## PhotoRESEARCHER Newsletter for June 2004 ## 405 ISSN 1545-1275

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

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Models' Suit for Anti-Trust Price Fixing Survives

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by Joel Hecker

Many photographers have, of course, utilized the services of professional models. Fees for their modeling services necessarily impact on the total budget and often indirectly affect the amount available to meet the photographer's budget for fees and expenses. A recent case was commenced in the United States District Court for the Southern District of New York, by a class of professional models against substantially all of the model agencies in New York. The case, Fears v. Wilhelmina Model Agency, Inc. (and other model agencies), alleged various anti-trust violations including collusion as to the parallel fixing of agency commissions charged to the models.

In a recent decision, the Court, on a motion for Summary Judgment, refused to dismiss this one count, finding sufficient evidence to present to a jury.

In particular, the Court found extensive evidence that the model agencies switched their business model from employment agencies to one of model management agencies in order to avoid a New York statute which limits employment agency commissions to 10%. It further found extensive evidence of agreements between the agencies on various components of their businesses, such as client service fees, holiday closing schedules, cancellation policies, and penalties assessed against agencies who attempted to hire models represented by other agencies. The Court found that, taken together, this body of evidence "may reasonably be inferred to demonstrate an industry inundated with collusion."

One claim that was dismissed concerned collusion on fees charged to clients (who in some instances would be photographers). The Court ruled that the models had no standing to challenge this practice since they were not directly harmed.

The agencies continue to deny any wrongdoing and the case will eventually go to trial if not settled.

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.

Changes

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

FEMALE PATIENT, former company name, contact, phone, fax and e-mail: Female Patient, Mike Wendt, Production Director, 1 973 701-2768, 1 973 701-8893, mike.wendt@qhe.com ; current company name, contact, phone and e-mail: PHYSICIANS' TRAVEL & MEETING GUIDE, Marjorie Schnieder, Art Director, 1 973 701-2741, marge.schnieder@qhc.com .

PLANE & PILOT (12121 Wilshire Blvd Ste 1220, Los Angeles, CA 90025) former contact and phone: Steve Werner, Editor, 1 310 820-1500; current contact and phone: Rob Shepherd, Editor, 1 310 820-1500.

NIA COMMUNICATIONS, former contact and address: Daniel Norris, President, PO Box 34041, Philadelphia, PA 19101; current contact, address and phone: Julio Gerrero, Art Director, 99 Canal Plaza 32222, Alexandria, VA 22314, 1 703 683-6480.

ILLINOIS WILDLIFE (13568 N. 1275th St, Newton, IL 62448) former contact and phone: Tom Mills, Editor, 1 618 562-2770; current contact, phone and e-mail: Ryan Michl, Editor, 1 618 562-2770, ryan@ilwildlifeconnections.com .

FOOD MARKETING INSTITUTE, former contact and address: Tony Spleen, Manager, 1750 K St NW, Washington, DC 20006; current contact, address, phone, fax and e-mail: Todd Houltquist, Manager, 655 15 St NW, Washington, DC 20005, 1 202 452-8444, 1 202 429-4519, thoultquist@fmi.org .

ANNA KASABIAN, former address, phone and fax: 12 Manor Dr, Millbrook, NY 12545, 1 845 677-9372, 1 845 677-9376; current address, phone and fax: 54 Pleasant St, Manchester, MA 01944, 1 978 526-9067, 1 978 525-2973.

PREVENTION MAGAZINE, former address and phone: 33 E Minor St, Emmaus, PA 18049, 1 610 967-7548; current address, phone and fax: 400 S 10th St, Emmaus, PA 18098, 1 610 967-8332, 1 610 967-7654.

FLOW MAGAZINE, former contact, address and phone: Jon Gobetti, Editor, 7950 Deering Ave, Canoga Park, CA 91304, 1 818 887-0550; current contact, address, phone, fax, and e-mail: Roman Roth, Editor, 9509 Vassar Ave, Unit A, Chatsworth, CA 91311, 1 818 700-6868, 1 818 700-6282, customersercive@challengeweb.com .

KITCHEN COLLECTION (71 E Water St, Chillicothe, OH 45601) former contact and e-mail: Holly Henry-Dozer, Marketing Manager, hhenrydozer@kitcol.com ; current contact and e-mail: Trish Tickle, Marketing Manager, ttickle@kitcol.com .

US AIR MAGAZINE (1301 Carolina Ave, Greensboro, NC 274001) former contact: Michelle Wilson, Art Director; current contact: Holly Holiday, Art Director.

MONTANA TRAVEL PROMOTION DIVISION (1424 9th Ave, Helena, MT 59620) former contact and phone: John Wilson, Director, 1 800 541-1447; current contact and phone: Donnie Sexton, Publicity and Photography, 1 406 841-2897.

REI ADVENTURES (6750 S 228th St, Kent, WA 98032) former contact and e-mail: Andy Kronen, kronen@rei.com ; current contact and e-mail: Laura Velasquez, Project Coordinator, Velasquez@rei.com .

GUN DOG, former contact and address: Bob Wilbanks, Editor, 1901 Bell Ave, Des Moines, IA 50307; current contact and address: Rick Van Etten, Editor, 8015 Warren Dr, Des Moines, IA 50320.

GROLIER INC /SCHOLASTIC (90 Sherman Turnpike, Danbury, CT 06816) former contact and phone: Susan Petruzzi, Staff Photo Researcher, 1 203 797-3858; current contact and phone: Cindy Joyce, Photo Researcher, 1 203 797-3217.

FLORIDA VOICES FOR ANIMALS (PO Box 17523, Tampa, FL 33682) former phone: 1 813 969-3755; current phone: 1 727 710-0413.

THE CHRISTIAN CENTURY, former contact, address and phone: Kathleen Wind, Photo Editor, 407 S Dearborn St, Chicago, IL 60605, 1 312 427-5380; current contact, address, phone, fax and e-mail: Dan Richard, Photo Editor, 104 S Michigan Ave Suite 700, Chicago, IL 60603, 1 312 263-7510, 1 312 263-7540, drichard@christiancentury.org .

BIRD WATCHER'S DIGEST (Dept PM Box 110, Marietta, OH 45750) former phone: 1 614 373-5285; current phone and e-mail: 1 740 373-5285, editor@birdwatchersdigest.com .

PRIMEDIA (3816 Industry Blvd, Lakeland, FL 33811) former contact and phone: Larry Dobbs, Art Director, 1 323 782-2000; current contact and phone: Pat Hayes, Art Director, Phone: 1 863 607-5047.

Online

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by Bill Hopkings

SPAM Revisited

Does it seem that, even with good spam filters, you still get a lot of spam? Well, it's no surprise. Most of the major senders of unsolicited e-mail first run their potential e-mail message through several anti-spam software programs (the kind you and I buy, and the kind that run on servers) to see if it will get through. And if it doesn't, well, they tweak it until it does. That doesn't mean you should give up your spam filter, but it can help explain why every so often, you think the filter's not working 'cause you're getting a lot more spam than you did last week. You probably are (at least until the anti-spam folks update and distribute a new set of definitions, then it starts all over again). Cat and Mouse, anyone?

And While We're On The Subject

The so-called "Buffalo Spammer" has been convicted in New York. His sentencing was set for May 27, and he faces 2 to 7 years in prison. This case was the first filed by that state's Attorney General under New York's recent identity-theft statute. He had stolen the identity of several persons (two were in Buffalo, NY, hence the moniker) and used the information to open Earthlink accounts and send a total of more than 825 million unsolicited e-mails.

Electronic Delivery of Software

By now we're all pretty familiar with full-program software downloads and updates/patches from the Internet. And it works pretty well. There are a couple of issues, though. One is that unless you burn your own CD, if your computer hard drive fails, there goes your software (backup strategy, anyone?), and you don't generally get that fancy Certificate of Authenticity. And if you're not on a broadband connection (such as cable or DSL), the download can sometimes take forever. Of course, for any new title, you can always run down to the computer store and, if it's in stock, buy it right there.

Want to read more of this article? Go to: http://www.photosource.com/researcher/onlin144.html

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White Mailers

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.

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I'm Into Stock

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As a photo researcher, when you tell friends (and some clients) you are into "stock," you might wonder why they might be confused. Our jumbo Webster's dictionary lists 55 meanings of the word "stock"!

To Wit:

stem; stick; block; the trunk of a tree; a tree stump; anything lacking life, motion, or feeling; one who is lacking in life, motion, feeling; a blockhead; a plant from which cuttings are taken; a rhizome; plants of the mustard family; the first of a line of descent; a supporting block, as for an anvil; the butt or handle of a whip, fishing rod; the frame of a plow; the wooden or metal piece of a rifle; a kind of wrench for holding thread-cutting dies; the crossbar at the upper end of the shank of an anchor; the wooden frame which supports the wheel and post of a spinning wheel; a former instrument of punishment; a frame of timbers supporting a ship during construction; a frame in which an animal is held for shoeing, etc; raw material, as, paper stock; water in which meat, fish, etc has been boiled; a store or supply; the total amount of goods on hand in a store, etc; the portion of a pack of playing cards; a debt represented by a tally or tallies; the capital, or fund of invested money; shares of corporate capital, or the certificates of ownership representing them; a part interest in something; a large, wide, stiff cravat, worn formerly; in zoology, a colony of connected zooids, forming a compound organism; a good grade of red and gray brick; in ecclesiastical use, a holy water vessel or the pillar by which it is supported; the net proceeds of a catch of fish; in mining, a mass of ore thick and irregular in form; to take stock; to inventory the amount of stock on hand; to take stock of; to set a value upon; to furnish with stock, as a farm; to keep or put in a supply of for sale or for future use; to stack, as cards; to put forth new shoots: said of a plant; common, ordinary, hackneyed, or trite; as, a stock joke; for the raising of, livestock; stock car --RE

FORM 1040 CAN BE AMENDED AFTER APRIL 15

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by Julian Block

Is it too late to recalculate your taxes if you recheck last year's Form 1040 (for 2003) and discover you overlooked some business write-offs or other tax breaks? Not at all. There is still plenty of time, in most instances, to redo your return. Here are some reminders on when you can or cannot change your mind after the due date.

SEPARATE AND JOINT RETURNS. You and your spouse filed separate returns. Now, however, the two of you agree that joint filing would have saved taxes. Does the law allow you to switch from separate to joint returns? Yes, although there is a bit of paperwork involved. To switch, you must amend your return -- normally, any time within three years of the due date, which is April 15 for most people. More on amending in a moment.

Can you make the opposite switch? No. If you file jointly, you cannot switch to separate returns once the filing deadline has passed.

TIP. The decision to file jointly is binding on both spouses. That rule, among other things, means someone who files jointly and then divorces cannot disavow a joint return and file separately, so as to force an ex-mate to pay more taxes.

ITEMIZING AND THE STANDARD DEDUCTION. You and your spouse filed jointly and used the standard deduction for taxpayers who do not itemize. Now you realize it would have been advantageous to itemize your payments for state income taxes, interest charges on home mortgages, contributions and the like. Are you stuck with the standard deduction? No. You can switch to itemizing, provided you do so with a timely amended return.

CAUTION. A special rule applies when spouses file separate returns. Both must use the same method to handle deductions. If one itemizes, so must the other. One cannot itemize, while the other uses the standard deduction.

AMENDING FORM 1040. Those obliging folks at the IRS provide a relatively easy way to amend your Form 1040 without the need to completely redo the return or go through any complicated red tape. Just contact the IRS for Form 1040X (Amended U.S. Individual Income Tax Return), a simplified form consisting of two pages, plus a set of instructions on how to explain the change you wish to make and compute the refund or balance due.

Want to read more of this article? Go to: http://www.photosource.com/researcher/txtct93.html

For the freelance photo researcher...

It's not your family car

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In your stock photography 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 2003, the standard rate is 36 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.

Want to read more of this article? Go to: http://www.photosource.com/researcher/txtct65.html

Travel Notes

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Note: Digital photography works good-sometimes. This experience of travel photographer, Jeremy Hoare, sheds light on some of the problems your photographers are facing in the "digital revolution."

Digital - A Cautionary Tale

Digital photography for travel should be great, but it's not all it's cracked up to be. There are huge pitfalls, and I've just fallen into one.

Having learnt in just a few months how good digital can be for low light and night shooting, I only really intended to use my Fuji S2 Pro for these occasions. But on the way from the UK to Australia I shot a fair amount on the flights, at the airports and in Brisbane at night in the streets. Then we flew to Perth in Western Australia where I had been invited to photograph the Vasse Felix winery, the original Margaret River operation and the start of its wine industry.

I tried to switch on the Nixvue Vista portable hard drive I'd bought for the trip, but it wouldn't function. As I had only got it the day before flying I'd had no time to play with it but had already downloaded around 250 images from CompactFlash cards.

Locating the Perth distributor for Nixvue, C R Kennedy, Nick there couldn't repair it but sent it to Singapore to be fixed and the images rescued. Having bought this device as a professional tool I am more than disappointed that it failed so badly and so quickly.

Reliability is fundamental to any photographer, to a travel professional it is vital. I had intended downloading everything to the Nixvue but would not be able to from here on.

Not Yet

Then it hit me, a bolt from the blue: just get the images copied onto CDs in a computer shop, which I did at the first opportunity. This makes the Nixvue redundant now, and if I had thought it through I wouldn't have bought it in the first place! Photography has been round using film for about 150 years, but digital is probably at the Model T stage when compared to auto development. One day it will be reliable enough, but not yet.

Want to read more of this article? Go to: http://www.photosource.com/researcher/trvnt70.html

The Myth About

Model Release Required

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Note: Need the answer to a stock photography question? At our website (www.photosource.com/board) you'll find our Bulletin Board, called "The Kracker Barrel." Check it out. Our staff answers marketing questions; fellow photographers and our columnists offer their input and experience. The following is a typical exchange:

Q: In Rohn's book, "Sell & Re-Sell Your Photos," he says in Chapter 15 under 'Rights & Regulations,' that in most cases you do not need a model release. But I notice that in "The 2004 Photographer's Market," almost every listing says, "Model release required."

Can you submit photos without a release even if they say it is required? Would the photos still be considered for print? -William Schledd

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A: William, your question is very legitimate, and very familiar. The rule of thumb is that editorial usage (book and magazine illustration) does not require a model release; but advertising, promotion, endorsement usage always requires a model release. It's understandable why there is confusion, when in spite of this, so many editorial photo editors in the Photographer's Market directory say that they need a model release.

First, it helps to understand it from the photo editor's point of view.

(Photographer's Market is published by Writer's Digest, the same company that publishes my two books, "Sell and ReSell Your Photos," and "sellphotos.com.")

Any photo editor signing up to be listed in the Photographer's Market directory feels they're well-advised to check 'yes' in the query square that asks, "Do you require model releases?"

Why?

There are two main reasons for this.

1.) Photo editors do not like to receive an avalanche of amateur photos. By checking the Photographer's Market 'model release' square with "Yes," they figure this can be a preventative measure for them. Their time is valuable.

It can eliminate much time-consuming and expensive work reviewing tons of scanned images and CD's and processing and returning inappropriate submissions from window-shopping amateurs. And the editors have a legitimate case. Most amateurs are not familiar with their First Amendment rights and the fact that model releases are NOT required for editorial use. Photo editors, by stating that they require a release, are in effect eliminating extra work. The pro stock photographers know what's what, concerning editorial usage. They ignore the reference to model releases and submit their photos, with or without model releases.

2.) Photo editors like their jobs. They choose to work with familiar and well-established stock photo professionals. But they're also always on the lookout for fresh new faces, with fresh material, from photographers who have educated themselves on what photo editors need and expect.

Photo editors who advertise in Photographer's Market can eliminate any legal hassle (imagined or otherwise) that might place their job in jeopardy, by checking the "Model Release" square to "cover" themselves.

Here's a secret, William. You'll find that photo editors at editorial markets will welcome any non-released photo that matches their current need (when they are going to use it for editorial purposes).

Since photo editors at most publishing houses rarely deal with advertising or other endorsement-type assignments, it's rare that they ever need a model release. If they do ask for a release, it's usually because they are working on a project of a particularly sensitive nature, such as drug abuse, mental retardation, sex education, etc. In those cases, it would be appropriate to ask for a model or property release.

Want to read more of this article? Go to: http://www.photosource.com/researcher/cb30.html

Work Shop

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PORTRAYING PEOPLE, with Mary Ellen Mark. June 12 - 13, 2004. This workshop will explore the various possibilities for making a portrait that conveys the essential characteristics of the subject. Cost: ICP members $380; non-members $405 + registration fee $30. NON-SILVER PRINTING: ALTERNATIVE PROCESSES, with Jill Enfield. August 12 - 15, 2004. With the use of fine quality papers, hand-applied emulsions, and simple technology, early photographic processes present a compelling alternative to the silver print. Cost: ICP members $400; non-members $425 + lab fee $65 and registration fee of $30. Contact: International Center of Photography, 1114 Ave of the Americas @ 43rd St, New York, NY 10036. Phone: 1 212 857-0001. Web: http://www.icp.org .

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.

Knippel sees camera as way of bringing OUTDOORS into focus - Photographic

artist Amy Koontz Knippel had a change of heart one day after taking a canoe

trip along one of Florida's most famous rivers.

http://www.tcpalm.com/tcp/jc_local_news/article/0,1651,TCP_1114_2903722,00.h

tml

Don't BAN PHOTOS - NYC Transit officials cite the 9/11 attacks and this

year's commuter-train bombing in Madrid as justification for banning

unauthorized photography.

http://www.newsday.com/news/opinion/ny-vppho223813771may22,0,2068360.story?c

oll=ny-editorials-headlines

Camera, MEMORIES of flood of '65 find their way back to original owner

thanks to persistent photographer

http://www.winonadailynews.com/articles/2004/05/23/news/00lead.txt

Taking PHOTOS OF HOME while you're building it will be invaluable

http://www.detnews.com/2004/homestyle/0405/23/e20-159137.htm

Blade journalists earn Ohio news, photo HONORS - Photographer Allan Detrich

won first place in the best general news photo category for his photograph,

"Final touch good-bye," which showed a military officer touching the casket

of Christian Gurtner, of Ohio City, a Marine who was killed in Iraq.

http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20040524/NEWS08/405240

344/-1/NEWS

City Fights Terror With Subway PHOTO BAN:

http://1010wins.com/topstories/winstopstories_story_141171549.html

ASSOCIATED PRESS council presents annual awards:

http://www.signonsandiego.com/news/metro/20040523-9999-1m23apaward.html

dotPhoto(R) Photo Processing Site Wins Hi-Tech PIONEER AWARD ;

http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/05-24-2004/0002180373&EDATE=

Kodak's OFOTO now Offers KODAK PERFECT TOUCH Processing

Online Photography Service Now Enabled With Premium, High Quality Digital

Photo Processing

http://www.creativepro.com/story/news/21374.html

Reuters' Mitchell Named Photographer of the Year - Reuters photographer JEFF MITCHELL was named Nikon Sports Photographer of the Year for the second time

at Britain's Picture Editors' Awards on Tuesday.

http://news.yahoo.com/news?tmpl=story&u=/nm/20040519/sp_nm/photographer_dc_1

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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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