## PhotoRESEARCHER Newsletter for January ## 412

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Key Words: Copyright Infringement | Statutory Damages | Changes | Travelers | Photo Need

High-Security Buildings | Public Land | Hypersensitive Security | Guards | Photojournalist

World Trade Center | Law Enforcement | Tax | Meetings | Internal Revenue Service

Digital Photography | 1990 | Photokina | Computers | Mavica | Credit Report | AOL

Easily Hijacked | Passwords | Disk Drive | Mac | Mailers | Kill Free

NEWSWORDS: Domestic Airports | Printing of Digital Pictures | Ancient

Trees | Travel | Kids | Lighting | People | Tax Liability | Violent Hawaii

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

(If you do not wish to receive the PhotoRESEARCHER Newsletter, please see the instructions at the end of this newsletter.)

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As you are probably aware, the 1976 Copyright Act authorizes the Court, in its discretion, to award statutory damages of up to $30,000, which may be increased up to $150,000 per infringement, if the infringement is willful. To be eligible for statutory damages, a plaintiff must, of course, have registered the underlying image prior to the infringement or within three months of first publication.

  The U.S. Court of Appeals for the First Circuit (comprising Maine, Massachusetts, Rhode Island and New Hampshire), in reversing the District Court, has changed the prevailing interpretation of measuring statutory damages under the Copyright Act for at least those states comprising the First Circuit.

  The case, Hernandez, et al v. Sonolux Records, involved the production of 186 recordings of two copyrighted songs by Guillermo Venegas-Lloveras, a noted composer, on sixteen different albums. After the defendant defaulted, a judgment was entered for statutory damages of $1.6 million.  This was calculated at $100,000 for each of the sixteen albums.
  The defendant moved to set aside the default and the damage award on the grounds that the Court erred in its calculation. A second judge denied the motion to set aside the default, but reduced the award to $200,000, using the defendant's theory of calculation. Both sides appealed.

  The issue on appeal involved the Copyright Act provision for recovery of statutory damages, when the party is eligible, which states that a plaintiff may recover such damages "for all infringements involved in the action with respect to any one work, for which any one infringer is liable personally."

  The second District Court Judge, and the Circuit panel, interpreted this statutory language as basing damages upon the number of works that are infringed (in this case the two songs), and not on the number of infringing works (the sixteen albums).

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

SPORTSLIGHT (6 Berkshire Circle, Great Barrington, MA 01230) former phone: 1 413 528-6524; current phone: 1 413 528-8457.

ECOS COMMUNICATIONS (2028 17^th St, Boulder, CO 80027) former contact and e-mail: Jenn Brown, Researcher, jen@Ecos.US ; current contact and e-mail: Dulcie Wilcox, Researcher, dulcie@Ecos.US .

THE CHESAPEAKE BAY MAGAZINE (1819 Bay Ridge Ave, Annapolis, MD 21403) contact person, Karen Ashley, Art Director. Former e-mail: kashley@friend.ly.net ; current e-mail: kashley@toad.net .

LERNER PUBLICATIONS (241 1^st Ave N, Minneapolis, MN 55401) former contact and e-mail: Trinity Muller, Advanced Photo Researcher, tmuller@lernerbooks.com ; current contact and e-mail: Val Huselid, Photo Researcher Assistant, vhuselid@igigraphics.com . Former contact and e-mail: Ann Waldusky, Photo Researcher, awaldusky@lernerbooks.com ; current contact and e-mail: Nana Twumasi, Photo Researcher, ntwumasi@lernerbooks.com .

OVOWORKS INC, former address, phone and fax: 1650 Broadway Ste 507, New York, NY 10019, 1 212 245-9838, 1 212 541-5463; current address, phone and fax: 490 Second Ave LB78, New York, NY 10016, 1 917 375-8355, 1 360 933-7954.

MCDOUGAL LITTELL (222 Berkeley St, Boston, MA 02116) former contact, phone and e-mail: Carmen Johnson, Art Resources Manager, 1 617 351-3234, Carmen_johnson@hmco.com ; current contact, phone, fax and e-mail: Catherine Schnurr, Senior Photo Researcher, 1 617 351-3711, 1 617 351-1203, Catherine_Schnurr@hmco.com .

PRENTICE HALL (12725 Thomas Creek Rd, Reno, NV 89511) contact person, Melinda Alexander, Photo Researcher. Former e-mail: den49ers@aies.net ; current e-mail: Melinda@pyramid.net .

CANYON MEDIA, former address: 510 E 17^th St #323, Idaho Falls, ID 83404; current address: PO Box 142, Driggs, ID 83422.

NATURAL HISTORY MAGAZINE, former address, phone and fax: 79^th St and Central Park W 6^th Fl, New York, NY 10024, 1 646 356-6500, 1 212 769-5511; current address, phone and fax: 36 W 25^th St, Fifth Fl, New York, NY 10010, 1 646 356-6520, 1 646 356-6511. Contact person, Tom Rosinski, Associate Art Director. Former e-mail: rosinski@amnh.org ; current e-mail: trosinski@anhmag.com .

THE CREATIVE COMPANY (123 S Broad St, Mankato, MN 56002) former phone: 1 507 388-6273; current phone: 1 507 388-2117.

If you have a car that can be unlocked by that remote button on your key ring: If you lock your keys in the car and the spare keys are home, and you don't have "OnStar," here's your answer to the problem!

If someone has access to the spare remote at your home, call them on your cell phone (or borrow one from someone if the cell phone is locked in the car too)! Hold your (or anyone's) cell phone about a foot from your car door and have the other person at your home press the unlock button, holding it near the phone on their end.

Your car will unlock. Saves someone from having to drive your keys to you; or using the ol’ coat hanger routine. Distance is no object. You could be hundreds of miles away, and if you can reach someone who has the other "remote" for your car, you can unlock the doors (or the trunk, or have the "horn" signal go off, or whatever)!

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.

Huntly Hersch

October 20 – November 9, 2004

Beijing & Sichuan (China)

November 9 – December 8, 2004

Vietnam

December 9 – December 15, 2004

Cambodia

Shelly White

November 20 – May 17, 2005

Buenos Aires, Argentina, Brazil, Uruguay, Bolivia, Peru, Colombia & Venezuela

Barbara Youngleson

December 7 – January 27, 2005

South Africa, South Atlantic, South America, & Peru

Robin Pendergrast

December 30 – January 14, 2005

New Zealand, South Island

January 14 – April 12, 2005

Australia

Shan Fika

February 2 – March 15, 2005

Guatemala

March 16 – April 29, 2005

Panama, Costa Rica, Nica., Honduras

May 18 – July 22, 2005

Belize, Guatemala, El Salvedor, Mexico

Susan Brannon

March 2 – April 14, 2005

Italy

May 3 – May 26, 2005

Kosovo, Balkins

July 17 – September 8, 2005

West Bank, Gaza, Israel

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. You may choose to attach a word doc or PDF file to your e-mail. (Be sure to include your deadline and price range.)

Or use our standard form at < http://www.photosource.com/phtobuyer/request.php >. It’s free. No charge). Once you use our photo listing service, details of your contact info, budget range, b&w/color, any specifics like "requests no phone calls," etc., will be saved on your personal computer so you don’t have to retype them when you make a photo need listing the next time.

By Will Funk

Editorial photography in the post 9/11 United States has definitely changed, especially when photographing structures that may be considered potential terrorist targets. Having read reports over the last three years of photographers (ranging from photojournalists to students) being questioned and even prohibited from photographing government structures from public land, I knew my own project of photographing the Ronald Reagan Federal Courthouse in Santa Ana, California, was going to require special care.

I received a photo request from a textbook publisher for a picture of the towering face of the white stone and glass courthouse, located in the busy downtown area of Santa Ana, a large city in Orange County, CA. Since I was going to be in the area the next day, and the publisher’s deadline allowed, I planned to shoot the project on speculation and add it to our stock files if it wasn’t used in the textbook project.

When I arrived at the courthouse I was aware of two things. First, photographing this building is a sensitive issue, and second, I could legally photograph the exterior from the public right-of-way. With the hypersensitive security in mind I went into the building to contact officials before photographing.

I spoke with two officers on duty at the security checkpoint inside the courthouse and politely explained what I needed to photograph and why. I offered to provide all of my personal information.

Their response was stern. If I attempted to photograph the building, even from the public right-of-way, all of my camera equipment would be seized and I would be detained. After spending a short time with the guards it was clear I wouldn’t be able to sway their position.

When I asked the guards what law prohibited photographing a government building they were silent. I left the building, without my photos, wondering the whole time if I was being followed back to my car, labeled as a subversive enemy of the state.

Are you reading the viewpoint of a longhaired, left wing, anti-establishment troublemaking photojournalist? Hardly. This is the experience of an honorably retired law enforcement officer of 18 years who is now a full-time photographer. A person who was walking into the briefing room to start his shift just as the second plane hit the World Trade Center three years ago.

Should we as photographers expect to be questioned if we show up on the street next to a nuclear power plant, pull out a big lens and start shooting? Absolutely. We should, however, be able to avoid a confrontation with law enforcement if we contact the agency ahead of time, identify ourselves and explain our intent.

After this episode I called the local office of my congressman, David Dreier. I related my story to a staff member who told me they would research the (non-existent) law and get back to me. A few days later I received a phone call from Ryan Rogers from Congressman Dreier’s Washington D.C. office.

Mr. Rogers told me they were unable to find any law that prohibits photographing a government building from a public place. Further, Rogers said the way I was treated was "disturbing."

In these increasingly tough times, it is more important than ever for independent businesspersons to familiarize themselves with the steps they can take to keep their taxes to the legal minimum -- and, of course, keep themselves out of trouble. To help you take year-round advantage of legitimate breaks while not running afoul of the rules, here is some expert advice on common tax problems. If you need additional information or guidance in specific areas, contact the Internal Revenue Service, or consult your personal tax advisor.

Question: I went to a get-together with some of my fellow picture professionals. There wasn't a speaker; it was more of a social event. But I see it as networking with my professional colleagues, and most of the talk was about work-related issues. Can I take a business-expense deduction for the cost of getting there? How about my cash contribution to the refreshments for the group?

Answer: The event qualifies for a deduction. You are entitled to claim the entire cost of round-trip travel between your home and the party's site. For travel by bus, train, or taxi, just keep track of your fares and claim them as business expenses; for auto travel, you can claim actual expenses or the standard mileage allowance. Whether you claim actual expenses or use the mileage allowance, remember to deduct parking fees and bridge, tunnel and turnpike tolls that you pay while you are on business, too.

As for refreshment outlays, they fall into the category of meals and entertainment, are subject to a cap, and are only 50% deductible.

Julian Block, a former IRS agent and a tax attorney, is the author of "The Stock Photographer's Tax Guide," helpful to all freelancers. For details on how to purchase this important 32-page publication: http://www.photosource.com/taxtips.php. For Julian’s tax saving and tax planning reports, go to http://www.photosource.com/products and click on "2004 Tax Tip Guides." Julian can be reached at julianblock@yahoo.com

By David Arnold and Gail Rutman

Digital photography in 1990? Absolutely. In October 1990, at the Photokina trade show, Kodak showed the world’s first professional digital camera, the $30,000, 1.3 megapixel Kodak DCS (for "Digital Camera System") 100. The 55-pound system consisted of a Nikon F3 with a digital back, tethered to a large external pack containing the electronics, batteries, and external hard drive. And a few weeks earlier, just in time for fall classes, McGraw-Hill published our college textbook Computers & Society Impact!. Naturally our coverage included the impact of computers on photography. Here are some excerpts:

"Computers are electronic levers: they increase our power while decreasing our effort. Computerized cameras are a good example. Determining the optimum shutter speed and lens opening are complex operations, but today’s cameras can do these tasks for us. One 35 mm camera, the Nikon FA, even analyzes different parts of the scene, compares the pattern with 10,000 picture-taking situations stored in its memory, and bases its exposure decision on that. A number of cameras also provide microprocessor-controlled focusing to ensure a sharp image.

"With embedded computers handling exposure and focus, it might seem that there is no longer any role for the photographer. If that were true, we would no longer have to take vacations: just send the camera, and let it bring back the pictures. A photograph, however, is a selection of time and space, and the photographer still exercises full control over these; exposure and focus are just technical details.

"In time, electronics may change not only the nature of picture-taking, but the nature of pictures themselves. Several manufacturers are experimenting with cameras that do away with film. Cameras such as the Sony Mavica digitize the image and store it on tape or in a chip. Such an image can then be manipulated, pixel by pixel ("I’d like those gray hairs removed, please"); it can be combined with other images or transmitted electronically. But don't expect such cameras to put Kodak and Fuji out of business right away. Present models produce pictures that are too low in quality and too high in cost to tempt large numbers of buyers.

by Bill Hopkins

While perhaps not precisely on target for this column, I do want to make you aware of an opportunity that opened up this month. Starting 12/1 (and if you live in the Western states), you can get your credit report for free under a Federal Trade Commission (FTC) program. Previously, the only way to get a free report was if you were denied credit, unemployed, on welfare, or believed you were a victim of identity theft (there were a few states that allowed free access). The program is being rolled out in phases, starting with 13 Western states. Residents will be able to request one free credit report every 12 months from each of the 3 major credit bureaus. You could order up all three at once, and have to wait another year before you could make another request, or spread it out so you'd get one from each every four months or so. Midwesterners gain access on March 1, 2005 the South on June 1, and the East and US Territories on September 1. Log onto www.AnnualCreditReport.com. You will need to provide certain personally identifiable data to confirm your identity.

America Online recently told existing broadband customers in 9 southern states to find another broadband carrier by January 17, 2005. They have set up a deal with BellSouth broadband to get subscribers a special promotional rate. If you're among those targeted and don't switch on your own, AOL will automatically convert your account to their traditional dialup service. Of course when that happens, your broadband connection will cease to function. As you recall, AOL earlier in the year stopped signing up new broadband customers. AOL spokeswoman Anne Bentley says she expects AOL to phase out existing broadband customers over the next year. The affected Southern states are Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North and South Carolina, and Tennessee.

With more than 2 out of 5 computers connected via broadband (high speed) to the Internet, that represents a target-rich environment, as the bad guys might say. Computers connecting via slower dialup are not immune, but they are less desirable targets. Targets for whom? Hackers! Hijacked computers are often used to send spam, perform denial-of-service (DOS) attacks, and conduct other nefarious activities. Recently, USA Today and Avantgarde ran an experiment. They set up and monitored 6 computers for two weeks. Four were running different configurations of Windows XP (including one with Windows Small Business Server software), a Macintosh, and a Microtel Linspire running Linux. As soon as the computers were connected to the Internet via DSL, break-in attempts began immediately! The test did not count Web attacks that require user intervention, such as spyware, or the visiting of malicious web sites. If an attacker was successful in gaining access to the computer, it was immediately shut down to prevent spreading the infection. Here are the results: There was an average of 341 attacks per hour against the Windows computer with no firewall or recent security upgrades, 339/hr on the Macintosh, and 61/hr against the Windows Small Business Server. On the Windows computer with recent security patches installed (such as Service Pack 2) and the built-in firewall activated, the attack rate was a low 4/hr (yep, only four per hour). Same for the Linux machine, and the Windows computer with ZoneAlarm firewall installed. The attempts never ceased (until the experiment was shut down). However, successful breaches were limited to 9 times for the minimally protected Windows computer and only one for the Windows Small Business Server. No successful attempts occurred on the Windows computers protected by firewalls, nor the Linux and Macintosh. Since most automated attacks are targeted at the Windows operating system, it's not surprising that the Mac and Linux faired well. The one successful attack on the Windows Small Business Server even uploaded software to prevent other hackers from gaining access! That's how sophisticated the bad guys (and gals) are getting these days. So you can see the tremendous impact you can have on preventing successful cyber attacks by such relatively simple procedures as using firewalls (whether built-in, add-on software, or hardware devices) and keeping your operating system updated with the latest security patches.

Online passwords are intended to restrict access to sensitive data, such as your banking account, brokerage account, online shopping, and even your Internet access. Not many people practice good password use, such as having different passwords for each account, changing them frequently, not posting them on your monitor, and using hard-to-guess passwords of at least 8 characters and consisting of numbers and mixed-case letters. One way to help with this problem is to use two passwords, where the second one is an ever-changing password. Some banks are already using such a scheme. Recently, America Online (AOL) launched an optional log-on service for their subscribers which makes use of a two-factor authentication scheme. If you sign up for the service, which costs an initial $9.95 and $1.95 each month thereafter (in addition to your AOL subscriber fee), you'll get a small electronic device from RSA Security. The device displays a 6-digit code that changes every minute. To log on, you'll need to enter the code displayed, and anyone stealing your password won't be able to log on without the RSA device. This service is initially aimed at small businesses, identity-theft victims, and those who conduct a lot of financial transactions using their AOL accounts. And, of course, the paranoid among us. If you've signed up for the service, we'd like to hear how you like it.

What do TiVo, iPod, Xbox, and the computer on your desk have in common? The disk drive. Relegated several years ago to commodity status by the major computer makers, the disk drive has been around for 50 years or more. The technical innovations are making things smaller, denser, faster, and cheaper, and are a driving force behind computer design by allowing non-volatile storage of larger and larger amounts of data and programs. When you realize that the hard disk (generally, a set of disks) spins at 4,500 to over 10,000 rpm, depending on the type of drive, and that the "heads" (very tiny electromagnets) come within a millionth of an inch (about 35 atoms) of the disk's polished aluminum surface, you gain a new appreciation for the innards of your computer. To look at it in perspective, the cost to store one billion bytes of data on a 1976-era disk cost about $560,000! Today, that same amount of data storage costs less than one dollar.

There has been at least one program designed to let you run Windows applications on a Macintosh computer. It's called Virtual PC. And guess what? Microsoft bought it, enhanced it, and is now selling Virtual PC Version 7.0 as a Microsoft product. Virtual PC works by allocating a portion of the Mac's hard disk (and memory) to a virtual partition and installs Windows XP. It basically fools the Mac into thinking it's a Windows computer. You can run Windows XP, and install and run regular Windows programs. You can even run Mac and Windows programs simultaneously in different windows. Granted, the Windows programs will run more slowly than on a regular PC, and you'll want to have a pretty powerful Mac to start with, but for those of you who use a Mac and also have a need to occasionally run a Windows program, this may be the solution for you.

Bill Hopkins is the Webmaster of PhotoSourceFolio* (www.photosourcefolio.com) and a regular contributor to PhotoStockNotes. Send comments via e-mail to wh@photosourcefolio.com. Fax: 1 818 831-0916. For on-line questions, contact Bill on the Kracker Barrel at www.photosource.com/board.

v TO v

v CHERISHED v

vOLD FRIENDS AND v

v VALUED NEW FRIENDS. v

v WE WISH YOU A WARM AND v

v WONDERFUL HOLIDAY AND A BRIGHT v

v NEW YEAR!! WISHES FOR HAPPINESS TO OUR v

v PHOTOGRAPHER AND PHOTOBUYER FRIENDS WORLDWIDE v

v PHOTOBUYERS ARE PREPARING FOR THE NEW YEAR. PHOTODAILY v

v 2005 ISSUES WILL BE PACKED AS USUAL!!! v

v HAVE A HAPPY HOLIDAY!!! v

vROHN & JERIv

vBRUCE/JEFFv

vJOE/BONNIEv

vANGIE/ BILLv

vSANDY/CLAYv

vJONNA/ALEC v

vMIKAEL/LELA/KATHYv

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.

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. You may choose to attach a word doc or PDF file to your e-mail. (Be sure to include your deadline and price range.)

Or use our standard form at < http://www.photosource.com/phtobuyer/request.php >. It’s free. No charge). Once you use our photo listing service, details of your contact info, budget range, b&w/color, any specifics like "requests no phone calls," etc., will be saved on your personal computer so you don’t have to retype them when you make a photo need listing the next time.

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.

You can click away at DOMESTIC AIRPORTS now - In India, the director general

of civil aviation (DGCA) has, in a recent order, relaxed the rules and

permitted photography at airports and inside the aircraft while on a flight,

landing or taking off.

http://economictimes.indiatimes.com/articleshow/964366.cms

Microsoft and FujiFilm Team to Lower Barriers to Retail Digital

Photofinishing - Microsoft Corp. today announced that it has teamed with

Fuji Photo Film U.S.A. Inc. to connect millions of digital photographers

with retailers for easy and convenient PRINTING OF DIGITAL PICTURES.

http://www.creativepro.com/story/news/22305.html

Photography books explore places and faces - The grandeur of ANCIENT TREES

and the mystery of the human visage are but two of the subjects of this

year's outstanding photo books.

http://www.philly.com/mld/inquirer/entertainment/10439977.htm?1c

The Spontaneous Eye An Interview With Miami-Based Robin Hill - When the

people at Miami Modern saw my TRAVEL work and loved the funky, whimsical

style in that work and wanted that applied to their buildings. That's how it

all started. . http://www.shutterbug.com/columns/1004sb_business/

KIDS take a shot at photography - The 10-year-old twins smiled from ear to

ear as they explained how shots of classmates, the playground and the

sidewalk captured mood, motion, texture and color.

http://www.marinij.com/Stories/0,1413,234~24407~2606091,00.html

Nevada man's love of photography takes him through history - There is so

much more to good photography than just pointing and shooting, more to it

than having the right camera, even. According to Greiner, good photography

is more about LIGHTING , set up, patience ... lots of patience.

http://www.zwire.com/site/news.cfm?newsid=13568623&BRD=2033&PAG=461&dept_id=238871&rfi=6

Jacksonville Photographer Travels The World; Loves PEOPLE - "The most

important part of my job is helping people to relax," he said. "You can

really tell the difference between a person who is posing for a picture, and

someone who is allowing you to see who they really are."

http://www.glendaleoregonnews.com/articles/index.cfm?artOID=259397&cp=10979

The Art of Business: Good News and Bad from the Tax Man - Several new

regulations can help you reduce your TAX LIABILITY. And a few will cost you

more. http://www.creativepro.com/story/feature/22272.html

Cinematographer Paul Atkin Uses Canon Lenses to Shoot "VIOLENT HAWAII"

Episode for PBS Nature Series -

http://www.creativepro.com/story/news/22286.html

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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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Hard to find qualified photographers? They're reading our weekly newsletter, PhotoStockNotes. Reach them cost effectively at. . . http://www.photosource.com/psb

Now you can search back issues of PhotoRESEARCHER Newsletter. On your Web browser go to: http://www.sellphotos.com/search/prsearch.html then type in your keyword.

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:

http://search.photosource.com

To make a photo listing:

(no charge)

1 800 223 3860

or 1 800 624 0266

ask for Kathy King or Jonna Zehm

eds@photosource.com

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Next Month: KILL FEE TO PHOTOGRAPHERS