News from PhotoSource International


PhotoRESEARCHER		PhotoRESEARCHER Newsletter for February## 425



	Welcome to PhotoRESEARCHER Newsletter, a free monthly newsletter from PhotoSource International. <http://www.photosource.com> To sign up for our free photoRESEARCHER Newsletter, visit us online at: http://www.photosource.com/photoresearcher (If you do not wish to receive the PhotoRESEARCHER Newsletter, please see the instructions at the end of this newsletter.)

Keeping up with the times...
Is It Still Called Stock
Photography ?

A century ago, magazines featured mostly text. Graphics were secondary. Today, it's reversed. If you include advertisements, our periodicals today feature more graphics than text. The “automated” stock photo services (with Royalty-free photos that offer lower prices for photos), are providing quality generic images to publishers who previously couldn't afford photography as an option. As a result, new markets are now opening up for photographers who produce generic images.

The stock photo industry has finally come around to recognizing a previously largely neglected major marketing principle (one that we actually have been espousing here at PhotoSource International since our beginning). To wit: there's a vast market of photobuyers who are not interested in high-fee, RM ("rights-managed") photos. They simply want an image they can temporarily use, one-time, in one of their low-circulation, limited-readership, publications.
Let me backtrack.
In the 1950's, there were few stock photo agencies. When I returned from a trip through Africa in 1958, I sought out an agency from the few listed in the Manhattan telephone directory. My photos landed at Photo Researchers, then a two-person, New York City hole-in-the-wall on 42nd Street. Photo Researchers is still there today, having expanded ten-fold.
The dozen or so "managed-rights" photo agencies of the '60's have increased to several hundred agencies today. In the late 80's this "managed-rights" stock industry was at its peak. Today it's still thriving, with a major impetus being the emergence of the massive corporate digital agency (Corbis, Getty, Jupiter Media, Index Stock Imagery, SuperStock, etc.). The smaller stock photo agencies are folding or being absorbed in mergers, or have resorted to specializing.

THE TRANSFORMATION

The Digital Era has transformed other major industries: communications, transportation, banking, plus the military and government. It was bound to transform our stock photo industry, and it has.

Transformative Copying is Not
Copyright Infringement
Is it Fair Use?
by Joel Hecker, Esq.

In yet another case involving the fair use defense to claims of infringement of a copyrighted photograph, a recent decision in the United States District Court of the Southern District of New York, in Andrea Blanch v. Jeff Koons, found against the photographer and dismissed the claims on the grounds that the use was transformative.
The court made the following factual determinations:
The plaintiff's photograph, entitled Silk Sandals by Gucci, shows the lower part of a woman's bare legs (below the knee) crossed at the ankles, resting on the knee of a man apparently seated in an airplane cabin. She is wearing Gucci sandals with an ornately jeweled strap. One of the sandals dangles saucily from her toes. As a whole, the photo conveyed a sense of sleek elegance, with faintly erotic undertones, and was designed to illustrate the metal-flecked polish on the model's toenails. It was published in Allure Magazine as part of a six-page article about metallic makeup.
Koons copied only the model's legs, feet and Gucci sandals as one component of his painting entitled Niagara, which was one of seven works commissioned by defendant Deutsche Bank and exhibited by defendant Guggenheim Foundation. Koons did not copy the background or any of its details. The legs are hanging vertically with three other pairs of legs and feet, roughly parallel to each other.

ANDY WARHOL REVISITED?

Koons explained his selection of the legs in the photo (rather than just painting different legs) as an "iconic representation as presented to the public in ubiquitous media". His paintings, he said, are not about objects or images he might invent, but about how we relate to the things that we actually experience. Therefore, he had to use images from the real world, real things that are actually in our mass consciousness.
The court accepted this rationale as to intent and purpose. It also found that the painting's use of the copied elements - the crossed legs, feet and sandals - was different from their use in the photograph; and therefore did not "supercede" or duplicate the objective of the original. Rather, it was raw material in a novel context to create new information, aesthetics and insight. This type of use - whether successful or not - is a transformative use under the copyright law.

Want to read more of this article? Go to: http://www.photosource.com/researcher/legal130.html

CHANGES

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

HUMAN KINETICS (1607 N Market St, Champaign, IL 61820) contact person, Sarah Ritz, former phone: 1 217 351-5076; current phone: 1 217 403-7652.
PUBLICATIONS INTERNATIONAL, LTD (7373 N Cicero Ave, Lincolnwood, IL 60712) former contact and e-mail: Rebecca Burton, Associate Acquisitions Editor, RBurton@pubint.com ; current contact and e-mail: Jacquie Day, Associate Acquisitions Editor, JDay@pubint.com .
IMAGE RESOURCES (140 S Dearborn Ste 1450, Chicago, IL 60603) contact person, Carol Parden, Photo Researcher, former e-mail: parden@anet.com ; current e-mail: pardenc@sbcglobal.net .
OVERSEAS ADVENTURE TRAVEL, contact person, Sarah Miley, Marketing Director, former address, phone and fax: 625 Mt Auburn St, Cambridge, MA 02138, 1 617 876-0533, 1 617 346-6200; current address, phone and fax: 347 Congress St, Boston, MA 02210, 1 617 346-6230, 1 617 346-6844.
ARMY MAGAZINE (2425 Wilson Blvd, Arlington, VA 22201) former contact: Patty Zukerowski, Art Director; current contact: Paul Bartels, Art Director.
DELTA SKY MAGAZINE (1301 Carolina St, Greensboro, NC 27401) former contact and e-mail: Jaqueline Ward, Jacqueline.ward@paceco.com ; current contact: Erin Bowen, erin.bowen@paceco.com .
INTERNATIONAL READING ASSOCIATION (PO Box 8139 , Newark, DE 19714-8139) former contact: Annette Schutz, Design Coordinator; current contact: John Micklos, Design Coordinator.
CANYON MEDIA (PO Box 142, Driggs, ID 83422) contact person, Scott Cullins, former e-mail: artwork@ytcountry.com ; current e-mail: info@ytcountry.com .
NATIONAL PARKS MAGAZINE (1300 19th St, Washington, DC 20036) contact person, Amy Leinbach, Photo Editor, former e-mail: amarquis@npca.org ; current e-mail: aleinbach@npca.org .
COMPLETE WOMAN (875 N Michigan Ave Ste 3434, Chicago, IL 60611) former contact and e-mail: Scott Oldham, Art Director, oldham@associatedpub.com ; current contact and e-mail: Kourtney McKay, Art Director, mckay@associatedpub.com .
LATIN TRADE MAGAZINE (95 Merick Way, Miami, FL 33134) contact person, Bryan Cooper, former phone: 1 305 702-4115; current phone: 1 305 358-8373.
STUFF MAGAZINE (1040 Ave of the Americas 12th Fl, New York, NY 10018) former contact and e-mail: Alisha Borth, Associate Photo Coordinator, Aborth@stuffmagazine.com ; current contact and e-mail: Annie Chia, Associate Photo Coordinator, chia@stuffmagazine.com .

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.

Henry Westheim
December 1 – January 30, 2006
Taiwan

John Beebe
December 1 – July 1, 2006
Sri Lanka

Bethnay Ebling
December 23 – December 31, 2005
Thailand, Japan

Ryan O’Mara
January 16 – January 23, 2006
Zagreb, Croatia and Benja Luca, Bosnia

Jon Hill
January 28 – February 4, 2006
Cebu, Philippines
July 2 – August 12, 2006
Alaska

Does Creative
Freedom Exist?

The division of editorial photography known as photojournalism is a noble adventure. Not only does the photojournalist enjoy travel and get paid for it, but they are permitted a passport into the lives of others, locally as well as all around the world.
What profession could be more exciting and rewarding?
But there are roadblocks. Because the photojournalist represents an investigative factor, he/she is not always welcomed - especially by political, social, military, and governmental elements that would rather not expose their own shortcomings.
So, a photojournalist finds themselves in a battle between their passion to tell the story and get it right, and the deterrents that would prevent them from "trespassing" into the subject’s domain.
There are also detours. A good photojournalist will be offered incentives that can entice them to give up their initial interest in photojournalism and turn their talents to more commercial areas for greater income and social status, areas like public relations, advertising photography, corporate assignments, etc.
Such temptations exist in all fields. A talented musician can be tempted to turn to producing elevator music; a talented composer to TV show themes; a talented writer to Hollywood screenplays; an established actor to performing in TV commercials.
The difference in pay scale can be attractive. In photojournalism, unless the photojournalist is well-known with many credits, remuneration for their work is not much higher than for basic labor positions (sometimes lower!).

PAY REDUCTION

Add to the financial challenges the fact that like any business, the publishing world is always trying to reduce expense. Often their first target is freelancers and staff photographers. An attempt is being made in Germany (Frankfurt) to reduce the employee classification of a photojournalist from editorial worker to clerical worker. If this move is successful, the pay scale of photographers would be lowered to be on a par with clerical workers, not editorial employees.
It would seem that organizing into a union of members would be the answer for the photographers. It isn't. Freelancers by their very nature are independent people and are resistant to 'organizing.' Creativity can't be organized. As an observer of freelancers over the years, I've seen attempts to unionize freelancers come along, sputter, and disappear.

Want to read more of this article? Go to: http://www.photosource.com/researcher/gen604.html

Keeping you happy….
What and How to
Send To You

As you know, there's a right way and a wrong way to do pretty much everything, and this, of course, also holds true when it comes to receiving your images from photographers. If they do it right, they might win a client that'll stay with them for 20 years. If they do it wrong, they might miss out on sales that could result in thousands of dollars lost over a period of several years.
Here at PhotoSource International, we always stress to photographers -- sometimes to the point of harping -- that the cosmetics are very important when it comes to putting together a photo submission. After all, this is a visual industry, and that makes "looks" even more important.
We ask our photographers: “Does your package submission arrive clean, crisp, inviting and interesting? If it doesn't, chances are it'll end up in the 'to-do-pile' for whenever, or ignored completely.”
We advise them: “The outer packaging (a stiff, substantial cardboard mailer) should be white and it should be clean. Use a professionally printed label with return address and a space to enter the photobuyer's name and address. A good place to find high quality mailers is < www.mailersco.com >.”
Why not a manila or brown envelope? Most materials sent in that color of envelope tend to be regarded as “parcel post,” or "third rate." White envelopes project more class..
We ask photographers to do their homework before mailing. Find the name of a specific photobuyer at their target publishing company and send their package to that person's attention. Double check with the receptionist at the publishing house for the correct spelling of the contact's name and title.

Want to read more of this article? Go to: http://www.photosource.com/researcher/sbar8.html

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.

Amazing Internet Awards the Winner of Photographer of the Year 2005 - Claire
Morgan's images caught the judges' eye because they found an AIR OF MYSTERY and intrigue about her work, as well as finding a fresh and instantly
recognisable style of photography.
http://www.theopenpress.com/index.php?a=press&id=7055

The photographers who captured and captivated - Photography today is often
large-scale, in color, and manipulated by computer. Sixty years ago, the
starting point for "Radical Vision," it was small-scale and BLACK-AND-WHITE.
http://www.philly.com/mld/inquirer/entertainment/
13671099.htm?source=rss&channel=inquirer_entertainment

Lens trained on WORLD TRAGEDIES - As an official photographer for the
International Committee of the Red Cross, it has been Fred Clarke's job for
the past seven years to document the pain and suffering caused by conflicts.
http://www.rctimes.com/apps/pbcs.dll/article?AID=/
20060122/NEWS01/601220355/1006/MTCN0301

Konica Minolta EXITS CAMERA BUSINESS, transfers assets to Sony
http://www.desktoppipeline.com/showArticle.jhtml?
articleId=177102726

Kingston's New 'Icons of Photography' Program OFFERS HOW-TO TIPS From World Renowned Photographers
http://biz.yahoo.com/prnews/060123/lam002a.html?.v=1

GARDEN Photography
http://www.garden.org/regional/report/arch/2007

Photojournalist Tony Ranze dies at 44
http://www.orlandosentinel.com/news/local/state/orl-
ranzeobit2306jan23,0,1616810.story?track=rss

"Radical Vision" at the JAMES A. MICHENER Art Museum offers a great
primer on avant-garde photography that emerged after WWII.
http://www.philly.com/mld/philly/entertainment/performing_arts/
13671099.htm?source=rss&channel=philly_performing_arts

Paper Tips: Uncoated Speaks Softer - Designers are now comparing uncoated
with coated sheets for brochures, stationery, and manuals. To compete with
the demand, a wider variety of UNCOATED PAPERS are coming into the market.
http://www.creativepro.com/story/feature/23850.html

StockPhotographer.info, a New Information Portal for the Stock Photography
Industry - In the past few years, the STOCK PHOTOGRAPHY industry as a whole has experienced tremendous change and upheaval.
http://www.creativepro.com/story/news/23847.html

Konica Minolta drops photography - Konica Minolta Holdings Inc. of Japan
announced on Thursday that it would STOP MAKING PHOTOGRAPHIC FILM, photographic paper and both film and digital cameras in response to the
massive technological change sweeping over the industry.
http://www.democratandchronicle.com/apps/pbcs.dll/article?
AID=/20060120/BUSINESS/601200386/1001/rss03

Photographs tell stories of Stride kids' passions - Grade 6 and 7 students
from Stride Community School learned the principles of photography by first
photographing using one of the pinhole cameras and then used conventional
cameras to explore what they value in life.
http://www.burnabynewsleader.com/portals-code/list.cgi?
paper=41&cat=23&id=576372&more

Photographer's work goes from pretty to gritty - Photographer Thorney
Lieberman sits in his Charleston home and tries to explain why, after 20
years idolizing skyscrapers for a big New York architecture firm, he's on
Virginia Street trying to put together a book of gritty pictures of
Charleston. http://www.wvgazette.com/section/Life%20&%20Style/2006011925

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Next Month: Corbis Sygmas Loses Images

GOT A PHOTO NEED? Send it to eds@photosource.com(Just write up your photo listing in any way you feel clearly gets across what you need) or use our standard form at < http://www.photosource.com/
photobuyer/request.php >. It’s free. No charge.
Once you use our photo listing service, details of contact info, budget rouge, w/color, any specifics like “requests no phone calls,” etc., will be saved on your personal computer so you don’t have to re-type them when you make a photo need listing the next time.

Because You Need Them

It's the year 2006. You are searching for a photo of a jack oak (Quercus ellipsoidalis), taken in late fall or early winter, before the leaves have fallen. People should be in the picture, including teenagers (13-19 years old), animated and enjoying the outdoors.
The old adage, "once you've seen a tree, you've seen 'em all," doesn't work anymore. Your clients are no longer satisfied with standard catalog shots of trees. For your project in progress, your image will have to complement the message of the text. The author requires it, the readers expect it.

PICKY-PICKY PICS

Photobuyers in the 80's and 90's didn’t have to be picky-picky. They could be satisfied with "something nearly on-target," because readers didn't expect on-target illustrations. Besides, a decade ago the methods available to try to locate a highly-specific picture were labor-intensive and costly. Today, photobuyers are more selective. They know they can tap easily into highly specialized collections of photos, thanks to the Internet. If one agency or individual photographer doesn’t have the exact picture a buyer needs, they can quickly find someone who does.
Back to your search for a picture of Quercus ellipsoidalis. You may need such a picture just once. But now you have a good chance of quickly and easily finding a photographer or agency, on the Internet who specializes in trees.
In the interest of speed and cost, you will seek out an Internet site(s) that provides strong coverage of "trees" (there are 66 species of oak trees alone).
Photobuyers in the coming decade will look more and more to photographers who specialize. The Internet is going to make such photographer – specialists valuable resources to photobuyers in the coming decade. You will be able to easily contact a photo specialist directly, because increasingly you will be seeking content-specific pictures, whether it be fly fishing, orangutans, the Chesapeake Bay, rodeos, gliders, or oak trees.
Here at PhotoSource International, we tell photographers to remember when marketing their pictures: Photobuyers buy pictures, not because they like them, but because they need them.-RE

LOOK LIKE A PRO when mailing your next print, ad, or disk: The “Way Less” envelope stiffener will not only create a high-tech look to your project but save you more than fifty cents in postage on an average mailing. (They pay for themselves!)
Made of extruded sheets of stiff corrugated polypropylene, the “Way Less” envelope stiffeners are lint and dust free, and unlike cardboard are impervious to moisture. Available in all popular envelope sizes. To learn more, order, or request a free sample, visit: www.envelopestiffeners.com.

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.

To ensure that you continue to receive your e-Mails from PhotoSource International, please add info@photosource.com to you Address Book or Safe List.

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This week's featured photographer on PhotoSourceFolio:
Richard Mamon (http://folio.photosource.com/2528)
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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.
For information about PhotoSource International:
http://search.photosource.com

To make a photo listing:
(no charge)
1 800 223 3860 or 1 800 624 0266
ask for Lela LaBree
eds@photosource.com
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