## PhotoRESEARCHER Newsletter for December ## 399

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The Legal Aspects of Photographing Antiquity

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In a public place (whether admission in charged or not) it's possible to photograph freely. Only if the photographer is actually trespassing would there be problems with the law. However, in foreign countries photographers and publishers may encounter restrictions regards photos in public places that are more rigorous than in the States.

The necessity for a property or model release is dictated by a photo's eventual use. If photos are used for editorial purposes (not commercial use), model releases are not required.

ANTIQUITIES

In the case of the pyramids, the Siq, Jordan biblical sites, the Minoan palace at Knossos, Crete, the rock Tombs at Petra, and the like, whether the photos are of the inside or outside the site, no model or property release is required if the pictures are used to "inform and educate" (editorial use). Only when the picture is to be used for a commercial purpose would releases be needed. This would apply to pictures at archaeological digs, as well.

The confusion over whether a public object can be photographed and published, most usually comes from persons who arrive at the stock photography industry through the commercial door rather than through the editorial door. For example, photographers who have worked for a newspaper most of their career, know that model or property releases are not needed if the photo is to be used "to inform or to educate." Conversely, photographers who have worked in the commercial or advertising sector, e.g. corporate, advertising, and graphic art services, know that any photo used for endorsement or advertising purposes most always requires a model or property release.

Here at PhotoSource International, our emphasis is on editorial photography, and most of our markets, such as magazine and book publishers, maintain an editorial focus.

About $70,000 a day is spent on editorial photography in this country. That's about 1/5 of what is spent daily on commercial stock photography.

One example: editorial stock photographers can afford to specialize in a field they enjoy working in. This allows them to build a deep selection of images in that specialization, making them a valuable resource to photo researchers and publishers in that field of interest. (Book and magazine publishers specialize, too.) Although the per picture fee is not as high as in commercial stock photography, most publishers buy in volume, which often makes up the difference over the long haul.

Of course, researchers would do well to check if model or product releases are conveniently available for the asking, This in the event the picture lends itself for commercial use, also.

Rohn Engh is director of PhotoSource International and publisher of PhotoStockNotes. Pine Lake Farm, 1910 35<sup>th</sup> Road, Osceola, WI 54020 USA E-mail: info@photosource.com Fax: 1 715 248 7394

Web site: www.photosource.com

Filing Time Reminders

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When tax time rolls around, most income tax filers receive refunds. But just because you

receive one, does not mean your return passed muster with the IRS and that you can forget about an audit. All it means is that IRS computers have checked your arithmetic and other basic items.

So make sure to file away those checks and other records that back up deductions and other items, as well as a copy of your return. Keep your records at least until the statute of limitations runs out for an audit – generally, three years after the filing deadline. But the IRS gets six years to check, if you understate your income by 25 percent or more. And there is no time limit if the IRS shows you failed to file or you filed a fraudulent return.

WILL THEY RE-CHECK YOURS?

Despite what you may have heard, the risk of an audit does not decrease by

filing late, rather than early. All income tax returns, whether they are filed early or late, go through IRS computers that scan them for arithmetic errors and single out returns for audit on the basis of a top-secret scoring system. High scorers, as well as some Form 1040s chosen purely at random, are then scrutinized by the tax collectors to determine which ones should actually be examined. One important element in the selection process is how the amount of your itemized deductions compares with the total taken by others with comparable income levels.

causing you cold sweat. A recalculation on IRS Form 1040X usually takes very little time, plus you can send in whatever money is involved if you feel you owe something. You can also use Form 1040X if you now discover that you overpaid.

For instance, you are not stuck if you take the standard deduction and later discover that itemizing for such expenditures as mortgage interest and real estate taxes would have been more advantageous. Use Form 1040X to amend your return and switch to itemizing, provided you do so within three years after the filing deadline for your return.

THEY CAN MAKE MISTAKES

payment to the IRS without first checking on whether you actually omitted income. Every year, without fail, the IRS sends out many erroneous notifications concerning, for example, interest from savings accounts and dividends from stocks.

advisable to notify the IRS. Use IRS Form 8822 (Change of Address). Reporting the

change should ensure that you receive (and are able to respond to) mail the IRS later sends -- for instance, a bill for additional taxes or a notice that your return has been selected for an audit. Social Security number, and, if you are a joint filer, your spouse’s full name and Social Security number. Mail Form 8822 to the IRS Service Center that received your return, not the Service Center for your current address.

Expecting a refund? Also notify the Post Office at your old address. This will help in forwarding your check to your new address (unless you authorized the IRS to directly deposit the refund into your checking account). All that Form 8822 asks you to provide is your old and new addresses, your full name and

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ONLINE-NEWS

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We Fight Spam

We have now implemented some anti-spam measures on our PhotoSourceBANK and PhotoSourceFOLIO pages. As you know, one way for spammers to collect e-mail addresses is to scour the Internet for websites containing strings of characters that look like e-mail addresses. We have made changes so that your e-mail address shows up accurately when viewed in a web browser (such as Internet Explorer and Netscape), but when seen by a spamming robot, will appear unintelligible. Nothing is ever foolproof, but this new change will certainly dramatically cut down on the likelihood of robots finding your e-mail address on our web pages.

New Day in the Life series

Those #*%(#@ Pop-up Ads!

Do Not Call List In Limbo

As we go to press, the National Do-not-call Registry has about 50 million phone numbers. However, implementation of the list is currently on hold by court order, though some direct marketing organizations plan on honoring whatever list they do have. The various factions, courts, advertisers, Congress, FCC, FTC, and even the President, are now involved. It's clear the public wants this dinner-time interruption halted, but since the courts consider it discriminatory (it stops some callers such as sales calls, but allows others such as pollsters and politicians), the courts are agreeing with the marketers that the list is unconstitutional. For now.

*Display 6 of your own images for photobuyers to view, on your page on the PhotoSource website.

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PHOTOSOURCE INTERNATIONAL COPYRIGHT POSITION STATEMENT (Publishers please take note.) Photographer-subscribers to our marketletters, PHOTODAILY, PHOTOLETTER, and PSN+,supply quality photographs to the publishing industry. These photos are provided on a rental-use basis. They are not provided on an all rights, work-for-hire basis, which would conflict with both the letter and the spirit of the Copyright Law revisions instituted on January 1, 1978. PhotoSource International advises our subscribers not to endorse checks or sign agreements ('work for hire') which transfer image copyright to a publisher (or person making the assignment). Such rights are transferred only through special agreement and substantial compensation.

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TIME SAVER: SEARCH ENGINES

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Advance Notes: It's rapidly becoming apparent to photo researchers that the easiest way to find a particular image is to use the web, and not to look for the image itself, but to search for a word or words describing the image. Very often the searched-for image is something specific like an isolated cafe in Chicago, a museum for model railroad cars in Pittsburgh, or a mountain wildflower in Wyoming. Major search engines such as Google, Yahoo, Alta Vista, HotBot, Lycos, Infoseek, etc., constantly use their webcrawlers to capture such words (text) that identify images on the Web.

Photographers are becoming more aware that researchers need web-posted photos to be accompanied by a variety of descriptors and references, including words referring to the mood or emotional state invoked by a photo. Some photographers with access to specific subject areas post descriptors of photos they can quickly obtain, making them available for assignment by photobuyers. For example, a micro-biologist who is also a freelance stock photographer might post several hundred descriptive words on his website, knowing that although he might not have those specific photos in his files, he has access to be able to take the photo(s) at a moment's notice.

Photo researchers increasingly are by-passing the time-consuming task of looking at images. Instead, they let a search engine do their work for them, by narrowing down sources of the needed images by checking text photo listing descriptions put on the web by stock photographers. Once the researcher locates a source of a needed image, then they contact the photographer and start looking through a selection of targeted photos.

Searching through images dozens of times a to find needed photos can be exhausting and boggle the eyes. In contrast, searching by keyword (the process highlights relevant words and descriptions), shortens search time and pinpoints exact sources of.-RE

CHANGES

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TIDE-MARK PRESS, former address and phone: P.O. Box 20, Windsor, CT 06095, 1 860 683-4499; current address and phone: 52 Oakland Ave, East Hartford, CT 06108, 1 800 338-2508.

BECO GROUP (200 S Prospect, Park Ridge, IL 60068) former contact: Ann Broderick, Administrative Asst.; current contact: Beth Morely.

STREET & SMITH’S PRO BASKETBALL, Contact person Jerry Kavanagh, Editor. Former address and phone: 304 E 45<sup>th</sup> St, New York, NY 10017, 1 212 880-8497; current address and phone: 1180 Ave. Of the America’s 3<sup>rd</sup> Fl, New York, NY 10036, 1 212 880-8497.

TRAVELERS ABROAD

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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 Deb Koehler (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.

Robert Eaton

November 1, 2003 – October 20, 2004

China

Scott Fraser

November 12 – December 3, 2003

Manaus, Brizal

Betty Sederquist

December 1 – December 8, 2003

Amazon

December 9 – December 17, 2003

Galapagos

Todd Tyler

October 17 - November 17, 2003

Bangkok

November 17 – January 17, 2003

Shanghai

January 17 – February 17, 2003

Bangkok / Singapore

Watch for developments in the field of stock photography in PhotoAIM'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.

NYPPA Meets With Police To Discuss Censorship - New York's press

photographers are fed up with city cops putting their hands over their

lenses, keeping them away from crime scenes and obstructing their access to

public streets, and they're now voicing their concerns to police brass.

http://www.pdnonline.com/photodistrictnews/headlines/article_display.jsp?vnu

_content_id=2034231

Niece Symposium Unveils 1826 Photograph

An 1826 image widely acknowledged as the world's earliest photograph is

the subject of its own close-up, the first in the half-century since a

historian hauled the faint snapshot out of an old trunk

http://story.news.yahoo.com/news?tmpl=story&u=/ap/20031121/ap_on_re_us/first_photograph_1

PCs' New Flash - They want a digital camera. They want a digital-music

player. But they don't necessarily want a computer.

http://story.news.yahoo.com/news?tmpl=story&u=/washpost/20031124/tc_washpost/a5604_2003nov22

Portrait of a portraitist - Marion Ettlinger prefers her side of the camera.

A professional photographer, celebrated for her portraits of writers, she

detests being photographed.

http://story.news.yahoo.com/news?tmpl=story&u=/usatoday/20031120/en_bo_usatoday/11959913

Capturing emotion on the Eastside - A lot of professional photographers have

cruised the notorious Downtown Eastside but last winter, a legal society

turned that process on its head, equipping 110 residents of the downtrodden

Vancouver, BC neighbourhood -- including reformed drug addicts, prostitutes

and criminals -- with disposable cameras and a mandate to record "the

compassion, struggle, joy, courage, faith, friendship and pride" of the

area.

http://www.globeandmail.com/servlet/ArticleNews/TPStory/LAC/20031119/VANART19//?query=photography

Focus turns to digital cameras - "For most people, digital is now as good as

film in terms of picture quality," says Neil Stephenson, manager of the

technical marketing group at Canon Canada Inc.

http://www.globeandmail.com/servlet/ArticleNews/TPStory/LAC/20031117/DPCAM17//?query=photography

Photo History - Before Photography Part 1: Discovering Light - This is the

first of an occasional series on the 'History of Photography'.

http://photography.about.com/library/weekly/aa010702a.htm

"Optic Nerve: Abstract Colour Photography" - Optic Nerve brings together the

work of six artists who share an experimental and unconventional approach to

photography. Often working without cameras, lenses, film or even light, they

all produce luminous, colour-saturated images

http://www.absolutearts.com/artsnews/2003/11/21/31561.html

67 days in Iraq AN EAGLE PHOTOGRAPHER'S JOURNAL - While some journalists

were embedded with U.S. troops, Eagle photographer Travis Heying's main

assignment for Knight Ridder, the Eagle's parent company, was to cover life

in Iraq after the fall of Saddam. These are excerpts from his journal

http://www.kansas.com/mld/kansas/7328131.htm

Images From a Deeper Perspective - "Water is this place where I can get

centered, where I'm clear-headed and content. It's about floating,

peacefulness, letting yourself go," said Barbara Tyroler, who has used water

as a primary focus in her work for two years.

http://www.washingtonpost.com/wp-dyn/articles/A62199-2003Nov19.html

Roam Sweet Roam;

Cameras Wi-Fi is making inroads in digital photography

http://story.news.yahoo.com/news?tmpl=story&u=/fo/20031122/bs_fo/7f9a993e6e28904d8b81fa6c619dc894

Portrait of a portraitist

Marion Ettlinger prefers her side of the camera. A professional

photographer,

celebrated for her portraits of writers, she detests being photographed.

http://story.news.yahoo.com/news?tmpl=story&u=/usatoday/20031120/en_bo_usatoday/11959913

Holography Pioneer Stephen Benton Dies

http://story.news.yahoo.com/news?tmpl=story&u=/ap/20031114/ap_on_re_us/obt_benton_4

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PhotoRESEARCHER Newsletter is a free newsletter for photo researchers. It consists of excerpts from the 8-page newsletter, PhotoStockNotes, available for subscription at $3 per month. (Back issues are available free each month on our Web site.) Both newsletters feature 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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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 PhotoSource International, Rohn Engh, Director, who is solely responsible for its contents.

For information about PhotoSource International:

To make a photo listing:

(no charge)

1 800 223 3860

or 1 800 624 0266

ask for Hanni Peterson

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399

Next Month:

"You continue to be an inspiration to me. You’re the best example of someone who has thru the years continued to explore and make good use of the very latest technology. And your web page is extremely well done."

–Bob W. Smith, Photographer, Dallas TX