KEY WORDS : Copyright | Regulations | Electronic Submissions | Preregistration | Trademark | Design | Changes | Travelers | Safe List | Work For Hire | Stock Photography | PhotoSourceBANK | Windows | Mac | The Library of Congress | Camera | Weapon | PBS |

NEWSWORDS: A Lawyer | Nightmare-Inspired Photographs | Sciatic Image | Love of Animals | Wildlife Enthusiasts | To Give Gifts | Nature Photographer | Media Creatives Optimistic | Making Someone Angry | Century Photography | Stealth Photography | Selling Her Own Prints |

	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.)

Before they were published . . .
Limited Preregistration of
Copyrights Now Permitted
by Joel Hecker

Pursuant to the Artists' Rights and Theft Prevention Act of 2005, the Copyright Office has issued new regulations effective November 15, 2005 which authorize preregistration of certain classes of works which the Registrar of Copyrights determined has had a history of infringement prior to the authorized commercial release of such classes of works.
The initial classes of work covered by the regulations are motion pictures, sound recordings, musical compositions, literary works being prepared for publication in book form, computer programming (including video games), and advertising or marketing photographs.
To be eligible for preregistration, a work falling into one of these classes must also be unpublished and certified to be in the process of being prepared for commercial distribution. This is defined in the regulations as actual preparation having been commenced and at least some portion of it being fixed in a tangible medium of expression. In the classification of advertising or marketing photographs, the photographs (or where a group of photographs are intended for simultaneous publication, at least one of the photographs), must have been taken.
The stated purpose of the statutory scheme and regulations is to fill the existing gap afforded to copyrighted works when infringement occurs prior to authorized commercial distribution, or pre-release infringement. This usually occurs prior to the registration of the final products, thereby denying the copyright owner eligibility for statutory damages and attorneys’ fees in copyright infringement litigation. In particular, it is aimed at bootleg or pirated copies of music, videos, DVDs, and the like, which are routinely copied and distributed prior to their actual authorized release date.

Want to read more of this article? Go to: http://www.photosource.com/researcher/legal129.html






Establishing a Trademark (Part 1)

A trademark can identify you and your business, once you get established. But even before you become established, a 'trademark' may very well be an important element to your success. A distinctive logo or design to your letterhead can help you start looking familiar to your prospective clients -- and help your name to be remembered. As your enterprise progresses, you will build equity in your trademark.
When you design your symbol, or logo (as a trademark is often called), be aware of a common error: the temptation to use obvious cliches. Try for a combination or a particular adaptation that's all your own. Make it simple, and easy to remember. Recruit friends who are good at designing, drawing, and critiquing your work. Let them help in the decisions, based on the pointers mentioned above. Flip through the yellow pages to see how others have tackled the question of a logo. Don't be 'cute' in your design, it will soon wear off, and could even be offensive to clients. Don't be obscure, either.
Choose a design that reflects your specialty. A simplified sketch or drawing can be appropriate. But be careful not to "date" the hairstyle or clothing.
One caution: Unless you are decidedly a specialist, don't be too specific with your trademark design. You might change your emphasis in your field in the future, and you will have lost the previous exposure you worked hard to build up for your original logo (trademark).
A trademark can also consist of the particular name that you give to your enterprise or service, e.g. Johnson & Johnson.
Can another person copy (steal!) your trademark? Yes, a person can, but you have the advantage of common-law right to your name or design (or a combination of them), providing you were the first to use it. This, of course, would have to be proved by you, or by the other person who claims that she/he was there first to use the name or design (trademark). There have been some cases where it was impossible to prove who actually was the first to use a trademark, and the courts have ruled that the warring persons must 'share' the trademark. [By the way, trademark rights can be acquired only by actually using the mark: displaying it on your letterhead, rubber stamp, etc.]
Next month: Part 2- Trademarks.

CHANGES

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

NATIONAL GEOGRAPHIC TRAVELER MAGAZINE (1145 17th St NW, Washington, DC 20007) Contact person, Jenna Kieley, Illustrations Assistant. Jenna Kieley’s name changed to Jenna Teeson.
WHERE CHICAGO MAGAZINE (1165 N Clark St Ste 302, Chicago, IL 60610) former contact and e-mail: JP Anderson, Editor, JP.anderson@where-magazine.com ; current contact and e-mail: Dan Duffy, Art Director, dan.duffy@where-magazine.com .
AMERICAN FITNESS MAGAZINE (15250 S Ventura Blvd Ste 200, Sherman Oaks, CA 91403) former contact: Angela Pok, Co-Managing Editor; current contact: Jaime Spangerude, Co-Managing Editor.
PRENTICE HALL (160 Gould St, Needham Heights, MA 02494) former contact, phone and e-mail: Kerri Hoar, Visuals Researcher, 1 781 455-1348, kerri.hoar@phschool.com ; current contact, phone and e-mail: Siri Schwartzman, Visuals Researcher, 1 617 671-2000, siri.schwartzman@phschool.com .
PRENTICE HALL PUBLISHERS (8 Elm St, Walton, NY 13856) contact person, Teri Stratford, Photo Researcher. Former e-mail: tstrat@citlink.net ; current e-mail: tstrat@sixcats.net .
THE CHESAPEAKE BAY MAGAZINE (1819 Bay Ridge Ave, Annapolis, MD 21403) contact person, Karen Ashley, Art Director. Former e-mail: kashley@toad.net ; current e-mail: kashley@tcbmmag.net .
AIR LINE PILOT MAGAZINE (535 Herndon Ave, Herndon, VA 20170) contact person, Gavin Francis, Editor-in-Chief. Former e-mail: magazine@alpa.org ; current e-mail: gavin.francis@alpha.org .
MARKETSHARE PUBLICATIONS (7171 W 95th St, Ste 600, Overland Park, KS 66212) former contact and e-mail: Kim Sevedge, Graphic Artist, kim@marketshrepubs.com ; current contact and e-mail: Karen Tapp, Graphic Artist, ktapp@marketsharepubs.com .
FRONTIER AIRLINES (7001 Tower Rd, Denver, CO 80249) former contact and e-mail: Diane Baker, Image Submission, dbaker@flyfrontier.com ; current contact and e-mail: Sarah Hazard, Image Submission, shazard@flyfrontier.com .
ANIMAL RESCUE LEAGUE OF BOSTON (PO Box 265, Boston, MA 02117) Contact person, Tom Adams, Editor. Former e-mail: tclark@arlboston.org ; current e-mail: tadams@arlboston.org .
NEWSWEEK BUDGET TRAVEL INC. Contact person, Ilene Bellovin, Photo Editor. Former address and e-mail: 530 Seventh Ave 2nd Fl, New York, NY 10018, Ilene_bellovin@newsweekbt.com ; current address and e-mail: 40 Maplewood St, Larchmont, NY 10538, icbellovin@optonline.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.

Steve Robertson
November 7 – December 29, 2005
Vietnam, Cambodia, Laos
December 19 – January 13, 2006
Bangkok, Pattaya, Thailand

Donald Keith
November 9 – November 14, 2005
London, Tel Aviv

Sayyeda Garcia
October 30 – April 10, 2006
Italy, La Maddlena, Palau, Olbia

Lee Snider
December 7 - December 20, 2005
Hong Kong

Diana Sabreen
January 9 – April 18, 2006
Thailand

###############################
To ensure that you conuinue to receive
your e-Mails from PhotoSource International,
please add info@photoasource.com to you
Adress Book or Safe List.
###############################

Which Photographer
Do You Deal With?

Know thyself was the advice Plato gave his students. Good advice for the stock photographer, too, who wishes to market his/her stock photography. And a good watchword for photobuyers and researchers, to anticipate what to expect from the photographers they seek out.
To apply Plato's suggestion: If you know a photographer's emphasis, in the vast spectrum of the world of photography, you'll have easy sledding when it comes to efficiently honing in on the pictures you need and smoothing your transactions.
You can find photographers who can be consistent resources for you, whether you need assignment (service) photography or stock.
'SERVICE' PHOTOGRAPHY:
Many newcomers to the field of stock photography initially set their goals toward advertising, PR, industrial, fashion, and assignment photography. These and similar "work for hire" areas ("service" photography) are paid for on the photographer's day rate basis.
Service photography is a fast-paced existence. ("We need the picture yesterday.") Work-for-hire means in most cases that the client owns the copyright. The photos are often "art-directed." ("We want a girl with blonde hair and a 1960’s red dress.") While the resulting photographs have limited "lasting value" (have you ever looked at a graphic-design annual of the year's best photographs? --from 1995?), the large fees in service photography are attractive to photographers.
STOCK PHOTOGRAPHY:
Stock photography, on the other hand, is at the other end of the spectrum. Photobuyers and researchers and stock photographers deal via the Internet, FedEx, and the postal service. Photobuyers can find fresh new talent to add to their select list of photo suppliers.
Increasing members of photographers are establishing websites to be able to deal with buyers electronically, or joining a website specifically geared for photobuyers to have access to scores of photographers with coverage in targeted areas of interest. One such site is PhotoSource International's own PhotoSourceGROUP, partnered with the electronic PhotoSourceBANK, which enable photobuyers to locate needed specific-content photos in seconds.

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

ON-LINE
by Bill Hopkins

Reading Windows e-mails on Macintosh
Normally, there is no problem when Windows users send e-mails with attachments to Mac users. But sometimes the Mac user gets the attachment as a "winmail.dat" file and can't open it, or it looks like gibberish. This can happen when the Windows sender uses Microsoft Outlook and sends the attachment as a rich text file.This is often the result when Microsoft Office gets installed, as Outlook is part of the Office suite (not to be confused with Outlook Express, which is part of Internet Explorer). One solution is to have the Windows sender change the settings. Another approach is to download a free Mac program called TNEF's Enough (TNEF: Transport Neutral Encapsulation Format, a proprietary format used by Microsoft Exchange and Outlook e-mail clients). It will allow Mac users to decode the winmail.dat file. You can download it from various places by searching the Internet for "tnef enough." Here is one source: http://www.macupdate.com/info.php/id/12705.

Library of Congress's Digital Library
Building on existing digital documentary projects, the Library of Congress is working with other nations' libraries to build a World Digital Library. It will focus on creating digital records of global cultures. Naturally, the project is seeking global sponsors, and Google has jumped in with a $3 million donation. Yes, the same Google that is in a copyright battle with the Authors Guild and other publishers seeking to block Google's plan to create an online catalog of copyrighted works. Google has agreed to work with the Library on developing standards for indexing digital collections. Take a look at some of the Library's projects, such as the American Memory Project (http://www.loc.gov/memory) and the Global Gateway, a collaboration with five national libraries in Europe and Brazil, focusing on ties between those cultures and the U.S. (http://international.loc.gov/intldl/find/digital_collaborations.html).

Want to read more of this article? Go to: http://www.photosource.com/researcher/online164.html

An instrument for truth. . .
Camera As Weapon

We don't often think of a camera as a weapon. However, as society moves forward, it's becoming more apparent that the camera, indeed, is becoming at least a protection device. Photographs and videos, used positively, have brought attention to ills of society, ranging from environmental destruction to political chicanery. The strong reality of still photos and video has served as evidence in court cases ranging from the Los Angeles police beating of Rodney King, to the more recent Madelyne Gorman Toogood beating of her 4-year old daughter in the parking lot of a northern Indiana department store.*
It may be that the still photos and film footage the general public was exposed to during the Vietnam War contributed to the halting of that war.
The PBS re-run of Ken Burn's Civil War series has honed our awareness of what happened on our own soil to boys that went off to war and never came back. Mathew Brady's records of tragically strewn bodies did not have television to increase their exposure. But the exposure they did get, served as a powerful reminder to both sides that war wasn't the answer to the era’s burning issues.
In modern times we have seen reality images not only inform but entertain us. The success of The Blair Witch Project, the Survival series, COPS, etc., remind us that as we become more aware of our environment, both urban and natural, we are in a better position to understand where we are and where we are going.
We live in a society that is hungry for information. Some of it is uplifting - some of it is not always good. All of it is important in engineering action that can benefit mankind in countless ways, and it frequently starts with a camera. - RE
*Note: According to the Electronic Privacy Information Center in Washington DC < epic.org >, the courts have generally ruled that someone in a public place doesn't have the expectation of privacy.

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

Printing Forecast 2006 - The biggest challenge facing the printing industry
has become what almost seems like a "war on print" by those who produce and disseminate content. http://www.creativepro.com/story/news/23760.html

The Art of Business: Finally, a Design Contract for the Little Guy -
Client contracts are essential, but if you're a small to mid-sized business,
HIRING A LAWYER to create them may be beyond your means. The new "Standard Form of Agreement for Graphic Design Services" published by the American Institute of Graphic Arts can help.
http://www.creativepro.com/story/feature/23738.html

Scary monsters lurk in these NIGHTMARE-INSPIRED PHOTOGRAPHS - but not the ones you'd expect. http://www.smh.com.au/news/arts-reviews/new-photography/2005/12/19/1134840782848.html

A Rat's Eye is a Vision of Beauty - SCIENTIFIC IMAGE Takes First Place in
Olympus BioScapes Photo Competition
http://www.creativepro.com/story/news/23761.html

Photographer To The Stars' - Pets - Celebrities such as Jennifer Aniston,
Laura Dern and Billy Joel have all had their pets sit for Jim Dratfield, but
he insists he's really in it for the LOVE OF ANIMALS not the money.
http://www.cbsnews.com/stories/2005/12/19/earlyshow/contributors/
debbyeturner/main1134950.shtml

Wild things - With the help of Greenville photographer Michael Kelly,
WILDLIFE ENTHUSIASTS from across the Delta have put together a series of postcards to raise funds. The money raised will be put toward projects to benefit the public and educate people on the need for volunteers to enhance the refuges in the Mississippi Delta.
http://www.ddtonline.com/articles/2005/12/19/news/accent/accent1.txt

Reporters on the Job - Staff writer Scott Baldauf and photographer Andy
Nelson are not usually allowed TO GIVE GIFTS. But after spending a year
reporting on the progress of two Indonesian families rebuilding after the
tsunami, as a thank you gave the children small gifts.
http://www.csmonitor.com/2005/1219/p06s01-wogn.html

Stock Photography Website Offers High Quality Images at an Affordable
Price - Lowell Gordon, NATURE PHOTOGRAPHER is offering an online stock photography service of one-stop shopping for high-quality, royalty-free images focusing primarily on nature photography.
http://news.yahoo.com/s/prweb/20051218/bs_prweb/prweb323523_1

New MEDIA CREATIVES OPTIMISTIC About 2006 Business Conditions - In Summer 2005, 41% of ad, PR, and interactive agencies expected business conditions in the next 12 months to be excellent. http://www.trendwatchgraphicarts.com/fastfacts/fast311.html

Taking a photo-sensitive approach - Steve Manley admits that, occasionally, he acted like "a dope" in his "zeal to get a shot" and ended up embarrassing someone or MAKING SOMEONE ANGRY. "Even though I got a good shot," he says, "every time I look at it, I twinge. Therein lies the challenge of taking good travel photos. http://www.theglobeandmail.com/servlet/story/RTGAM.20051216.wvirtuous
1217/BNStory/specialTravel/?query=photography

Blossfeldt and Bristol - Masters of 20TH CENTURY PHOTOGRAPHY
http://www.santapaulatimes.com/news/fullstory.php/aid/10151/Blossfeldt_
and_Bristol_-_Masters_of_20th_Century_Photography_.html

STEALTH PHOTOGRAPHY- collective of documentary photographers
whose work is featured in a triennial publication called Hamburger Eyes.
http://starbulletin.com/2005/12/19/features/story04.html

For 12-year-old girl, photography's a snap- she's a photo prodigy, winning county fair ribbons and SELLING HER OWN PRINTS, notecards and calendars.
http://www.santacruzsentinel.com/archive/2005/
December/18/local/stories/03local.htm

Next Month: Trademark Part 2