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PhotoRESEARCHER |
PhotoRESEARCHER Newsletter for March, Week Three #450C |
KEY WORDS: |Digital Age |
Digital Imaging |
Federal Court |
Copyright Infringement |
Propet |
IRS Rules |
ASPP |
Spouse's Expenses |
Deduction |
1099 Form |
Self-Employed | Long Tail |
Welcome to PhotoRESEARCHER Newsletter, a weekly newsletter from
PhotoDaily, PhotoSource International. Want to read back issues of PhotoResearcher Newsletter? http://www.photoresearchn To sign up for our photoRESEARCHER Newsletter, visit us online at: (If you do not wish to receive the PhotoRESEARCHER Newsletter, please
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Another Lost Slide Victory!
by Joel Hecker , Esq.
Advance Notes: Even though we’re in the thick of the Digital Age , cases of loss or damage to original film images still crop up.
As you are undoubtedly aware, before the advent of digital imaging , there were a number of lawsuits arising out of the loss or damage of photographic images, both in negative and slide formats. Since digital imaging has largely replaced the use of film there obviously has been less opportunity for clients to lose or damage original irreplaceable photography. That is not to say, however, that cases do not still occur.
The latest decision concerning the failure to return original images involved a case brought by photographer Lloyd Shugart in Federal Court in Seattle, Washington, against Propet USA, a shoe company. The case alleged claims for copyright infringement , removal of copyright management information under the Digital Millennium Copyright Act, and failure to return original images.
The case also stands for the proposition that one should leave well enough alone when faced with potential adverse consequences of taking action!
A NEW TWIST
The photographer photographed Propet’s shoe products for advertising between 1999 and 2005 pursuant to what he alleged to be limited licenses. When the photographer asked Propet to make payment for using the photographs outside the scope of the usage agreement, Propet sued the photographer for a determination that it had the right to do what it did and to prevent the photographer from licensing the images to anyone else
Propet obviously did not consider the possibility that it had to return the original images to the photographer, claiming it either owned the photographs it paid the photographer to produce, or it had an unlimited license to use them. The photographer then of course counterclaimed for failure to return the images, copyright infringement for use beyond the license terms, and removal of copyright information. The latter claim emanated from the fact that Propet removed certain copyright information contained in the metadata.
The jury, after trial, found for the photographer and awarded actual damages for copyright infringement in the sum of $12,800, $500,00 for statutory damages, another $500,000 under the Digital Millennium Copyright Act and $303,000 for failure to return his original images.
Want to read more of this article? Go To http://www.photosource.com/researcher/152b.html
Susan Degginger |
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Your Questions/Julian Block's Answers Tax Facts for by Julian Block In these tough times , it becomes more important than ever for freelancers to familiarize themselves with steps that can keep their taxes to a minimum - and, of course, keep them out of legal trouble. To help subscribers take year-round advantage of legitimate tax breaks while not running afoul of the IRS rules, we offer some tips from our tax expert and columnist, Julian Block. If you need additional information or guidance in specific areas, you should contact the IRS or consult your personal tax advisor. Julian is available for consultation – julianblock@yahoo.com Question: I went to New York from the West Coast to attend an ASPP members' meeting plus a seminar last spring. I'm pretty sure that I'm entitled to claim some deductions. But what sorts of expenses can I deduct, and can I deduct them totally? Answer: You get to deduct 100 percent of what you spend for the attendance fee, tapes of sessions, books on photo research and the like, plus travel between your home and New York and expenditures for hotels. There's a limitation, though, for meals not covered by the attendance fee, including both what you eat en route and food consumed while you're in New York: Deduct only 50 percent of those expenditures. Question: My spouse (who isn't a researcher and didn't attend the conference) came along on the trip. Any chance that any of my spouse's expenses qualify as deductible? Answer: There's no deduction whatever for the portion of the outlays attributable to your spouse's travel, meals, and lodging - with a limited exception, one that will allow relatively few freelancers to salvage deductions for a mate's travel expenses. To qualify for that exception, these requirements must be met: (1) The spouse (or dependent, or any other individual) accompanying you on business travel is a bona fide employee of the outfit that pays for the trip (in this case, your freelance research business); (2) the spouse has undertaken the travel for a bona fide business reason; and (3) the spouse is otherwise entitled to deduct the expenses. Special tip: Take heart. Some often-overlooked tax relief remains available for lodging costs, even when your spouse, or someone else tags along only for fun. You are entitled to a deduction for lodging based on the single-rate cost of similar accommodations for you - not half the double rate you actually paid for the two of you. Let's say the two of you drive to New York, and you stay at a hotel in New York where rooms go for $200 for a single and $240 for a double. Besides a deduction for the total cost of driving to and from New York (you obviously incur the same driving expenses whether your spouse accompanies you or not), you are entitled to a per-day deduction for your hotel room of the entire single rate of $200, rather than half the double rate, or $120. To help safeguard your deduction in case the IRS questions it, remember to have the hotel bill note the single rate, or be sure to get a rate sheet. Question: Can I deduct money spent for magazines purchased at a newsstand for pre-query research? These are not magazines I'm now researching for but magazines I hope to research for. And if I can: Where on Form 1040 do I list those deductions? Answer: The law allows you to deduct business-related publications, and these magazines are in that category. Like your other photo research expenses, you claim them on Schedule C (Profit or Loss From Business) of Form 1040. Question: I went to a get-together with some fellow work-at-home colleagues. There wasn't a speaker; it was more of a social event. But I see it as networking with my fellow professionals, and most of the talk was about work-related issues. Can I take a business-expense deduction for the cost of getting there? How about my cash contribution to the refreshments for the group? Answer: The event does qualify. You're entitled to claim the entire cost of round-trip travel between your home and the site of the gathering. For travel by bus, train, or taxi, just keep track of your fares and claim them as business expenses; for auto travel, you can claim actual expenses or a standard mileage allowance. Whether you claim actual expenses or use the mileage allowance, remember to deduct parking fees and bridge, tunnel and turnpike tolls that you pay while you are on business, too. As for other outlays, they fall into the category of meals and entertainment; like the food consumed on that trip to New York, they're only 50 percent deductible. Want to read more of this article? Go To http://www.photosource.com/researcher/txtct48e.html ######################
Edward Ewert
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. csmatthys@frontiernet.net RESEARCH FIND A rare photo has been found by researchers of a young Helen Keller with her teacher Anne Sullivan, nearly 120 years after it was taken on Cape Cod and tucked inside a family album. http://ap.google.com/article/ALeqM5jx5UkYp5N1m SORRY ‘BOUT THAT . China Eats Crow Over Faked Photo Of Rare Antelope – China's state-run news agency issues public apology for publishing doctored award-winning photo. http://online.wsj.com/article/SB120363429707884255.html?m NOT YOUR USUAL CATALOG PHOTOS . A new fine arts photography website, PHOTOby,in France, dedicated to the Masters of Nature Photography, such as JIM BRANDENBURG and VINCENT MUNIER has opened its doors for fine arts prints and limited editions. PHOTOby offers the possibility to order on line custom made fine-art prints, each signed by the photographer. http://www.photoby.fr HIS PICTURE ON A COFFEE CUP . The soldier was photographed by an unspecified photographer, and the photo (or photos) of Curran became widely republished. Erik is now suing numerous defendants for violations of his publicity and privacy rights based on these republications. http://blog.ericgoldman.org FREE ENTERPRISE . Lawmakers Endorse Newspaper Photo Access. Illinois State lawmakers gave early approval to a law that would allow newspapers to continue selling pictures from high school state championship tournaments without restriction. http://www.dailyherald.com/story/?id=148614&src=109 DON’T TAKE MY PICTURE! U.S. Military Restricts Google Maps . The U.S. Department of Defense put Google on the defensive last week when it issued a communique to make it clear that the roving photographic vehicles Google uses to acquire Google Maps Street View images aren't allowed on U.S. military bases. http://www.informationweek.com SPECIAL GUEST . Ww I Veterans Portrait Exhibit At Pentagon. Frank Woodruff Buckles, 107, the last living WW I Veteran, was the Guest of Honor at the March 6, 2008 opening of photographer David DeJonge's exhibit at the Pentagon. Portrait Exhibit Puts Face On First World War. http://www.defenselink.mil//news/news
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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 |
What’s a long tail search? Here’s an example of a long tail search for a specialized photo: Problem: You need this particular picture: Old City Jerusalem laundry in snow Solution: Go to Google, or another popular search engine. Type in: Old City Jerusalem laundry in snow photosource Notice the difference? Try it! You’ll discover the source of hard-to-find photos this way. Contact the photographer and you’ll find he/she usually has a deep selection on the subject you are researching. For more information: 800 223-3860 Or fax: 800 PHOTOFAX
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Mikael Karlsson Subject: not needed: retyping When you send in photo-listings, now you can be free of repeatedly having to enter your address each time. How? Register just once at https://www.photosource.com Another way to find this page: go to our Home Page: www.photosource.com and on the upper right (blue) click on ‘search.’ The registration page will come up. Fill out the form. It will remain there next time you call up the page. You can change any of the info anytime you wish. –re
Better Information Send me information about how I can list a photo need. http://www.photosource.com/ Yes, I want to subscribe to the PhotoResearchers Newsletter https://www.photosource.com/ Tell me about the PhotoSourceGROUP gallery of stock photos and how I can get on-time delivery of images http://www.photosourcegroup.com/
LOOK LIKE A PRO when mailing your next print, ad, or disk: The “Way Less” envelope stiffener will not only create a high-tech look to your project but save you more than fifty cents in postage on an average mailing. (They pay for themselves!) Made of extruded sheets of stiff corrugated polypropylene, the “Way Less” envelope stiffeners are lint and dust free, and unlike cardboard are impervious to moisture. Available in all popular envelope sizes. To learn more, order, or request a free sample, visit:www.envelopestiffeners.com. Looking for “Non-Generic” photos for your next project? You’ll find real-life photos at “PhotoSourceGROUP”. Click here for more details. Link to: https://www.photosource.com/
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. Pat Jesten David Smith Betty Sederquist Sam Roberts Reggie D. Millette Larry Caine
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 Duece Rogney |
 Brian Bartley |
 Steve Raska |
 Cory Western |