## PhotoRESEARCHER Newsletter for July 2005##

## PhotoRESEARCHER Newsletter for July ## 418

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

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Statute of Limitations Bars Claim to Copyright Renewal Term

by Joel Hecker

As you undoubtedly know, the Statute of Limitations for civil actions under the Copyright Act of 1976 is three years, commencing when the plaintiff knows or has reason to know of the injury upon which the claim is premised. This has been interpreted as knowledge of a potential claim, and not knowledge of sufficient facts to prevail.

An interesting recent decision with an unusual set of circumstances has explored this legal principal. The case is Tomas v. Lorraine Gillespie et al, brought in the U.S. District Court for the Southern District of New York. It concerns claims of the plaintiff, the illegitimate daughter of the late and great jazz musician Dizzy Gillespie. She sought a judgment declaring that she was the natural daughter of Gillespie, and as a result owns a 50% beneficial interest in all renewal copyrights where Gillespie owned the original copyright, with the right to commercially exploit such works during the renewal copyright terms. She also sought an accounting and payment of 50% of all proceeds received by both Gillespie’s widow and his music publisher from the renewal copyrights during the renewal terms, and other relief.

Renewal rights to copyrighted works only apply to pre-1978 works. Copyrights originally secured before 1978 were for an initial term of twenty-eight years, and a current renewal term of sixty-seven years. If the author dies before the renewal term commences, then the author’s statutory successors obtain the renewal term and the right to control these potentially valuable rights.

The Court found from the evidence that the plaintiff had known Gillespie was her father since her childhood, that he had been ordered by the New York Family Court to pay child support to her beginning in 1964, and that from at least 1986 she had claimed him as her father in connection with her own singing career.

Gillespie died in 1993, leaving all of his property to his widow, Lorraine Gillespie. He made no financial provision for plaintiff.

In addition, Gillespie’s representatives did not allow her to attend Gillespie’s private funeral and were quoted in a newspaper saying that Gillespie had no children and that the estate had no reason to believe her claim of paternity.

The Court found that, at the very latest, if not before, the 1993 rejections put plaintiff on notice that her claim of paternity had been repudiated. Hence the Statute of Limitations began at that time, or no later than 1993, seven years before she commenced suit.

To counter these obvious facts, the plaintiff argued that her copyright claims do not "accrue at a single moment in time" because her legal rights to renewal copyrights only accrue as and when each copyright reached the renewal term. The Court refused to accept that argument.

The action was therefore time barred, and was dismissed by the Court.

For those photographers whose work predate 1978, perhaps the lesson to be learned is a paraphrase of that old standard, "do you know where your children are!"

Attorney Joel L. Hecker lectures and writes extensively on issues of concern to the photography industry. His office is located at Russo & Burke, 600 Third Ave, New York NY 10016. Phone: 1 212 557-9600. E-mail: HeckerEsq@aol.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 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.

Aeon B Jones

May 9 – May 15, 2005

Bogota (Columbia)

May 16 – December 15, 2005

San Andres (Columbia)

Christina Capasso

May 19 – June 9, 2005

Romania, Moldova, Bulgaria

June 10 – July 12, 2005

Turkey

Matthew Noble

May 21 – May 24, 2005

London

July 20 – July 27, 2005

Cordes Sur Ciel (France)

June Morris

July 10 – August 5, 2005

Maadi, Giza, Sharm El Shank (Egypt)

Robert Scott

August 15, 2005 – August 15, 2006

Kuwait

CHANGES

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

HCP / ABOARD PUBLISHING (One Herald Plaza, Miami, FL 33132) former contact, phone and e-mail: Rosa Rojas, Photo Editor, 1 305 376-5263, rrojas@herald.com ; current contact, phone and e-mail: Kevin Foltz, Photo Editor, 1 305 376-5258, kfoltz@herald.com .

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

GULFSHORE PUBLISHING COMPANY (9051 Tamiami Trail N Ste 202, Naples, FL 34108) contact person, Tessa Tilden-Smith, Freelance Art Director. Former e-mail: ttilden-smith@gulfshorelifemag.com ; current e-mail: Tessal@gulfshorelifemag.com .

HORIZON AIR MAGAZINE (2701 First Ave Ste 250, Seattle, WA 98121-1123) Contact: Nancy Hall’s name changed to Nancy O’Connell.

EMPIRE STATE REPORT (23-35 Beechwood Ave., PO Box 9001, Mount Vernon, NY 10553-1314) former contact: Steven Acunto Jr, Editor; current contact: Gina Balog, Editor.

KEILER AND COMPANY (304 Main St., Farmingto, CT 06032) Contact person, Henrietta Sabel. Former e-mail: henris@keiler.com ; current e-mail: hdsabel@comcast.net .

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This week's featured photographer on PhotoSourceFolio:

Stewart West (http://www.photosourcefolio.com/2483)

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For Web Literates…

Think of It As Code

Designing a web page in HTML? Designing a database in PHP? To do this, do you pick up a pencil and start designing a layout, or draw pictures on your computer screen? No, you get on your keyboard and use text (plain ol’ every day words and numbers).

Your eventual goal is to produce a successful digital design. The tool you use is not a pencil or stylus, it is text. Text is the sweetheart of the Digital Era. Yes, it can produce beautiful layouts and illustrations. You start with text.

Photobuyers and photographers think text when cataloging images. Photobuyers now and in the future, forever, will use text to locate specific images.*

When you need to find a certain photo, enter descriptive keywords that specify the image you need, enter a space, and then the word 'photosource.' Presto. The photographers who have such photos and have entered them in the PhotoSourceBANK, the picture-find service you just accessed, will be listed for you to contact. And you found what you needed by text –RE

* To make a test: In the Google search bar, type in the name of an obscure location or subject, then a space, then the word ‘photosource’. Click. Presto!

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ENSURE PROTECTION AND PROFESSIONALISM

when mailing images, your next 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: http://www.envelopestiffener.com .

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ON-LINE

By Bill Hopkins

Just So You Know

Psst! Want to get some info on your neighbor? Or someone in your past (or present)? Check out zabasearch.com, one of many "investigative" sites on the Internet not requiring a password or fee for the initial probe. You may or may not find a listing, but if you do, you'll likely find an address, phone number, and date of birth. Gives you a nice warm feeling about privacy in America, doesn't it?

Satellite Images of Your Home

For quite some time, there have been places on the Internet where you could get detailed satellite (or similar high-altitude) images of terrestrial features. But there was a catch - they cost money. Now, major search engines are including such features for free. Google Maps (http://maps.google.com) is one instance. To see the PhotoSource farm, click here: http://maps.google.com/maps?q=1910+35th+ave+osceola+wi&spn=0.031929,0.056906&t=k&hl=en. Amazon.com has their Block View, which shows photos of store fronts with local search results. MSN will enter the fray shortly and offer 45-degree views. They've signed on with Pictometry International, which uses a fleet of small planes to take the aerial photos that will form the backbone of this service, set to premiere later this year. MapQuest offered the service before, but quit amid dwindling usage, and may start up again as interest grows once more. Is anyone thinking paranoia?

Having Trouble Resuming from Hibernation?

If your Windows XP computer is having problems, such as a messed-up screen or blank display, or simply stops responding when waking up after hibernation (or from a wake-on-LAN signal if you're connected to a local area network), this may help you. Check out Microsoft's Hotfix article: http://support.microsoft.com/default.aspx?scid=kb;en-us;815304. Of course, you can always use the Control Panel, Power Options icon and turn off hibernation.

New Domain Available Soon

A new top-level domain has been approved by ICANN and could be available for purchase as early as this fall. It is hoped that most sites befitting this new domain will begin to use it voluntarily, and thus make it easier for filtering software to block access when warranted. It will likely cost about 10 times the current price of a regular domain name, such as .com, according to ICM Registry, which will be the first to offer the new domain. I wonder what the extra money will go for? Oh, the new approved domain name? It's .xxx, and is intended for adult-themed websites. Others also recently approved include .jobs and .travel.

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.

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Quote: "You have to find something that you love enough

to be able to take risks, jump over the hurdles and break

through the brick walls that are always going to be placed

in front of you. If you don't have that kind of feeling for

what it is you are doing, you'll stop at the first giant hurdle."

-- George Lucas (Creator of Star Wars)

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"Thanks for providing your service. I will be using it a lot now that I know about it. It really makes photo sourcing easy."

- Carrie Patrick, Managing Editor, EnCompass Magazine

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.

Xerox Makes it Easier for Print Buyers, Print Providers to Access Digital

Technology, Services Worldwide - The community includes some of the world's

most advanced digital PRINT SERVICE providers that are able to handle fast

job turnarounds, short print runs, and applications such as personalization,

direct marketing and books on-demand.

http://www.creativepro.com/story/news/23077.html

Filters make sense for digital cameras -FILTERS, long a favorite of film

photographers, continue to hold their value in the digital age. After all,

they are a simple way to achieve striking image effects, and often these

effects can be repeated on the computer only with great difficulty.

http://www.smh.com.au/news/technology/filters-make-sense-for-digital-cameras/2005/06/23/1119321842531.html?oneclick=true

Next stop, nostalgia: Old Japan hand celebrates RAILWAY heritage - American

photographer and railway enthusiast J. Wally Higgins, says, once the

lighting was right, his technique for getting great shots was quite simple:

"Stand by the streetside and hope that when that older model tram was coming

by there wouldn't be 20 bicycles in the way."

http://www.yomiuri.co.jp/dy/features/scene/20050625TDY12001.htm

Surviving DARFUR: Photographer on Life in the Camps - More than 17 million

refugees and other displaced people fall under the humanitarian umbrella of

the United Nations High Commissioner for Refugees.

http://news.nationalgeographic.com/news/2005/06/0620_050620_darfur.html

Journalist, photographer put back roads on film - McGrew loved photography

he drove an 18-wheeler coast-to-coast and would click off a few frames on

his 35 mm camera at various stops. Many who glanced at the photos encouraged

him to select the best for a paperback. He did.

http://www.al.com/news/huntsvilletimes/index.ssf?/base/news/1119345429116210.xml&coll=1

HUBBLE Snaps "Eye in the Sky"

http://news.nationalgeographic.com/news/2005/06/0624_050624_Hubblepic.html

Corporate Design Departments More Interested in Direct Mail Projects - Both

ad agencies and graphic design firms reported equivalent drops in direct

mail as a sales opportunity. Blame it on the DESKTOP : commonly available

hardware and software have made it easier for anyone to do their own direct

mail pieces without having to consult the experts.

http://www.trendwatchgraphicarts.com/fastfacts/fast287.html

Civil War Era Grips TINTYPE Rebel - Photographer John Coffer lives in a

hand-built cabin in rural New York and makes a living taking old-fashioned

metal-plate photographs.

http://www.wired.com/news/culture/0,1284,67838,00.html

Photography can make LEADERS - or bring them down. Germaine Greer on

image, power and paranoia-

http://www.guardian.co.uk/arts/features/story/0,11710,1511451,00.html?gusrc=rss

Fame in the frame - A new exhibition featuring portraits of STARS - some in very unlikely

poses - illustrates a trust between celebrities and photographers that

has long since been destroyed by the rise of the paparazzi

http://www.guardian.co.uk/arts/features/story/0,11710,1514482,00.html?gusrc=rss

Pennsylvania DCNR Collecting AERIAL Photography of 28 Counties in 2005

http://biz.yahoo.com/prnews/050621/phtu037.html?.v=13

The Art of Business: It's 2005. Do You Know Where Your Retirement Plan Is? -

You're never too young, too busy, or too poor to plan for your retirement.

Here are a few tips for making it as painless as possible.

http://www.creativepro.com/story/feature/23068.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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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 Jonna Zehm

eds@photosource.com

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418

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