News from PhotoSource International


PhotoRESEARCHER		PhotoRESEARCHER Newsletter for November## 423



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Who decides? The Value of Lost Slides

by Joel Hecker, Esq.

I have previously reported on cases involving loss of slides and questions of evaluation, and on other cases involving copyright infringement. A new case in Washington State now has both!
The case involves Chase Jarvis, a photographer engaged in outdoor sports and active lifestyle photography, and K2, Inc. and its subsidiaries, the maker of skis and other sporting goods equipment.
The photographer had a relationship with the defendant for a number of years and provided photographs for limited use. They had both oral and written contracts depending upon the time frame and photographs concerned. At issue in this case were two written and various oral contracts.
The written contracts each contained a clause that stated that it constituted the entire agreement of the parties and could only be modified in a writing signed by the parties. This of course is a standard type clause and is called a "fully integrated contract". This is important because the photographer, after completing each photo shoot, submitted the images along with a standard Delivery Memo which provided for the customary $1500 per image liquidated damage clause in the event of loss or damage.
The Court found on the loss claim that 396 slides had not been returned but that the Delivery Memo containing the $1,500 evaluation could not be considered because it constituted an unacceptable oral modification of a written contract. Since the integration clause of the contract did not permit oral modifications, the Court found that the Delivery Memos, which were not negotiated in advance nor accepted by the defendant, were not admissible.
The Court then went on to consider fair market value of images used by the photographer, taking an average of licenses granted for various markets and various uses within the markets. The photographer's expert witness testified that it was impossible to know the value of the lost slides and what their potential value in the future might be. This was in part because the photographer was not able to identify which slides in particular were missing from all those submitted (a substantial portion of the submissions were in fact returned). In addition, the expert testified that perhaps 90% of the lost slides might have no value.

CHANGES

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

THE MENNONITE (722 Main St, Box 347, Newton, KS 67114) former phone: 1 800 790-2498; current phone: 1 724 887-8500.
WILDLIFE CONSERVATION SOCIETY (2300 Southern Blvd., Bronx, NY 10460) former contact, phone and e-mail: Jason Watson, Graphic Designer, 1 718 220-7131, jwatson@wcs.org ; current contact, phone and e-mail: Sarah Werner, Graphic Designer, 1 718 220-5875, swerner@wcs.org .
MRM ASSOCIATES, contact person, Mary Rose MacLachlan, Picture Researcher. former address, phone and e-mail: 1541A Maple St, Vancouver, BC V6J 3S2, CANADA, 1 604 642-2516, mmachlach1@shaw.ca ; current address, phone and e-mail: 250 Woodland Drive, Salt Spring Island, BC V8K 1K2, CANADA, 1 250 537-2594, mrmassociates@telus.net .
BEVERAGE WORLD INT (226 W 26th St, 10th Fl, New York, NY 10001) contact person, Andrea Foote, Editor. Former phone: 1 646 654-7714; current phone: 1 646 708-7328.
AMERICAN JUDICATURE SOCIETY, contact person, David Richert, Editor. Former address, phone, fax and e-mail: 848 Dodge #468, Evanston, IL 60202, 1 773 973-0145, 1 773 338-9687, dirchert@ajs.org ; current address, phone, fax and e-mail: 4255 N Marmora Ave, Chicago, IL 60634, 1 773 283-2992, 1 773 283-4993, wolf.enteract@rcn.com .
OUTPOST MAGAZINE, contact person, Chris Frey, Editor-in-Chief. Former address: 474 Adelaide St E Lower Level, Toronto, ON M5A 1N6, CANADA; current address: 425 Queen St W, Ste 201, Toronto, ON M5V 2A5, CANADA.
OKLAHOMA TODAY, former contact, address, phone, fax and e-mail: Louisa McCune, Editor-in-Chief, PO Box 53384, Oklahoma City, OK 73152, 1 405 521-2496, 1 405 522-4588, mccune@oklahomatoday.com; current contact, address, phone, fax and e-mail: Steffie Corcoran, Senior Editor, PO Box 1468, Oklahoma City, OK 73101, 1 405 230-8450, 1 405 230-8650, steffie@oklahomatoday.com .

COPYRIGHT... It Costs You Nothing...

In my seminars and workshops I ask the audience members, "What does it cost to copyright an article, an essay, column, song, or a photograph?"
"$30!" a veteran editor says.
"$10!" another corrects him.
"$100, plus attorneys fees..." another says.
They're all wrong. It's free.
Copyrighting anything you have created costs you nothing. You simply put ‘Your Name 2005’ (2006, etc.) on it, beside it, or wherever the public can read it, and the act of copyright is done. It's free -- a gift from your government.
You've probably heard that registering your copyright costs you $30. Yes, that's true, there is a $30 dollar fee if you choose to formally register your song, short story, photograph, painting, or whatever. You fill out Form TX for the written word, or form VA for graphic creations, such as photographs. Send in two copies of the 'work', plus your $30 dollars, to the Register of Copyright, Library of Congress, and your work will be entered into the archives and you will be in a better position to collect compensation in case of copyright infringement.
However, your work is still protected when you simply place a (c), plus your name or the name of your publication, on your masthead of your periodical, or over one of your thumbnails on the web.
Many people confuse registering a trademark, or patenting an invention, with copyright. The first two consist of long and drawn-out processes, and usually require an attorney. Not so with registering a copyright.
If you haven't taken advantage of the free copyright privilege provided to you by our Copyright Law, begin to do so today. A (c) on everything you've produced, wards off would-be infringers. It carries the aura of a federal offense -- like the label on a mattress: Do Not Destroy Under Penalty Of Law. The (c) sign also adds an air of professionality.

[ ] What does work-for-hire mean?

If a person is employed by a company and takes a photograph or writes a story for that company as part of their duties as an employee, generally speaking that is work for hire. The company owns the photo or created work, not the person who created it. Perhaps you have, somewhere along the line, signed a "work for hire" agreement with an employer. If you haven't, the new law assumes you have total ownership of your pictures, or musical compositions, or writing, unless there’s an agreement in writing to the contrary.
If you are an editor of a company magazine and you specifically order or commission a freelancer to take a certain picture for which you want to retain all rights, and you have a signed agreement saying so, the freelancer is "working for hire."
However, if you, as an editor of a magazine, give a freelancer an assignment (writing or photography) and your magazine pays for the film and expenses, the writer or photographer is not necessarily working for hire unless you and he/she sign an agreement saying so.
Most writers or photographers don't care to sign such documents. If they do, they demand a much higher fee than their normal "one-time rights basis" fee.
On the other hand, if you do not commission the writer or photographer to "work for hire,” there's a monetary advantage when you "lease" a photograph or an article on a one-time rights basis, at a cost much lower than if you were to purchase exclusive rights to that article or photograph. If your magazine or periodical has a medium or low budget, explain to the photographer or author that he/she is free to market their work elsewhere since you are purchasing only one-time rights. Because your periodical is specialized, you'll probably have no problem with cross-readership conflict.
[Section 101(1)(2)]

[ ] How long does an author own the copyright on his/her writing or a photograph?

Want to read more of this article? Go to: http://www.photosource.com/researcher/05rb23.html

ON-LINE
by Bill Hopkins

The Sounds of Typing
Researchers at the University of Berkeley, CA, have been able to figure out what's been typed on a computer keyboard just by listening to the sounds made while typing. They fed the sounds into a computer, and using an algorithm they developed for deciphering the acoustic signatures, were able to determine what was typed with a 96% accuracy! They used no special recording equipment, and the algorithm was adaptive and able to filter out background sounds such as music or ringing cell phones, and to handle multiple people typing simultaneously. While this "acoustic snooping" technique may be more likely utilized for corporate espionage or spying on top-secret installations, such usage may now or in the future be used to extract your personal information as it's being entered into databases by those big data aggregators, or other institutions such as banks, brokerage firms, and insurance companies. The list could be endless.

The Unannounced Recall
Been having problems lately with your digital camera or camcorder? Problems with distorted or blank images in the viewfinder or display, perhaps? The problem may be in the imaging chip, and if so, you can probably get it fixed for free. The defective chip was made by Sony between 2002 and 2004, has since been discontinued, but cameras containing the chip may still be on dealers' shelves. Equipment from Sony, Canon, Konica, Minolta, Rico, Fuji, Nikon, and Olympus are among makers of the over 80 models of cameras, camcorders, and hand-held computers that may contain the chip. Hot and humid environments increase the likelihood of chip failure. These companies have promised to repair the camera for free (or replace it at their discretion), provided the problem is in the imaging chip and the chip has failed. If you have a camera with this chip that has not failed, you're out of luck until (or if) it fails. Check the respective company's websites for a listing of affected models. As an aside, we all know that major manufacturers (and not just camera makers) sometimes share parts made by others. This is especially true with complicated computer chips. And we also know that they don't generally reveal this "little secret," which was the case here with the imaging chip. The commonality was first revealed by www.imaging-resource.com, which among other things, contains reviews of digital cameras. You can check out their listing of affected models at http://www.imaging?resource.com/badccds.html. More power to the Web!

Want to read more of this article? Go to: http://www.photosource.com/researcher/onlin163.html

Anywhere in the World

The Internet is proving that it is the image-delivery system of the future. It is important for buyers and photo researchers to understand that they can easily have direct contact with individual photographers worldwide, thanks to the Internet, whether the photographers live in a high mountaintop cabin or a high-rise in Hong Kong.
We are finding here at PhotoSource International that more and more photobuyers and photographers are realizing the benefits the Internet affords them for research and delivery. We talk with 10 to 20 photobuyers each day, and more and more of them are utilizing the Web.
The automobile, airplane, and the telephone launched huge leaps in communication among peoples of the world, and so do the capabilities of the new Internet delivery system. But the Internet goes even farther. It affords independent researchers and small companies the search and delivery powers that were once the domain only of the large stock photo agencies.
Now that images can be both pre-viewed and transmitted electronically, this opens the curtain on brand new horizons of opportunity for both photobuyers and photographers.
The top dog major stock agencies are no longer, well, top dogs. In the past, creative persons, whether songwriters, musicians, photographers, filmmakers, etc., had no way of competing against the middleman agents. It was near impossible to break into the ranks.
The World Wide Web has changed all of this. For example, if a publisher is producing a book, CD, magazine article, Web review, TV special, on agricultural growth of cucumbers in Venezuela, there is now no reason to turn to a large digital stock agency to seek the needed images. Using web search engine efficiency, a buyer can, in minutes, locate photos from independent freelancers, and save money by eliminating the middleman.
Also important, images from a corporate stock agency would usually be 'generic' in commercial style (smiling, contented farm workers (usually models), shiny new equipment, clean landscapes, etc.) Being able to directly tap the files of independent photographers makes real-life, on-the-scene images, more accessible.
THE AGE FACTOR
Furthermore, many agency images can be at least 6 to 12 months old. (It takes that long for the corporate bureaucracy at most major stock photo agencies to acquire, edit, catalog, and process a single image.)

Want to read more of this article? Go to: http://www.photosource.com/researcher/cb9.html

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 Lela LaBree (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 Ahrens
October 19 – October 29, 2005
Buenos Aires, Argentina
November 5 – November 20, 2005
Rio De Janiero, Brazil

Steve Robertson
November 7 – December 29, 2005
Vietnam, Cambodia, Laos, Thailand

TAX TIPS
For the freelance photo researcher… It’s not your family car
by Julian Block, Esq.

In your stock photography researcher operations, do you use your car for business reasons? ("Car" can mean an automobile, van, pickup, or panel truck.) Say, trips to see clients or customers, or to attend meetings, or, of course, to review or purchase photos? If you do, you’ll find the tax code allows you to use one of two methods to figure your deductions: actual expenses, or a standard mileage rate.
The list of deductible items includes gas, oil, tires, repairs, license tags, registration fees, insurance, garage rent, lease payments, parking fees, tolls, and depreciation. (Commuting to and from your place of work is not deductible.) The interest portion of car payments is not a deductible car expense if you are an employee, but it is deductible if you are self-employed.
Opting for the actual-expense method in the first year the car is used for business requires you to stick with that method as long as you have that car. Moreover, there are restrictions on depreciation deductions for cars used less than 50 percent of the time for business driving. Another limitation applies to cars used for both business and personal driving. You have to divide total costs between the two purposes; the cap on your deductions is the percentage of costs attributable to business use.
The standard mileage rate encompasses depreciation, as well as insurance and other car expenses. The standard rate spares you the bother of tracking actual expenses; you only need records of business miles driven for the year. For tax year 2005, the standard rate is 37 cents a mile.
The IRS restricts use of the standard rate. If you don’t use the rate in the first year, you are precluded from using it for that car in any year. But if you do use the rate in the first year, there is some leeway. In subsequent years you generally have the choice to use either the rate or actual expenses.
When you claim the mileage allowance, remember to take a separate deduction for parking fees, and bridge, tunnel, and turnpike tolls paid while you are on business. (Parking fees at your place of work are nondeductible commuting expenses.)
Reminder: Individuals may deduct up to $2,000 for a car that uses clean-burning fuel. (You can claim the deduction for a past year by filling an amended return.)
Figure your deduction both ways (actual expenses or mileage rate) to see which option provides a larger write-off for your particular situation. Usually actual expense is more advantageous than the mileage rate, particularly if your car is a gas-guzzler. But the reverse can be true for folks who have extremely low outlays or scant business mileage.
If the IRS audits your return and questions car expenses, they will not challenge a standard-rate deduction, provided you are able to substantiate the miles driven.
Keep a glove compartment diary where you list each business use, when, how far, and why you went, along with the cost of parking and tolls.
A final thought: I advise my clients to claim all car deductions to which they are legally entitled. In my experience, they should not let the possibility of IRS scrutiny cause them to put the brakes on breaks that can significantly lessen the amount siphoned off for taxes.

Julian Block, a former IRS agent and tax attorney, is the author of "Julian Block's Tax Avoidance Secrets," $33.95. (560 pages; mention you are a PhotoStockNotes subscriber and receive the book for $19.95), 3 Washington Sq, Station 5, Larchmont NY 10538-2032). Julian can be reached at julianblock@yahoo.com.

Watch for developments in the field of stock photography in PhotoResearcher's
PHOTOGRAPHY IN THE NEWS
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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.

Alamy Reaches Four Million Images - With content from over 5,500
photographers and 340 agencies worldwide, ALAMY has reached its year end
target of 4 million images online more than one month ahead of schedule.
http://www.creativepro.com/story/news/23668.html

HP Introduces Digital Photography Software that Produces HIGH-QUALITY PRINTS
in Just Two Clicks http://www.creativepro.com/story/news/23665.html

Photography anthologies make excellent HOLIDAY GIFTS for many different
types of people. Here are our picks for the best.
http://www.msnbc.msn.com/id/10183447/site/newsweek/from/RSS/

Swedish Capital Sees LESS SILVER POLLUTION Thanks to Digital Photos - The
growing use of digital photography has helped clean the water in the Swedish
capital by reducing emissions of silver into the sewage systems from photo
labs, experts said Thursday. http://www.enn.com/today.html?id=9329

PRINCESS DIANA photos from final shoot on display - Candid, poignant and
provocative, 15 pictures of the late Diana, princess of Wales, taken in her
final photo shoot by photographer Mario Testino, are going on display at her
former Kensington Palace home.
http://www.usatoday.com/news/world/2005-11-27-dianasfinalshoot_x.htm

A highly colored view of nature - Robert Turner is a LANDSCAPE PHOTOGRAPHER
who specializes in large-format color pictures. He likes his pictures
vivid -- very, very vivid -- which affects how he uses color.
http://www.boston.com/ae/theater_arts/articles/2005/11/27/a_highly_colored
_view_of_nature/?rss_id=Boston+Globe+--+Living+/+Arts+News

Hy Money's Book celebrates Club's centenary year - The book "Hy on Palace"
that shows every aspect of Crystal Palace's history from 1971 to the present
day. It is one of the biggest collection of photos ever dedicated to one
club by one photographer and is certainly the first photographic book on a
FOOTBALL CLUB ever produced by a woman. http://i-newswire.com/pr50910.html

PHOTOGRAPHER'S CAR is pretty as a picture - Wayne Paulo doesn't wear his art
on his sleeve - he prefers a fully-wrapped Citroen C2.
http://www.blackpoolonline.co.uk/ViewArticle2.aspx?SectionID=63&ArticleID=1265598

BACTERIAL FILMS turn to photography
http://www.nature.com/news/2005/051121/full/051121-8.html

Disparity in 2 sex cases is debated -- Elissa Schuster's NUDE PHOTOGRAPHY and rape
http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20051128
/NEWS08/511280396/0/NEWS

“My keen EYE FOR NATURE.” After after taking up digital photography...
Batley's Louise Cain has gained a unique achievement at Normanton Photographic Society.
http://www.batleytoday.co.uk/ViewArticle2.aspx?sectionid=1480&articleid=1269259

Baby image of the day: hugging bear, in light photos of Mayan daughter
http://www.bloggingbaby.com/entry/1234000280070145/

Next Month: Copyright registration

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Coming January 1st !

And now a direct way to view and download your specialized photos needs…

Type your photo need (one word or several words) into the Google text
bar, then a space, and then the word photosource.

A page will come up with photographers’ names who have your specialized photo need. They are ranked by relevancy. Click on the photographer’s URL that has a “PhotoSourceGROUP icon" (this indicates an actual photo (or a lightbox) is available for you to examine.)

If no icon is available, click on the photographer’s URL and request a
lightbox be sent to you.

This is a 24/7 service.
It begins January 1st

GOODSTUFF

THE NATIONAL GEOGRAPHIC TRAVELER: GREAT BRITAIN. Like all the books in the National Geographic Traveler paperback series, this guidebook is rich with photography, maps and historical context. Contains complete visitor information plus hotels, restaurants, shopping, entertainment, and festivals; details walking and driving tours; gives in-depth site descriptions and background information. ($27.95; ISBN: 0-7922-7425-3) Contact: Penny Dackis, National Geographic Society, 1145 17th St NW, Washington, DC 20036.

DIGITAL PHOTOGRAPHY 101, by Michelle Perkins. Covers buying and using digital photography equipment. Quick two-page lessons show you how to select and work with digital cameras, scanners, computers, and printers—taking the mystery out of these powerful tools. Also featured are step-by-step techniques for performing common image-editing tasks like red-eye reduction, color and exposure correction, sharpening, and retouching. ($14.95; ISBN: 1-58428-160-X) Contact: Amherst Media, 175 Rano St, Ste 200, Buffalo NY 14207. Phone: 1 800 622-3278. Fax: 1 800 622-3298. E-mail: marketing@AmherstMedia.com.

WORKSHOP

FOURTH ASPP EDUCATION CONFERENCE IN SAN FRANCISCO, March 23-26, 2006 at the Crowne Plaza Hotel in Union Square. Fees: Single Day Fee for either Friday or Saturday (includes all seminars and lunch): ASPP Members $250 day; Sister Organizations $325 day; Non Members $375 day. For all of the events: ASPP Members $400; Sister Organizations $525; Non Members $575. For more information contact: Cathy D-P Sachs, The American Society of Picture Professionals, 409 S Washington St, Alexandria VA 22314. Phone: 1 703 299-0219. E-mail: cathy@aspp.com . All of the details are on the website at http://www.aspp.com or go to the registration page at http://www.aspp.com/2006_edconf
/2006_edconf.lasso.

NANPA’s 12th ANNUAL SUMMIT AND TRADE SHOW. Denver, CO. February 8 – 12, 2006. The NANPA Annual Summit is the connecting point for those engaged in nature photography. By bringing professionals and amateurs together in an open exchange of ideas, experiences, and the newest technical information, the meeting provides an education opportunity for nature photographers, and offers exhibitors the opportunity to display products and services to a key market. For more information contact: North American Nature Photography Association, 10200 W 44th Ave, Ste 304, Wheat Ridge, CO 80033-2840. Phone: 1 303 422-8527. E-mail:info@nanpa.org . Web: http://www.nanpa.org .

WANT TO TEST THE POWER
Of the PhotoSourceBANK ?

In the GOOGLE search bar, type a description of a photograph a buyer could be looking for, then a space, and then the word photosource.
Presto! Your selection will come up on page Number One of Google.
More and more, photobuyers are learning this quick, easy, method of zeroing in directly to the “source” of a highly-specific photo need.

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This week's featured photographer on PhotoSourceFolio:
Dick Schreiber (http://folio.photosource.com/2682)
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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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/prsearch.html then type in your keyword.

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## PhotoRESEARCHER Newsletter monthly newsletter is produced by PhotoSource International, Rohn Engh, Director, who is solely responsible for its contents.
For information about PhotoSource International:
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ask for Lela LaBree
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