PhotoRESEARCHER
PhotoRESEARCHER Newsletter
for January Week Four # 448D

KEY WORDS: | Picture Rights | Copyright Law | Buyer | License | Agreement Letter | Work For Hire | Off-Target Images | Lightbox |

 

NEWSWORDS: | Granparents Banned | Keyword Helper | What You See Is… | Keywords | What’s Next? | Bright Idea | What’s Macro? | I Do | Most Important? | Reunion |

 

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

Want to read back issues of PhotoResearcher Newsletter? http://www.photoresearchn
ews.com/

 

To sign up for our photoRESEARCHER Newsletter, visit us online at:
http://www.photosource.com
/photoresearcher

(If you do not wish to receive the PhotoRESEARCHER Newsletter, please see the instructions at the end of this newsletter.)







 

Your Picture Rights

 

Advance Notes : "If a photographer 'sells' a picture to a client, does the photographer lose their ‘rights’ to that picture?”

 

The Copyright Law (the 1976 revision enacted into law on Jan. 1st 1978) places special emphasis on the above question. A photo belongs to the photographer, from the moment they snap the shutter. The law protects the creator of the "work" (in this case, a photograph) by making the assumption that unless it is otherwise stated in writing, the ownership of the work rests with the creator of the work, not the buyer of the "license" to use it. In other words, if a photographer is on assignment to take specific pictures for a client, and no written statement is made regarding ownership (not just "use" rights) of the resulting pictures -- the photographer owns them.

BACK THEN

In the old days (pre-1976) it was assumed that the client who purchased the license to use the photo, owned the picture. Now it’s considered that when a client "purchases" a picture for use, they are only "renting" the picture for that use. Ownership (copyright) stays with the photographer.

Want to read more of this article? Go To http://www.photosource.com/researcher/oct004a.html   

 

 

 

Tough Assignment? We Can Help!

John Gordon
EyeFathom Photography
jg@eyefathom.com
http://www.eyefathom.com/

 

 

Is Payment Made
For Re-Use Or Not?

The Re-Use Question Went to the Top Court in the Land

 

 Advance Notes : What happens when a publisher re-uses a photographer’s photograph? Does the photographer deserve a second payment?

 
By Joel Hecker, Esq.

Ed. Note: The following traces the background of a test case about this issue, and outlines the outcome.

(July 1999) In my reports in this newsletter on the case of Tasini v. The New York Times, I stated that in my opinion the outcome of this case will determine whether a publisher can re-use photos (or text) for electronic use (digital delivery) without paying an extra fee. Re-use fees, of course, have historically been the norm in the stock photo industry. Along came the Internet, and somehow, many publishers assumed that they didn't have to pay additional fees when they used a photo (from a previous one-time usage purchase or previous freelance assignment) on their website, in online databases, on CD-ROMs, etc.

TO THE SUPREME COURT

The original trial court judgment of the Tasini case held that electronic publication of a freelancer's work was a permissible "revision." A three-judge panel of the Court of Appeals unanimously overturned that ruling in September 1999, and held that The Times and other publishers (Newsday, Time Incorporated, and Lexis-Nexis) were infringing freelancers' copyrights by posting writing and photos on-line without permission from freelancers. The Appeals Court also refused to re-hear a counter appeal by The New York Times et al. The publishers then asked (and got) the Supreme Court to hear the case. As yet, no date has been set for the hearing of the appeal. (Ed. Note: The appeal was heard in July of 2001.)

Want to read more of this article? Go To http://www.photosource.com/researcher/jan012b.html

 


######################
This week's featured photographer on PhotoSourceFolio:

Charles Haynes ( http://folio.photosource.com/3016 )
######################


 

 

We Specialize in Hawaii

Judy Y. Mundy
Mundy Photography
Judyy@nets.com




 


 

Watch for developments in the field of stock photography in PhotoResearcher's Newsletter

PHOTOGRAPHY IN THE NEWS

`````````````````````````````````````````````````````
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.

GRANPARENTS BANNED       a pair of middle aged grandparents were banned for life as "terrorists" for taking a picture of their grandchildren. Britain's high-security Fareham Shopping Centre, a high-value target where photography has been banned for "security. http://www.addict3d.org/news/273521/
High-security%20UK%20mall%20breached
,%20photos%20online!

KEYWORD HELPER             Pharos Debuts Trips & Pics Geotagging Tools - Pharos introduced GPS device and software allow photographers to tag images with location information. http://www.popphoto.com/photonews/
4989/pharos-debuts-trips-pics-geotagging-tools.html

WHAT YOU SEE IS……      CogniSign Expands Revolutionary xcavator.net(TM) Stock Photo Search Portal to 6 Million Images Xcavator.net is unique due to CogniSign's award-winning Intelligent Image Recognition Technology(TM), which enhances conventional text based searches with powerful Image Search tools. http://www.centredaily.com/business/
technology/story/333452.html

KEYWORDS       Dreamstime has a new option, photographers can see the keyword that works best for their images to rise to the top of the list in a search. "Sound recurring keywords (rather than the popular standard keywords) result in successful downloads," said Serban Enache Dreamstime co-founder and CEO. http://www.stockphotographer.info/
content/view/643/92/

WHAT’S NEXT?        The World's First "Office Photography Machine'' at CES 2008 Launched by Ortery Technologies - Imagine walking up to a new office device, placing an object inside, and seconds later walking away with a professional photo for immediate use in all print, web and email communications. http://www.dpreview.com/news/0801/
08010901photosimile5000.asp

BRIGHT IDEA          Neon sign draws industry attention Photographer Becky Morgan wanted a sign for her business,B. Morgan Photography, that would draw lots of attention. Within 15 minutes, asking if they could do a feature article.” http://www.rapidcityjournal.com/articles/
2008/01/15/news/features/doc47754f5a01c7e791030736.txt

WHAT’S MACRO?         Komputer Klinic: Get even closer with macro photography. The term macro photography confuses many people. It conjures images of large, grandiose photos. In reality, macro shots are close-ups of small objects. http://www.eastvalley
tribune.com/story/106618

I DO”        Photography brings couple together. Lisa and J.R. Schnelzer have Nikon photo equipment to thank for their marriage. http://www.greeleytrib.com/article/
20080115/NEWS/650628646/-1/rss02

MOST IMPORTANT?         “All of us in California, were gripped by those horrific images of the raging fires in Southern California. when we had a chance to hear from the victims fleeing their homes, they were usually asked what they grabbed as they were evacuating. Over and over again, we heard the same answer: photographs. http://biz.yahoo.com/cnbc/
080114/21545800.html?.v=5

REUNION       Tears, Passion At National Geographic Photo Summit - Each year the National Geographic summit draws several hundred photographers and editors, including many who have no affiliation with the magazine. http://www.pdnonline.com/pdn/newswire/
article_display.jsp?vnu_content_id=1003695522

 




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.

Gayna Hoffman
January 19 – January 26, 2008
San Juan, Puerto Rico
January 20 – January 25, 2008
Ponce and Guanica, P.R

David Smith
February 1-February 5, 2008
New Zealand
February 9-February 20, 2008
Australia to Bali


#########################################




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: Do You Know The Players?




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

 

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.

 

####################

Better Information

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

[ ] Yes, I want to subscribe to the PhotoResearchers Newsletter https://www.photosource.com/
photobuyer/register.php
­ 1 800 223 3860

Tell me about the PhotoSourceGROUP gallery of stock photos and how I can get on-time delivery of images http://www.photosourcegroup.com/
QAphotobuyers.htm
1 800 223 3860

 

####################

 

Travelwriter Marketletter… for writers and photojournalists.

Travelwriter Marketletter is a monthly publication available online

( http://www.travelwriterml.com ) and in hard copy format. Travelwriter Marketletter is in its 28 th year.

If you’re a travel writer or photographer, TWM tells you about new markets, payscales, editors, specs and trips. Contact Mimi Backhausen Phone: 703-879-6814 Fax: 208-988-7672

If you’re in travel PR, TWM tells you which publications are likely targets.

If you’re a travel editor, TWM tells you about trips, and about your competitors.

If you’re a photo researcher TWM will direct you to travel photographers.




#######################



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.

 

####################

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



####################



Always Putting the Client First

Wolfgang Kaehler
Wolfgang Kaehler Photography
photos@wkaehlerphoto.com
http://www.wkaehlerphoto.com/


######################



DO YOU HAVE A COMMERCIAL WEBSITE?

In addition to your photo research web site, – do you also own a website that offers information, or a product or service? It doesn’t have to do with picture research.

How would you like to earn money on every visitor to your site? You do nothing, your visitor does nothing (they don’t have to buy or click on something) – but you get paid, just by their showing up.

This is a new Internet program that lets you earn money on 100% of your website traffic.

I’ve signed on to use this revenue program. There’s no risk. You can stop the program at any time.

Deadline for sign-up is January 31 st – the program starts Feb. 1 st 2008.

You’ll get in on the ground floor of a lucrative Internet revenue program.

Sound interesting? Click here for a full report that gives you all the details and

how to sign up –- or go to. . . http://www.speakerads.com

After you read the above report, I can coach you through the process or answer questions. 1 800 624 0266. x26

PS: Or maybe you have friends or colleagues who are into Internet Marketing.

Please pass this news on to them.

– Rohn Engh

http://www.speakerads.com

Additional information is at 1 800 429 0677

######################

 

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.

###################


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


#####################


448D

           


Duece Rogney

Brian Bartley

Steve Raska

Cory Western