## PhotoRESEARCHER Newsletter for December ## 411

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Buddhism | Tragedy | Old-Fashioned | Truth

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

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Court Excludes Multiplier from Copyright Infringement Damages

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By Joel Hecker, Esq.

Some people in the graphic arts and photography industry believe that it is appropriate in determining damages for infringement of copyrighted work, to multiply the actual damages by up to ten times. While this may be an accepted practice in negotiating settlements, a court has now, in no uncertain terms, held that there is no such provision for multipliers in the Copyright Act.

The case is Michiko Stehrenberger v. R.J. Reynolds Tobacco Holdings, Inc. et al, brought in the United States District Court for the Southern District of New York. The decision came about on a motion to preclude the plaintiff from claiming, as part of her actual damages, a multiplier to increase damages by up to ten times. District Court Judge Stanton, in an opinion filed September 15, 2004, ruled against the plaintiff and precluded such evidence after a thorough discussion of the issues.

The plaintiff's expert, a prominent photographer, claimed that for a company with the annual revenues of an R.J. Reynolds, that the reasonable license fees for the infringements appearing in newspaper advertisements, consisted of $10,000 for a corporate ad, and $50,000 for a limited corporate identity project. He concluded that "a total licensing fee of $60,000 is thus appropriate in this case."

On top of this, the expert wanted to add a multiplier for unauthorized usage, because, he claimed, the graphic arts community (which obviously includes photography) recognizes that mistakes do occur resulting in unauthorized use, and to resolve these problems, the industry has a schedule of fees for the granting of a retroactive license. The reason such a multiplier is used, according to the expert, is to avoid the costly and protracted business of a federal copyright case. He claimed that when the case is settled without litigation, the multiplier is between two to three times the normal fee, but if the parties go to court, the multiplier goes up to ten times what the pre-infringement price would have been.

The Court recognized that such a formula may have some utility as a marketplace technique for resolving problems in the industry, but rejected its place in calculation of damages under the copyright law. In short, the Court said, "in litigated cases, infringement does not make a copyright more valuable."

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

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 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.

Lynn Seldon

November 7 - November 16, 2004

Beijing, Shanghai, Yangtze River Region (China)

January 16 - January 29, 2004

Antarctica

Gary Morris

November 12 - November 14, 2004

Buenos Aires (Argentina)

November 15 - November 20, 2004

Santiago (Chile)

Jim Olive

November 18 - November 30, 2004

Schenzhen (China)

Jane Kocmoud

February 19 - February 26, 2005

Panama Canal & Costa Rica

CHANGES

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

BILL SMITH STUDIO (450 W 31st St 3rd Fl, New York, NY 10001) former contact and e-mail: Christie Silver, Photo Editor, Christie@billstudio.com ; current contact and e-mail: Tanya Guerrero, Photo Editor, Tanya@billstudio.com . Former contact and e-mail: Sean Livingstone, Photo Editor, sean@billstudio.com ; current contact and e-mail: Scott Haag, Photo Editor, scotth@billstudio.com .

THAYER PUBLISHING (150 Kingswood Rd, Mankato, MN 56001) former contact and e-mail: Sue Anderson, Production Manager, Skanderson@thayerpub.com ; current contact and e-mail: Jodie Pospisil, Photo Editor, JAPospisil@thayerpub.com .

MILES MEDIA GROUP (2367-5 St Rt 232, New Richmond, OH 45157) contact person, Kimberly Hanrahan, Art Director. Former e-mail: khanrahan@direcway.com ; current e-mail: kim.hanrahan@milesmedia.com .

HUNTER PUBLISHING INC (239 S Beach Rd, Hobe Sound, FL 33455) contact person, Michael Hunter, President. Former e-mail: hunterp@bellsouth.net ; current e-mail: Michael@hunterpublishing.com .

HARPER'S MAGAZINE (666 Broadway 11th Fl, New York, NY 10012) former contact: Angela Riechers, Art Director; current contact and e-mail: Alyssa Coppelman, Assistant Art Director, Alyssa@harpers.org .

RELIGIOUS NEWS SERVICE (1101 Connecticut Ave NW St 350, Washington, DC 20036) former contact and e-mail: Mike Pauquette, Photo Editor, info@religiousnesservice.com ; current contact and e-mail: Toren Beasley, Photo Editor, info@religionnews.com .

LINKS MAGAZINE (1040 William Hilton Parkway Ste 200, Hilton Head Island, SC 29928) former contact and e-mail: Sheryle Wolfe, Art Director, swolfe@linksmagazine.com ; current contact and e-mail: Lynn Denagel, Photo Dept, denagel@linksmagazine.com .

HACHETTE FILIPACCHI CUSTOM PUBLISHING (1633 Broadway 40th Fl, New York, NY 10019) former contact and e-mail: Eugene Wang, Art Director, ewang@hfmus.com ; current contact and e-mail: Diana Haas, Art Director, dhaas@hfmus.com .

SIERRA CLUB MAGAZINE (85 Second St 2nd Fl, San Francisco, CA 94105) contact person, Seth Fields, Photo Researcher. Former e-mail: Christine.sommers@sierraclub.org; current e-mail: seth.fields@sierraclub.org .

INSTITUTIONAL INVESTOR MAGAZINE (488 Madison Ave, 12th Fl, New York, NY 10022) former contact and e-mail: Brian Gill, Production Director, bgill@iimagazine.com ; current contact and e-mail: Francis Klaess, Production Director, fklaess@iimagazine.com .

FRONTIER AIRLINES (7001 Tower Rd, Denver, CO 80249) former contact and e-mail: Diane Williams, Program Manager, TWertz@flyfrontier.com ; current contact and e-mail: Sarah Hazzard, Image Submission, shazzard@flyfrontier.com .

PUBLIC POWER MAGAZINE (2301 M St NW, Washington, DC 20037) former company name: PUBLIC POWER MAGAZINE; current company name: AMERICAN PUBLIC POWER.

MEGAPRESS IMAGES (1751 Richardson #2205, Montreal, QUEBEC, H3K 1GB, CANADA) former fax: 1 514 279-9859; current fax: 1 514 279-1971.

OXFORD UNIVERSITY PRESS (198 Madison Ave 9th Fl, New York, NY 10016) contact person, Judi DeSouter, Art Buyer. Former e-mail: desouterj@oup-usa.org ; current e-mail: judi.desouter@oup.com .

SWEAT MAGAZINE, contact person, Joan Westlake, Editor. Former address and e-mail: 6743 E Thomas #2, Scottsdale, AZ 85251, westwoman@aol.com ; current address and e-mail: 736 E Loyola Dr, Tempe, AZ 85282, editor@sweatmagazine.com .

WRIGHT GROUP / MCGRAW HILL (130 E. Randolph Suite 400, Chicago, IL 60601) contact person, Barbara Gamache, Image Manager. Former e-mail: Barbara_gamache@mcgraw-hill.com ; current e-mail: bgamache@sbcglobal.net .

GQ / CONDENAST (4 Times Square 9th Fl, New York, NY 10036) former contact, phone and e-mail: Michael Norseng, Photo Editor, 1 212 266-6691, Michael_norseng@condenast.com ; current contact, phone and e-mail: Halena Green, Photo Editor, 1 212 286-6531, halena_green@gg.com .

TEACHER'S DISCOVERY (2676 Paldan Dr, Auburn Hills, MI 48326) former contact and e-mail: Allison Buza, Project Coordinator, dchownyk@teachersdiscovery.cnchost.com ; current contact and e-mail: Sean Steingold, Art Director, ssteingold@teachers-discovery.com .

Top Company Names in the Stock Photo Industry

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How do they rank webtraffic-wise? And how does PhotoSource International stack up in comparison?

Traffic Ratings

In the stock photography world, there are several "large revenue" companies. Their direct involvement with stock photography ranges from total focus on stock, -- to stock being one segment of their operations. While PhotoSource International doesn't match revenues with these companies, we find it significant that our website is ranked near the top as documented by the rankings system of Alexa. com.

The following are listed from first ranked to last, as of October 30th, 2004.

859 Getty Image www.gettyimages.com feedback@gettyimages.com

2,085 Clipart.com(Jupiter)www.clipart.com support@jupiterimages.com

3,088 Corbis www.corbis.com clientsales@corbis.com

3,272 Photos.com(Jupiter)www.photos.com templatelicense@photos.com

3,773 Fotosearch www.fotosearch.com contact@fotosearch.com

10,867 Comstock Images www.comstock.com service@comstock1700k.com

14,382 Alamy www.alamy.com info@alamy.com

23,287 Megapixel.net(Jupiter)www.megapixel.net editor@megapixel.net

26,449 Veer www.veer.com support@veer.com

29,061 Index Stock Imagery www.indexstock.com info@indexstock.com

42,233 PhotoSource International www.photosource.com info@photosource.com

44,709 PictureQuest www.picturequest.com research@picturequest.com

46,619 Master www.masterfile.com info@masterfile.com

53,977 A.G.E. FotoStock www.agefotostock.com agency@agefotostock.com

66,117 Creatas www.creatas.com service@creatas.com

68,090 Digital Vision www.digitalvision.com info@digitalvision.com

74,259 Photonica www.photonica.com support@iconica.com

84,972 JupiterImages www.jupiterimages.com customerservice@devx.com

89,078 Thinkstock(Jupiter)www.thinkstock.com realpeople@thinkstock.com

121,050 Iconica Limited www.iconica.com support@iconica.com

131,181 Stockbyte www.stockbyte.com info@stockbyte.com

134,911 ImageState www.imagestate.com info@imagestate.com

153,553 PDNonline (VNU) www.pdnonline.com rgolden@pdnonline.com

238,093 AGPix www.agpix.com office@agpix.com

267,603 Science Photo Library www.sciencephoto.co.uk info@sciencephoto.com

306,539 HFP Photos www.hfmus.com jiannello@hfmus.com

346,228 IPNstock (VNU) www.ipnstock.com info@ipnstock.com

438,599 Mira www.mira.com mira@mira.com

444,870 PhotoServe (VNU) www.photoserve.com bgoldman@pdnonline.com.

503,457 Orion Press www.orionpress.co.jp: editorial@orionpress.co.jp

538,456 Stockindexonline stockindexonline.com space@creativecityonline.com

1,025,008 a21.Inc. www.a21group.com info@a21group.com

1,123,789 StockPhotoRequest stockphotorequest.com info@stockphotorequest.com

1,151,330 Zefa Visual Media www.zefa.co.uk info@zefa.co.uk

1,306,532 FutureStock www.futurestock.com sales@futurestock.com

3,493,001 StockPhotoFinder stockphotofinder.com fabricius@stockphotofinder.com

[There are many other fine companies out there that deal with stock photography. If you are dealing with one of them, or plan on dealing with one you've never heard of, you can make an analysis by joining Alexa.com. Alexa.com is a free service owned by Amazon.com. With an installed base of well over 10 million toolbars, the Alexa traffic rankings represent the largest and most global sample of Internet usage available in the world. The traffic rankings can be seen, on a per-site basis, for free at http://pages.alexa.com/prod_serv/index.html when you sign up for Alexa.com.]

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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.

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HOAXES AND VIRUSES

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Computer viruses are like colds. You usually don't know where they come from and you don't know (usually) if you're passing one on to others. Most viruses arrive in attachments. If you receive an email with an attached file from an unknown source, it's simply best to delete it. As for hoaxes, they're scare messages that are sent out by mini-hackers to get their jollies. For a list of now familiar hoaxes, go to: http://www.antivirus.com/vinfo/hoaxes/hoax.asp

Memory Card...

``````````````ON THE ROAD WITH DIGITAL

David Arnold and Gail RutmanWe're writing this column from Chicago, where we're spending a week shooting in the Latino Pilsen neighborhood. (Our stock photo specialization is Latino communities, culture, and people). The trip has reminded us of some of the differences between digital and film travel.

TRAVEL. No more unboxing scores of 35 mm cassettes and repacking them in double Ziploc bags for the airport security checks. And instead of the hundred rolls we would have carried, we have just four 1GB memory cards each, in a pair of tiny yet protective Lowepro memory wallets. On the other hand, we also had to pack two battery chargers, two 40GB digital albums for storage and backup (see our article "If It Can Fail..." in the August 25th PhotoStockNotes), and a 110 v. connector for our cameras for evening image review and for safe mirror lock-up when cleaning the sensors.

MORNING PREP:

FILM: Check the weather report, look out the window, and try to figure out what film to take for the day. (We used to carry five different speeds and emulsions on trips).

DIGITAL: Just grab the equipment and go.

SHOOTING:

FILM: Since you can't reshoot after you get your slides back, and you can't be sure you got your shot, bracket aperture and shutter speed as much as you can afford.

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

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LOOKING FOR A HARD-TO-FIND PHOTO? It's simple. Using the search engine Google, in the Google search bar, type in the keyword(s) describing your photo need, then a space, then the word photosource. Presto! The name of a photographer(s) having that particular photo in his/her file will come up at the top of your screen. Contact the photographer, and request a lightBOX viewing. Then negotiate a fee. >www.google.com<

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TRAVEL NOTES

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By Jeremy Hoare

Upsize the Future Upside

A digital problem, hopefully soon to disappear is that many photographers that you have probably dealt with have been using digital cameras, which produce output files that are just too small for magazine use. A colleague of mine has just fallen foul of this, having spent six months in Bolivia and Peru where he had taken lots of really nice pictures but at such a low file size as to be virtually unusable for publication. Unfortunately he used a small megapixel compact, so has had pictures for his articles rejected by editors.

My colleague was certainly despondent, but I cheered him up by suggesting that it won't be long before there will be software that can upsize such images without any severe degradation. We must surely get to this, as computers, cameras and peripherals are reaching the point where it is no longer financially worthwhile trying to get that extra small percentage of improvement. I have been told by a couple of photographers already, that the latest Kodak 14N delivers results equal to medium format, no doubt due to its full frame. One is a photographer who shoots architecture, and corrects perspective in Photoshop afterwards. When other reluctant manufacturers, notably Nikon and Fuji, move to full rather than half frame, it might well mean the end of further sales, so they are spinning it out for as long as possible, I guess.

Film Not Dead Yet

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This all impacts on me as a travel photographer. I now use digital for what it's good for, and film for the rest, horses for courses. So any low-light shooting is great with digital, but for scenics I'll stick with film a bit longer. One major reason is that the link between the camera and computer as regards backup is still a problem, for me at least. I recently read about a wildlife photographer who takes all the usual camera equipment plus two portable hard drives for backup plus a laptop for even more. I have no idea how anyone in this post 9/11 security-conscious era gets all that onto an aircraft as carry-on baggage with a 7kg maximum allowance, but would love to know!

I am about to shoot in Japan again, and have bought an Innoplus Phototainer 80GB portable hard drive, so hope this will last a bit longer than the seven days the Nixvue Vista did, on which I lost 250 images. So goes it in this digital age.

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>.

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Oscar Williams, photographer and long-time PhotoDaily subscriber from Kirkland, Washington, captured The Grand Prize in the Smithsonian Institute 1st Annual Photo Contest. Oscar's prize-winning photo topped more than 12,000 entries. http://www.smithsonianmag.com

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THE INS AND OUTS OF IRAs.

`````````````````````````This week's e-mails include a request for advice from a couple that I'll call Richard and Joan. Both work. But as of now, they are not putting any money into an Individual Retirement Account. And why not? Simply because they believe their salaries are too high to allow them to use these important tools for savings.

Unfortunately, like lots of other working persons, they misunderstand the rules for IRAs. That's not surprising, because there are several kinds. So here are some guidelines for Richard, Joan, and anyone else who needs to know the ins and outs of IRAs.

To qualify for a deduction for 2004 of as much as $3,000 ($3,500 for individuals who are age 50 or older before the end of the year), for funds stashed in a traditional IRA, you must have earned income and be under age 70 1/2. But if neither you nor your spouse is covered by a 401(k) or some other kind of retirement plan at work, it does not matter how sizable your income is.

And if you are covered, or your spouse is? Then be mindful of income limitations. You qualify for the full deduction only if your AGI (adjusted gross income), is less than $60,000 for a married couple filing jointly, or $40,000 for a single person.

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

PHOTOBUYER EASY LISTING. If you are listing more than one photo need, or several aspects of a need, you can make things clear if you number each aspect or subject. Use numbers and letter designations if the subject has several categories. Responding photographers will identify their submissions by using your number and letter designations. [Example] 1.) Shetland Sheepdog a.) fighting with bulldog; b.) sleeping on mattress; c.) running with poodle.

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.

Hey - you with the camera! - SECURITY concerns since Sept. 11, 2001, have hampered the freedom to photograph. http://www.csmonitor.com/2004/1129/p18s04-hfgn.html

Epson Sets New Record with World's LARGEST Digital Imaging Photo and Graphics Contest - Seiko Epson Corporation ("Epson") announced the final selection of winners in the 2004 Color Imaging Contest. Last fiscal year there were a total of 45,668 entries, making it the largest* worldwide contest restricted to digitally printed photos and graphics. http://www.creativepro.com/story/news/22222.html

Framed and Exposed: The Digital-Camera Gift Bag - Looking for GIFTS for the digital photographer in your life? How about some gadgets and gizmos? Here's what to give -- and what to ask for -- this holiday season. http://www.creativepro.com/story/feature/22205.html

Techniques in photography - DIGITAL photography is certainly the preferred way for taking pictures nowadays. Gorman, however, advises users not to be too dependent on digital imaging software in manipulating their pictures. "If too much manipulation is done to a picture, the result will not reflect the creativity of the photographer. http://www.ctimes.com.my/Outlook/20041125114104/wartrevamp

The Changing Face of WEB Design - The average user is no longer satisfied with a stale Web page. They want and are demanding cool designs and the ability to update their sites on the fly with fresh content. http://www.creativepro.com/story/news/22225.html

Veer's STUDENT Program aims to introduce young designers to licensed photography. http://www.creativepro.com/story/news/22227.html?cprose=daily

Snow photographer's work in new digital library - SNOW -evokes all sorts of reactions here in the Northeast., Wilson Alwyn Bentley was so fascinated by the falling snow that he spent two years developing a method of photographing individual snowflakes through his microscope, finally succeeding in 1885, at the age of 19. http://www.usatoday.com/weather/resources/basics/2004-11-28-snow-crystals_x.htm?csp=34

Designers Increasingly Challenged by the "VISION Question" - In Summer 2004, 66% of design and production firms were challenged by "understanding where our business should go in the future"- http://www.trendwatchgraphicarts.com/fastfacts/fast258.html

Local photographer clicks with Tour de France - Craig Smith worked himself into a role photographing LANCE ARMSTRONG' sixth win.

http://www.santacruzsentinel.com/archive/2004/November/28/local/stories/05local.htm

Photographer captures images of youths on death row in U.S. - New-York based Kazama, 46, has been visiting PRISONS in the United States, photographing juvenile death row inmates since 1996. http://www.japantimes.co.jp/cgi-bin/getarticle.pl5?nn20041126f1.htm

Coloramas: Who We Wanted To Be

Photographs so sweeping they were called "COLORAMAS,"

http://www.cbsnews.com/stories/2004/11/28/sunday/main657943.shtml

Women In Photography International, Virtual Call for Entries Deadline, December 1st. A Special Tribute to Photographer Henri Cartier-Bresson by WOMEN Photographers at womeninphotography.org.

http://www.prweb.com/releases/2004/11/prwebxml182347.php

TECHNIQUES in photography

http://www.ctimes.com.my/Outlook/20041125114104/wartrevamp

Seeing BUDDHISM through photos

http://metro.thestar.com.my/news/2004/11/9479887.html

Snapshot of a TRAGEDY http://www.columbiamissourian.com/news/story.php?ID=10869

Photographer Gene Paltrineri takes OLD-FASHIONED craft and applies new-age technology

http://www.fosters.com/november_2004/11.28.04/news/art_11.28.04c.asp

Journalists covering war should tell the TRUTH, good and bad

http://www.wilmingtonstar.com/apps/pbcs.dll/article?AID=/20041127/COLUMNIST17/41126102/1010/State

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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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## PhotoRESEARCHER Newsletter monthly newsletter is produced by PhotoSource International, Rohn Engh, Director, who is solely responsible for its contents.

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