National Geographic’s Victory On Hold

by Joel Hecker, Esq.

Advance Notes: The saga of this copyright infringement case continues.

  As you may recall, in my July 2007 column, I reported on what appeared to be the final victory of National Geographic Society (“NGS”) over photographer Jerry Greenberg, when an  Eleventh Circuit Court of Appeals three-judge panel ruled in its favor. However, the full Eleventh Circuit Court of Appeals has now granted what is called an “en banc” hearing, which means that all of the active judges will review the case anew, with the initial decision by the three-judge panel being vacated.

  To recap the issues: NGS released a thirty-disc CD Rom set containing each monthly issue of the magazine for the 108 years from 1888 through 1996, a collection of some 1200 issues of the magazine. It is called the “Complete National Geographic” (“CNG”).
  The CNG is an image-based reproduction of the magazine. Every page of every issue appears exactly as it did in the original paper version, including advertisements. It also contains a computer program which compresses and decompresses the images and allows the users to search an electronic index. It further contains an introductory sequence that begins when the user inserts the disc into a drive. This sequence starts with a Kodak ad, then shows a moving display of NGS’s logo and theme song, and a 25-second segment in which ten issues of actual magazine covers from past issues digitally fade into one another. 

  Lawsuits by various photographers followed publication, most of which were consolidated in the New York Federal Court, and by Jerry Greenberg in Florida, alleging in each instance, copyright infringement.

Want to read more of this article? Go To http://www.photosource.com/researcher/legal151b.html

The Passing of an Icon
- Jane Kinne

 by Joel Hecker, Esq.

Advance Notes: Jane Kinne, whose career in the photography industry encompassed the entire breadth of modern photography, passed away on November 3, 2007 from complications following heart surgery. She was 82 years young.

    Jane Kinne was, and will always remain, an inspiration and guiding light to me, as well as to many others involved in the fields concerning professional photography. I had the privilege of sharing many personal and professional moments with her. These included calling upon her expertise as a witness in many copyright infringement and lost-photos matters in which I represented photographers, agencies and other entities in both the Federal and State Courts. Her expert evaluations of photo libraries for estate purposes; and of course, our shared participation in the nationwide traveling seminar programs for the American Society of Picture Professionals (ASPP), the North America Nature Photography Association (NANPA ), and the Society of American Archivists (SAA).

  Jane was a founding member of Photo Researchers, Inc., one of the original stock photo agencies, from which she retired as president after thirty years. She was credited with being instrumental in professionalizing the stock photography industry as it was emerging in the 1970's. After she “retired,” Jane then served as vice-president for Comstock, Inc. from 1986 to 1993, when she again “retired.” After that, she continued to work tirelessly in the industry as a consultant and vice-president of Russ Kinne, Inc.

  Jane was a member of the United States Copyright Office’s working committee on Fair Use and New Technologies from 1995-1998. She was also an active member of the Picture Archive Council of America (PACA), ASPP, and NANPA, including acting as president of these organizations.

Jane was married to Russ Kinne, a prominent professional photographer, for over 50 years. Together they were founding members of NANPA. She is also survived by her daughter Casey. 

Want to read more of this article? Go To http://www.photosource.com/researcher/legal153a.html

######################
This week's featured photographer on PhotoSourceFolio:
Margot Ferguson ( http://folio.photosource.com/1667)
######################

Steve MacAulay
STEVE MACAULAY PHOTOGRAPHY
steve@stevemacaulayphotography.com
http://www.stevemacaulayphotography.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. csmatthys@frontiernet.net

TERRARAZZI ? London police have targeted certain photographers. Recently, London's Metropolitan Police started a five-week campaign of what they are calling "counter-terrorism advertising," which includes a poster that implores people to report photographers to the police if they "seem odd." http://crave.cnet.com/8301-1_105-9893449-1.html?tag=bl  

SHOOTING THE FOOT. Royalty-Free Orphans: Why the Current Distribution System Doesn't Work - Royalty-free licenses are almost unlimited and because no one collects end-user information, determining the legality usage is impossible. of any royalty-free image. How bad must things get before the stock photography industry realizes it is its own worst enemy? http://rising.blackstar.com/royalty-free-orphans-why-
the-current-distribution-system-doesnt-work.htmlFotoNation  

SECOND LOVE. Baryshnikov combines dance and photography. Famed Russian dancer Mikhail Baryshnikov has managed to combine dancing with his new love, photography, for a New York art show. http://www.upi.com/NewsTrack/Entertainment/2008/03/16/
baryshnikov_combines_dance_photography/2120/

QUICK SHOOTING. Press photography student's storm pic is beamed around the world after making local front page. A picture of a young couple on a beach being swept out to sea was syndicated worldwide – and was captured by a press photography student documenting the atrocious weather. http://www.holdthefrontpage.co.uk/photo/080317stormy.shtml  

WHO LOSES IN THE PHOTO CONTEST? Rights Grabbing Photo Competitions. New consumer report tests photo competitions against a set of conditions called the bill of rights. Those competitions that fail the tests are reported with detail as to why they have failed. The failed list includes Adobe, Nikon and many others. http://photo.net/bboard/q-and-a-fetch-msg?msg_id=00Ol3L  

GOING, GOING…. Plant Demise Captured Through Photography. 60 prints that follow the plant from "cold idle," the level of operation just above complete shutdown, through the demolition of the power plant, the last major structure. http://nn.byu.edu/story.cfm/67929  

IMPOSSIBLE JOB? Type in ‘Native American’ and Search. (Someday) 13 Million Photos will come up. Right now, there is no central department for locating images by photographer, subject or theme for the artwork. But an online project, the Smithsonian Photography Initiative, intends to change that. (Lotsa Luck! ) -RE). http://www.nytimes.com/2008/03/12/arts/
artsspecial/12photos.html  

DON’T TAKE THAT PICTURE! Parents unite to fight Web sites using pics of kids Orange County parents banded together raising a ruckus that has launched a law enforcement review, prompting legislation to crack down on the practice of photographing kids at school sporting events and posting the photos on adult websites. http://www.azstarnet.com/sn/news/229861.php  

YES, I CAN TAKE THIS PICTURE. The right to take photographs in the United States is being challenged more than ever. People are being stopped, harassed, and even intimidated into handing over their personal property simply because they were taking photographs of subjects that made other people uncomfortable. http://www.krages.com/
phoright.htm  

PHOTO CONVICTS. Photos buffs are made to feel like criminals in London according to this blogger. What’s it coming to? A good discussion . Will New York be next? http://crookedtimber.org/2008/03/14/
standing-up-for-photographers-rights/  

FLICKR IS BULGING. Flickr now has more than two billion photos distributed, hundreds of millions of which are Creative Commons licensed as well, inviting others to use their photography as well, often with attribution. http://www.blogto.com/tech/2008/03/
michael_geist_on_epublishing_and_the_law/  

PHOTOGRAPHER ADVOCATE HONORED. Jane Kinne, rights pioneer for photographers, died last November, but she is far from being forgotten. A force in the stock photography industry, she influenced countless professional photographers and agents working in the field today. Kinne was widely known as the leading advocate of photographers' rights. In a fitting honor, The Picture Archive Council of America (PACA) is renaming its Copyright Education Program in her memory. http://www.photoarchivenews.com/archives/
2008_03.html#001728  

THOSE OLD PHOTOS ARE VALUABLE. Actress Diane Keaton puts images of Fort Worth on display in New York, showcasing the work of commercial photographer Bill Wood and his family's 43-year business. The collection of post-World War II local scenes -- homes, offices, parties, the venerated Leonards Department Store -- will go on display May 16 at the International Center of Photography. http://www.star-telegram.com/189/story/528910.html

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

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: Wedding Photographer Held To Account for “less than professional” Photography

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!

**********

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




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

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




Want to see back issues of PhotoResearcher Newsletter?

You’ll find them here: photo research




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



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

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

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/?continue=/addurl

TIP: Set up a blog on www.blogger.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.

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