers (including 5 of the top 10) comprising over 1,000 titles are available on the SoftwareToGo machine. You can search titles by product name, category, publisher, price, and more. This system, which will also appear in other retail chains (CompUSA is the first), allows the retailer to always have the product in stock, and to offer more titles than would be possible with the limited shelf space in most stores. If you use, or have already used this system, write me and let me know how it went. Of course, I also remember a nifty music store kiosk called Personics, where one could select songs from any listed artists and record to audio cassette on the spot. Unfortunately, that vanished a long time ago from the retail floor. Maybe the SoftwareToGo systems will have more staying power.
Bill Hopkins is the Webmaster of PhotoSourceFolio* (www.photosourcefolio.com) and a regular contributor to PhotoStockNotes. Send comments via e-mail to wh@photosourcefolio.com. Fax: 1 818 831-0916. For on-line questions, contact Bill on the Kracker Barrel at www.photosource.com/board.
Victor Englebert |
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Elvis Presley's legacy - alive and protected!
by Joel Hecker Esq. To what extent, if any, can photographs, film clips and music be safely used in a biography without permission from the copyright owners of such material? The courts have grappled with this issue on a number of occasions with differing results, depending upon the actual facts. The latest court to consider the issue is the United States Court of Appeals for the Ninth Circuit, which upheld a District Court decision finding that such use was, indeed, copyright infringement. The case, Elvis Presley Enterprises, Inc. (and others) v. Passport Video (and others), concerned the production and sale of a sixteen-hour-long video documentary divided into sixteen one-hour episodes, about the life of Elvis Presley. It sold for $99 at retail. Appropriately enough, it was titled The Definitive Elvis. The promotional material and packaging described it as "an all-encompassing in-depth look at the life and career of a man..." Unfortunately for the defendants, their use of some of the copyrighted materials, such as television and movie clips, still photographs and music, was not limited to brief or short uses, nor were they extensively used with added elements such as narrative voice overs. As a result, the Circuit Court of Appeals, in a 2-1 decision rejected the defendants' Fair Use defenses, and upheld a preliminary injunction barring the sale or distribution of the material pending a trial on the merits. The Court found the use to be clearly commercial in nature, which seeks to profit directly from the copyrighted material used without a license. It further found that the use was not consistently "transformative." That is to say, many of the clips were validly used only for a few seconds for reference purposes with narrative talk-over, but other clips and material were played without interruption beyond the scope of reference. Want to read more of this article? Go To http://www.photosource.com/researcher
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Robert Sena
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. DO YOU KNOW WHERE YOUR IMAGES ARE? Corbis Found Liable for Lost Images - A federal court judge in New York has ruled that sloppy record keeping caused Corbis to lose 12,640 transparencies belonging to photographer Chris Usher. http://www.pdnonline.com/pdn/newswire/ BIG DOLLAR. Moodboard:Sells first image at over $1000 - moodboard have sold their most expensive Royalty free image to-date, the image sold for over $1000.00. They believe it is the most expensive single image sale in the http://www.stockphotographer.info IN BOOK FORM. Emerging Book Publisher : Blurb - An online application for self-publishing high-end art books Blurb grew out of Gittins's own frustration at getting her pictures published. http://www.popphoto.com/photographynewswire/ PEEK AT THE PROOFS. Ansel Adams' photo proofs on view - They are photos Ansel Adams never intended anyone to see but thanks to some connections and a quirk of inheritance law, and over the objections of the trust that controls use of Adams' work, the few dozen 5-inch-square proofs are now on display at a small museum. http://news.yahoo.com/s/ap/20071111/ LAST PHOTOGRAPHER STANDING. In the new television show The Shot, VH1's new stab at the America's Next Top Model market, ten budding fashion photographers are pitted against one another for a shot at the grand prize of $100,000, a spread in Marie Claire, and a national ad campaign for Victoria's Secret. http://www.popphoto.com/photographynews GEOGRAPHICAL GETTY GATHERINGS. Getty Images submitted this week a new SEC filing for Q3/2007 (compared here to the appropriate earlier one for Q2/2007) which breaks down in the fine-print the geographical revenues more in detail than the official Q3/2007 statement. http://www.stockphototalk.com/phototalk/ SUPER CRAWLER. Digimarc Teams with BD-BrandProtect for Enhanced Image Search and Digital Watermarking Capabilities. he sophisticated ImageBridge tracking system from Digimarc, now enhanced by services from BD-BrandProtect,... crawls the broad Internet as well as specific URLs provided by customers to search more than 200 million images each month. When it locates digitally watermarked images, Digimarc delivers reports back to digital image and brand owners. http://www.finanznachrichten.de/nachrichten-2007 MUSEUMS GET 15 MINUTES OF FAME. Foundation gives Warhol photos to Henry Art Gallery. The Andy Warhol Foundation for the Visual Arts will be donating Warhol photographs to more than 180 college and university museums. http://seattletimes.nwsource.com/html/thearts NEW PHOTOGRAPHY EXHIBIT OPENS IN YOSEMITE. “Yosemite in the Sixties: Climbing Life Through the Lens of Glen Denny” consists of 83 historical black and white photographs chronicling his climbs between 1961-71. http://www.mymotherlode.com/News/ A LOOK BACK THEN. Exclusive, Vintage Photos of Historic NYC Available to the Public for the First Time from Famed Optician. The photographs depict what life was like for immigrants. They were taken by Sol Moscot, and provide a rare glimpse back in time to the eclectic Manhattan neighborhood and Moscot's namesake, Hyman Moscot, in the 1930s, 1940s and 1950s. http://www.prweb.com/releases/2007
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Want to Invite Google to Index your Web Page? The search engine, Google, adds and updates new sites to its index each time it “crawls” the Web. Google invites you to submit your Web page’s URL. They don’t add all submitted URLs to their index, and they cannot make any predictions or guarantees about when your website will be indexed. But it’s worth giving it a try. To add your website: http://www.google.com/addurl TIP: Set up a blog on www.blog ger.com and post to it regularly. Mention various pages on your site from time to time. Create links to them too. Blogger is owned by Google and the links in your blog will get indexed quickly.
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PHOTOBUYERS! Send us your photo need. You’ll find us at www.photosource.com/ On the upper right (white letters, blue background) click and fill out the form. ( No registration, no password needed…only your email address. Other options: FAX (800) PhotoFax (746-8632) E-Mail: eds@photosource.com Phone: (800) 223-3860 Correspondence Attn: PhotoDaily/PhotoLetter Editor, Lela LaBree. PhotoSource International, 1910 35th Rd, Osceola, WI 55020
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White Mailers Sending a disk or slides? Look like a pro. Stiff white cardboard mailers are available at: MAILERS, 575 Bennett Rd, Elk Grove Village, IL 60007, Attn: Pat Pulver; http://www.mailersco.com/ . Phone: 1 800 872-6670. Fax: 1 847 731-2603.
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Jon Hill
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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. Efrain M. Padro Frank Nowikowski Barbara Adams John Whiteley Fred J. Eckert David Smith Alf Jacob Nilsen
446C
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 Dena Torgerson |
 Brad Freeman |
 Antonio Verahaus |
 Lacy Drinkwine |