## PhotoRESEARCHER Newsletter for April 2005 ##

## PhotoRESEARCHER Newsletter for April ## 415

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Welcome to PhotoRESEARCHER Newsletter, a free monthly newsletter from PhotoSource International. <http://www.photosource.com>

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Copyright Office Studies "Orphan Works"

by Joel Hecker, Esq

Photo researchers and other users of older photography and art are often caught in a dilemma. After finding the "exact" print they were looking for, they are unable to obtain clearance for usage because the copyright owner is unknown or unable to be located.

The Copyright Office is now examining the issues raised by such "orphan works" and is seeking written comments on whether there are compelling concerns raised by these works that merit a legislative, regulatory or other solution, and if so, what type of solution could effectively address these concerns without conflicting with the legitimate interests of authors and rights holders.

Orphan works are defined as copyrighted works whose owners are difficult or even impossible to locate.

Specific questions which will be addressed in the study include the following:

1. What is the nature of the problems faced by subsequent creators and users?
2. How should an orphan work be identified and designated?
3. Should the result be created on a "case by case" basis, or through a more formal approach?
4. How old need a work be to be considered an "orphan?"
5. Should the status apply only to published works, or to all works?
6. What would be the effect of being designated an orphaned work?

If you wish further information, the contact person at the Copyright Office is Mary Rasenberger, Policy Advisor for Special Programs, Copyright Office, GC/I & R, PO Box 70400, Southwest Station, Washington, D.C., 20024-0400. Telephone (202) 707-8350, fax (202) 707-8366.

Attorney Joel L. Hecker lectures and writes extensively on issues of concern to the photography industry. His office is located at Russo & Burke, 600 Third Ave, New York NY 10016. Phone: 1 212 557-9600. E-mail: HeckerEsq@aol.com.

CHANGES

Each month we report to you moves among, within and between: publishing houses, stock agencies, photobuyers, photo researchers, ad agencies, and design firms.

JEWISH MONTHLY (2020 K St. NW, 7^th Fl, Washington, DC 20036) former contact, phone and e-mail: Elana Harris, Managing Editor, 1 202 857-2708, eharris@bnaibrith.org ; current contact, phone and e-mail: Richard Greenberg, Managing Editor, 1 202 857-6699, rgreenberg@bnaibirth.org .

APPALOOSA JOURNAL (2720 W Pullman Rd, Moscow, ID 83843) former contact: Robin Hendrickson, Editor; current contact: Diane Rice, Editor.

FIELD AND STREAM MAGAZINE (2 Park Ave, 10^th Fl, New York, NY 10016) former contact: Daniella Jo Nilva, Photo Editor; current contact: Amy Burkley, Photo Editor.

FIRST LIGHT PHOTO RESEARCH (33 Papoose Lane, California Timeline, St Albans, ME 04971) contact person, Sheri Arredondo, Photo Researcher. Former e-mail: Sheri@first-light-photo-research.com ; current e-mail: fressia@tdsteme.net .

BIRDER’S WORLD MAGAZINE (21027 Crossroads Circle, PO Box 1612, Waukesha, WI 53186) former contact, phone, fax and e-mail: Delilah Smittle, Managing Editor, 1 800 268-0255, 1 414 798-6468, dsmittle@enter.net ; current contact, phone, fax and e-mail: Rosemary Nowak, Editorial Assistant, 1 262 798-6584, 1 262 798-6468, editor@birdersworld.com .

MOTHER EARTH NEWS MAGAZINE (1503 SW 42^nd St, Topeka, KS 66609) contact person, Kathryn Compton, Editor in Chief. Former company name, fax and e-mail: MOTHER EARTH NEWS MAGAZINE, 1 785 274-4305, kcompton@motherearthnews.com ; current company name, fax and e-mail: THE HERB COMPANION: HERBS FOR LIFE, 1 785 274-4344, kcomptona@ogdenpubs.com .

MAREILE FRITZSCHE, Mareile Fritzsche Research (107 St. Marks Place #5G, New York, NY 10009) former phone: 1 212 387-9634; current phone: 1 212 807-7002.

THE CREATIVE COMPANY (123 S Broad St, Mankato, MN 56002) contact person, Bobbie Nuytten, Photo Researcher. Former e-mail: ccphotoeditor@hotmail.com ; current e-mail: createco@hickorytech.net .

MRM ASSOCIATES, former address: #202 – 518 Beatty St, Vancouver, BC V6B 6G8, CANADA; current address: 1541A Maple St, Vancouver, BC, V6J 3S2, CANADA.

THE PHYSICIAN AND SPORTS MEDICINE (4530 W Seventy-Seventh St, Minneapolis, MN 55435) former contact and phone: Carol Johnson, Photo Director, 1 952 835-3222 ; current contact and phone: Nancy Harriss, PGM Art Director, 1 952 835-7851.

PUBLICATIONS INTERNATIONAL, LTD. (7373 N Cicero Ave, Lincolnwood, IL 60712) former contact and phone: Brooke Batiste, Associate Acquisitions Editor, 1 847 583-4547; current contact and phone: Doug Brooks, Associate Acquisitions Editor, 1 847 583-4541.

FANCY PUBLICATIONS (PO Box 6050, Mission Viejo, CA 92690) former contact and e-mail: Sandy Meyer, Associate Editor, smeyer@bowtieinc.com ; current contact: Hazel Borrowman, Associate Editor.

PICTURE VISION, former address: 30 Meadowbrook Rd, Dover, MA 02030; current address: 47 N Elm St, Wallingford, CT 06492-3856.

WEIGL EDUCATIONAL PUBLISHERS (6325 10^th St, SE, Calgary, AB, T2H 2Z9, CANADA) former contact and e-mail: Ken Price, Photo Researcher, editorial2@weigl.com ; current contact and e-mail: Kim Winiski, Photo Researcher, kim.winiski@weigl.com .

CORRECTION

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In the "Changes" column last month, we incorrectly listed a new address for HARCOURT

as St. Cloud, FL. The HARCOURT address remains unchanged: 6277 Sea Harbor

Drive, Orlando, FL 32757. The name of the company is HARCOURT SCHOOL

PUBLISHERS and no longer HARCOURT BRACE & COMPANY.

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Mental Illness: Does It Excuse Tax Fraud?

By Julian Block, Esq

Q. The Internal Revenue Service contends that I filed fraudulent returns. So the feds have billed me for back taxes and nondeductible interest charges. To really twist the knife, they want to assess sizable civil fraud penalties, also nondeductible. Fortunately, the government will not bring criminal charges, which could have meant a lengthy stay in the slammer.

My contention is that mental problems caused me to file 1040 forms that were inaccurate, but not fraudulent. According to my attorney, it is unlikely that the IRS will drop the fraud penalties. In that case, one of my options is to have the dispute resolved by the United States Tax Court, which is entirely independent of the IRS and is the only forum where I can contest additional taxes, interest and penalties without having to first pay the disputed amounts. How would you rate my chances of persuading the Tax Court to see things my way?

Á. The outcome depends on the particular facts and circumstances of your case. Unsurprisingly, the court closely scrutinizes a claim that a mental or other medical problem justifies relief from penalties.

For instance, it was unmoved by the medical problems of certified public accountant Robert Parker of Champaign, Ill. Robert held top-level positions with the University of Illinois, its fund-raising foundation, and a foundation-owned company, U.D. Corporation. Moreover, he moonlighted preparing tax returns.

In his off hours, the Champaign CPA caroused at the Club Taray, a dive decorously described as follows by the Tax Court: "The nightclub featured female dancers as entertainment. The women danced on stage and slowly removed their clothes. When the dancers were off-stage, customers could purchase their companionship by buying them cherries and bubble bath powder."

Want to read more of this article? Go to http://www.photosource.com/researcher/txtct97.html

The Website Arrives

by Jeremy Hoare

It has taken me a long time but finally I have my website up and running. Not that I did it myself. I employed a website designer whose work I had seen and liked. I made sure the site has none of that Flash and other trendy stuff to slow it down. Today, nobody waits for pages to load, they move on to the next website. Being ‘cutting edge’ trendy has a genuine downside in the real world of magazine and newspaper editors and picture researchers looking at and buying images. They just want to see, judge and move on.

I did not make the site myself for one simple reason -- it is not beyond me to learn how to create a website, but I know that I'm better employed (by myself) doing the thing I seem to be good enough at and enjoy, taking travel photographs. My resultant website is a good one, in my opinion. I could not have achieved these results without a huge time input, and it still wouldn't have been up to the standards I wanted, and got, with a web designer.

A SHOP WINDOW

The website is not aimed at selling pictures right now; in the near future I will be selling prints from it. So currently it is a ‘shop window’ for my work and myself, and the reaction has been very positive.

In the first week of the website being live, my local travel agent asked me to put some pictures in his shop on a three-month changing basis. I have always told him about what I do as a travel photographer, and he books several long trips for me every year, but until the website, he had never been able to actually see anything. Now he can. This exposure may not bring about a direct return, but it does promote me in a good area, and that in itself is a positive result.

The travel agent has just booked myself and my partner, flights to Argentina and Chile, new countries for us. We are off in a few days so I expect to be back where I belong inside a week, shooting travel pictures!

Website: www.jeremyhoare.com

Jeremy Hoare is a freelance travel photographer residing in London, England. Phone/Fax: +44 20 7722 2065. E-mail: jeremyhoare@hotmail.com. <Web: www.travelwriters.com/jeremyhoare>.

Travel photographers will find profitable information in the newsletter, TravelWriter Marketletter, published by Mimi Backhauser. For info: mimi@travelwriterml.com . Ask for a sample to be sent to you.

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 Jonna Zehm (1 800 223-3860). For an expansion of this list: www.photosource.com and press the Travelers Abroad button, to learn of past international destinations of our photographers.

Stephanie Runk

January 29 – February 5, 2005

Costa Rica

February 22 – March 15, 2005

New Zealand, Fiji

Stephen Mason

February 28 – March 13, 2005

Viet Nam

Dan Depew

June 20, 2005 – September 28, 2009

Bangkok, Thailand

Christoph Courth

February 23, 2005 – February 23, 2007

Dominican Republic, Cuba, Haiti

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"Opportunity is missed by most because it is dressed in overalls and looks like work."
-- Thomas Alva Edison

ON-LINE

by Bill Hopkins

Fighting the Good Fight

Microsoft is aiding the war against spam. Not only does Microsoft file its own lawsuits against spammers (over 90 suits have been filed), they also assist others in the fight against spam. To help identify spam, Microsoft has created over 100,000 trap accounts (Be-mail), accounts set up for the sole purpose of capturing spam messages that can later be investigated. You think you've got a lot of spam, imagine what Microsoft's trap accounts look like.

From the Philippines to the United States

The world's first mobile phone virus has entered the United States, and it only took eight months. Named Cabir, the virus was discovered on a cell phone in a gadgets store in Santa Monica, CA. Its biggest impact is draining the phone's batteries. It's been found in countries from China to the UK. Unlike computer viruses, which generally spread rapidly due mainly to the fact that so many computers worldwide run Microsoft software and are connected to the Internet, cell phone viruses are hampered by the many different phone manufacturers and technologies in use. But the threat will grow as cell phones become even more sophisticated and include such features as Internet connectivity. To help combat infection, many new phones come with anti-virus software.

Want to read more of this article? Go to http://www.photosource.com/researcher/onlin155.html

Whose Land Is It?

They are trying to propose new regulations again for nature photographers. The National Arboretum in Washington D.C. has proposed a fee and set of regulations for photography at its facility. If the proposal passes it could have a domino effect with other government agencies, starting with the Department of Agriculture.

In the summer of 2000, we reported in PhotoStockNOTES regards PUBLIC LAW 106–206 of the 106th Congress: the Feds eventually realized they shouldn’t restrict bona fide stock photographers who do not traipse through government land with television apparatus and dangling electrical equipment. The Feds modified their proposal back then. Let’s hope they come to their senses again*

The Arboretum’s proposed regulation is in opposition to the congressionally-

enacted law which states that professional and amateur photographers do NOT need a permit and do NOT need to pay a fee to take still photographs, unless the still photography will: use models, sets or props that are not part of the site's natural or cultural resources or administrative facilities; take place where members of the public are generally not allowed; or take place at a location where additional administrative costs are likely.

The proposal can be seen at: http://tinyurl.com/4hhtz section 23,

* The person to whom to voice your opinion:

Thomas S. Elias, Director, US National Arboretum, Beltsville Area Agricultural Research Service, 3501 New York Avenue NE, Washington, DC 20002

NET OPERATING LOSS (NOL):

A Good Way to Get Extra Funds for Your Business
If your business suffers a loss this year, you will owe no income taxes on your business. You may not know that this loss will also offset your other income, such as a salary from an outside job, or your spouse’s wages, and reduce your income tax for this year.

You can also use this year’s business loss to offset income and reduce taxes from other years. You are allowed to carry back what the IRS calls a Net Operating Loss (NOL), to apply against prior income, and receive a refund of prior years’ taxes, even if you were not in operating your independent back then. The loss can be carried back two years. And if your taxable income for the two prior years is not sufficient to absorb the entire loss, you may carry the balance forward, to apply to as many as 20 future years. At your option, you can forego the two-year carry-back period and apply your NOL entirely to the 20 future years.

An NOL, like any other tax deduction, is worth more in a high income year. If the two preceding years generated little or no income tax, you probably will do better to forego the carry-back, and apply the entire NOL to future years. Also, that way you avoid filing an amended return, which starts the IRS audit statute of limitations running again. Be sure to discuss these options with your tax advisor.

Want to read more of this article? Go to http://www.photosource.com/researcher/ntpd248.html

White Mailers

Sending a disk or slides? Look like a pro. Strong, classy, white cardboard mailers in a variety of sizes 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

GoodStuff

PHOTOS TO GO. Index Stock Imagery, has launched a division called "Daily Photos To Go," a service providing free images for websites of small business and "prosumer" users. This new web service automatically refreshes a website or blog with customized photo content, daily or weekly. Once the "Daily Photos To Go" code is inserted into a user’s website, Photo To Go’s Web Services back end provides the site with automatically-changing, customized images, for free. Index Stock Imagery is a supplier of digital images to the publishing, corporate, and advertising worlds. Contact: Index Stock Imagery, Pat Hunt at http://www.photostogo.com/content/daily_photos_to_go.asp . Phone: 1 800 729-7466. Fax: 1 212 929-4644. Web: http://www.indexopen.com

Wrong Side Of The Digital Revolution?

If massive stock agencies are squeezing out smaller photo agencies, and smaller agencies are forming alliances to compete with massive stock agencies, --where does that leave the independent stock photographer? Will free-lance stock photographers be able to compete in the world of massive on-line photo libraries? What is the state-of-the-art of the big agencies? Are these Goliaths threat to the independent photographer?

Some major stock agencies (let's continue to call them stock agencies) are developing super on-line services. But the industry is in its infancy, and it shows. It's a zig-zagging route to follow for most of them.

No, they are not a threat to the individual editorial stock photographer.

Why? Thanks to the present digital revolution, the customers (photobuyers) find they no longer need to patronize major stock agencies in order to gain the best chance to locate the photos they need.

Technology advances now open the door for independent photographers to enjoy the same electronic access to buyers and provide the same speed and quality of service as the massive agencies atop this pyramid. Buyers will turn to any source, whatever the size, that has proven it can provide that "just right" picture for a specialized need.

Unique, content-specific pictures are what most editorial photobuyers are looking for. Editorial stock photographers have always had an advantage over commercial assignment photographers, in the freedom to make unique pictures, because they are not art-directed, or required to mass-produce pictures that will have a "long shelf life."

Customers will always gravitate to their preference, their choice. Commerce over the centuries has always worked the same: "If you have what I need, and the price is right, I'll buy it." Add to that formula the speed of delivery (FedEx, UPS, on-line delivery, search engines, etc.), and independent photographers have all the elements needed for success at of photo marketing.

BUSINESS AS USUAL

Helpful to individual photographers as technology continues to impact and change the industry, will be the increasing numbers of service bureaus, who will act as a bridge for a photographer still working a film-based operation, and any of their buyers who are "digital." It won't matter to a buyer if a photo was made with a digital camera or analog camera, as long as it's delivered to them hi-res and on time.

Want to read more of this article? Go to http://www.photosource.com/researcher/gen676.html

Advance Notes: In a recent issue, we mentioned the noted photographer of the 60’s, Flip Schulke, who focused a great deal of his camera work on Martin Luther King, Jr. A fellow photographer comments on...
The Value of Photo Archives

by Art Shay

I agree with Flip Schulke’s remarks in an earlier PhotoStockNOTES article: "Save all your outtakes -you never know when they will become important and therefore marketable from an historical point of view."

It has also been my motto over 50 years of documentary photography.

Example: I did a roll or two on Ray Kroc for Time in 1967. I brought Kroc and his honchos to the very first McDonald's-- in the Chicago area as it happened. Having worked with most of Life Magazine’s great photographers when I started as a reporter, I knew the elements of an "opening" picture-- so I stood Kroc in front of the very first McDonald’s sign and had him eating a hamburger with gusto (a great sauce). This picture, thanks to TIME Magazine’s wonderful filing and retrieval system, brings in about $200 every three months-- from Brazil, Europe, TV, Movies, etc. The shot was a full page last year in a Time Inc. promo on the business giants of the last half-century.

This should be a caution to all photographers reading this to always retain rights to your pictures whenever possible. Or if you are a freelancer for a major magazine, make arrangements with them that the copyright of your images will revert to you after a certain amount of time.

God bless Time Inc. for their constant sales of ancient pictures of mine and other freelancers and staff members. Flip Schulke, who you mentioned in a recent article, is right: Many photos from "the historical file" bring in more dough now than they did when they were originally taken.

So take all this as an approbation to you of Flip's neat quotes, to you from a photographer of the generation just before Flip's. I'll be 83 in March, and have a theatrical production featuring 300 slides coming up. My last play, about my adventures as a lead navigator in WW2, was a hit here in Chicago in 2003. "Where Have You Gone, Jimmy Stewart?" (The actor-flier was my commanding officer.)

Want to read more of this article? Go to http://www.photosource.com/researcher/shtrs167.html

The Memory Card: "Finding Keepers"

by David Arnold & Gail Rutman

When we first went digital we were delighted with Photoshop’s one-stop workflow. We could do everything with a single program: rename and renumber files; view thumbnails and examine larger images; flag the keepers; embed copyright information, captions, and keywords; optimize the keepers; and catalog the finished photos. But our DSLRs were giving us many more potential keepers than our film cameras ever did, and our Photoshop-only system felt more like workslow than workflow. We resisted the temptation to borrow the strategy David’s 94-year-old aunt recommends for moving: separate all your possessions into three piles—"keep," "dump," and "not sure"—and then throw out all three. Instead of using a Jack-of-all-trades-master-of-one solution—Photoshop is the ultimate image processing program, and Photoshop Elements a good lower-cost alternative—consider adopting a set of more focused tools.

Last month we discussed software that can simplify and accelerate transferring your photos from memory card to camera. But the major time-eater is the next stage, separating the keepers from the clunkers. Photoshop’s built-in File Browser can accomplish this task, but the process is slow, tedious, and uncertain. The best alternatives are Photo Mechanic (www.camerabits.com, Win and Mac; $150) and BreezeBrowser Pro (http://www.breezesys.com, Windows only; $59.95, or packaged with Downloader Pro [regularly $29.95] for $64.90). Both Photo Mechanic and BreezeBrowser Pro generate thumbnails in a fraction of the time File Browser requires, and not only let you examine images at 100 percent (essential for judging sharpness), but also compare them side-by-side at any size you wish, zooming and panning them simultaneously. Designed for speed, either program will let you accomplish most tasks with a single keystroke, a great time-saver over the usual menu-and-drop-down-list or multiple keystroke approaches. You can zoom to 100 percent in Photoshop, but not as easily, and to compare two images at that size requires opening each image, zooming each to 100 percent, dragging their borders off so they’ll fit on your screen without overlapping, and then scrolling each image to display the part you want to compare. Overall, Photo Mechanic or BreezeBrowser Pro can cut the time you spend separating the saleable from the deleteable by at least 50 percent.

Want to read more of this article? Go to http://www.photosource.com/researcher/mcard12.html

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

PHOTOGRAPHY IN THE NEWS

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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.

Shifting scenes-PHOTOGRAPHY, an innovation that changed the visual art

scene for ever, was INVENTED by the French, who also claim to have been its greatest masters, especially in the early stages of the genre

http://app1.chinadaily.com.cn/star/2005/0324/wh29-1.html

Photographer, bear advocate cited for getting to close to bruins - Jim Cole

has been cited with intentionally approaching within 20 yards of a family of

GRIZZLY bears in Yellowstone National Park. It's illegal to approach within

100 yards of bears in the park.

http://www.bozemandailychronicle.com/articles/2005/03/25/news/jimcole.txt

The New Face of Photography: Nikon Unveils New Technology That Allows Its

Cameras to Find a Face in a PORTRAIT Shot

http://www.creativepro.com/story/news/22693.html

Buying a Photo PRINTER - While photo-printing technology has advanced almost

as quickly as digital camera technology, there's still quite a variation in

quality from one model and technology to the other.

http://www.creativepro.com/story/feature/22682.html

Newport PHOTOGRAPHER DISCOVERED by National Geographic - "This is more up my

alley than anything else," said a thrilled Nesbitt, who has been working

hard for the last several years for a break just like this one.

http://www.eastbayri.com/story/282918131546149.php

A pilgrim's progress: TRAVEL trendsetter walks frequently forgotten trails

all over the world - The native of Moon is a writer and photographer,

journalist, hiker, adventurer and compulsive traveler. When you're walking,

you see and hear and taste things you'd miss if you travel any other way."

http://www.post-gazette.com/pg/05086/477186.stm

Photos Richer in 144 Megapixels - New York photographer Tom Watson and his

business partner, Rob Howard, make a living by creating LARGE-FORMAT digital

photographs. They believe the technology they are using is "pushing the

limits of location photography". Each image is at least 140 MB -- a massive

file size. http://www.wired.com/news/technology/0,1282,66898,00.html

The Time Machine Photography Has The Power To Freeze Time - Many people

think they need to travel to exotic locations in order to make great

photographs, when chances are if they took the time to look around, they

would discover great OPPORTUNITIES are just around the corner.

http://shutterbug.com/columns/0205digitalinno/

Hays photographer's calling the shots - Clark, who works for National

Geographic, takes photos, of whatever he wants, and puts them on a Web site

hosted by AMERICAN PHOTO Magazine.

http://www.kansas.com/mld/kansas/news/state/11233784.htm

Design How-To: Solve COLOR Dilemmas - No matter what you're creating -- a

print piece, a Web site, an illustration -- the element with the greatest

effect on your audience is color. How do you choose the right one, or even

more daunting, the best mix?

http://www.creativepro.com/story/feature/22694.html

With Buerbaum, the photos and stories never end. That camera fixed his name on local history as permanently as if the pictures he took and turned into POSTCARDS were engraved in Rowan County granite.

http://www.salisburypost.com/area/282928411264224.php

Five Malaysians Get Honourable Mention In World Photography COMPETITION

world's biggest environmental photography competition --

the United Nations Environment Programme (UNEP) International

Photographic Competition 2004-2005.

http://www.bernama.com/bernama/v3/news_lite.php?id=125436

-- Mac Design Conference & Digital Photography Expo Announces Expanded

Digital Training. The third annual MAC DESIGN Conference & Digital Photography Expo

http://biz.yahoo.com/bw/050324/245283_1.html

StuffIt Shrinks JEPEG PHOTOS up to 30% With No Quality Loss in New

Compression Breakthrough Now Available From Allume

http://www.creativepro.com/story/news/22700.html?cprose=daily

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PhotoRESEARCHER Newsletter is a free newsletter for photo researchers. It features carefully researched coverage of trends, methods and the latest information that can help you in your photo research. Feel free to forward this issue of the PhotoRESEARCHER Newsletter to fellow photo researcher friends.

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