## PhotoRESEARCHER Newsletter for March 2005 ##

## PhotoRESEARCHER Newsletter for March ## 414

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

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Model Releases – Do You Know Who Your Signatory Is?

By Joel Hecker, Esq.

As you should all know by now, an executed model release is required in almost all circumstances when the image is to be used in commerce or trade, which of course excludes editorial use. When the model is a minor, the signature of a parent or guardian is also required, because the minor would, under most circumstances, have the right to disavow any agreement the minor entered into, including a model release.

When an adult accompanies the minor (which includes teenagers as well as younger children), it is certainly appropriate to obtain the signature of the adult as well. However, care must be taken to insure that the adult who is present is in fact the appropriate person able to seal the deal.

A recent case brought in the Supreme Court in New York, Alvidrez v. Roberto Coin, Inc. and Getty Images, is a vivid example of the pitfalls that can be encountered when all the "T's" are not crossed.

The facts as set forth in the opinion describe a not uncommon scenario. In 1996, a Spanish modeling agency arranged for the plaintiff, who was sixteen years old at the time, to participate in a photo shoot for Telegraph Colour Library, Ltd., a UK-based stock photo agency owned by Visual Communications Group, Ltd. She executed a release, as did the other models. The art director for the shoot witnessed this signing. The model's mother also signed the release as the model's "representante legal," or so it seemed.

In 2000, Getty Images bought VCG and thereby acquired the rights to license the images from this shoot. In 2003, Getty licensed the image of the model to Roberto Coin, Inc. for use as part of Coin's holiday ad campaign for its diamond jewelry.

In November 2003, the model discovered her image in the ads, appearing in Vogue, Harper's Bazaar, Vanity Fair and numerous other magazines.

In response to the model's demands to cease and desist use, Getty produced the signed release. The model then disaffirmed the release because she was a minor at the time and sued for invasion of her privacy.

Want to read more of this article? Go to http://www.photosource.com/researcher/legal119.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.

ADIRONDACK LIFE (PO Box 410, Jay, NY 12941) former contact and e-mail: Betsey Folwell, Editor, alart@westelcom.com ; current contact and e-mail: Lisa Richmond, Art Director, lrichmond@adirondacklife.com .

MACMILLAN PUBLISHING COMPANY (445 Hutchison Ave, Columbus, OH 43235) former contact and e-mail: Karrie Converse, Cover Designer, karrie.converse-jones@personed.com ; current contact and e-mail: Diane Lorenzo, Cover Designer, diane.lorenzo@pearsoned.com .

MCGRAW-HILL (4530 W 77^th St Ste 350, Minneapolis, MN 55435) former contact, phone and e-mail: Paul Keiski, Art Director, 1 952 832-7858, paul_keiski@mcgraw-hill.com ; current contact, phone and e-mail: Chris Gotz, Design Director, 1 952 832-7853, chris_gotz@mcgraw-hill.com .

CAMPING LIFE MAGAZINE (20700 Belshaw Ave, Carson, CA 90746) Contact person, Stuart Bourdon. Former e-mail: sbourdon@poolepublications.com ; current e-mail: sbourdon@ehlertpublishing.com .

FANCY PUBLICATIONS (PO Box 6050, Mission Viejo, CA 92690) former contact and e-mail: Steve Triolo, Associate Editor, striolo@bowtieinc.com ; current contact and e-mail: Sandy Meyer, Associate Editor, smeyer@bowtieinc.com .

IMAGE RESOURCES. Contact person, Carol Parden, former address, phone, fax and e-mail: 332 S Michigan Ave Ste 1100, Chicago, IL 60604-4434, 1 312 939-1020, 1 312 939-8150, parden@worldbook.com ; current address, phone, fax and e-mail: 140 S Dearborn Ste 1450, Chicago, IL 60603, 1 312 223-0660, 1 312 701-1728, parden@anet.com .

FIRST FOR WOMEN MAGAZINE (270 Sylvan Ave, Englewood Cliffs, NJ 07632) Lori Scanlon’s name changed to Lori Barbely. Former e-mail: Lscanlon@bauerpublishing.com ; current e-mail: Lbarbely@bauerpublishing.com .

SILVER EDITIONS (133 W 19^th St 4^th Fl, New York, NY 10011) former contact and e-mail: Stacey Taylor, Photo Researcher, info@silvereditions.com ; current contact and e-mail: Kimberly Ng, Photo Researcher, kng@silvereditions.com .

THE MAZER CORPORATION (6680 Poe Ave, Dayton, OH 45414) former contact, fax and e-mail: Melissa Ferguson, Art/Photo Researcher, 1 937 264-2619, Melissa_ferguson@mazer.com ; current contact, fax and e-mail: Sarah Briland, Art Buyer / Photo Researcher, 1 937 264-2623, Sarah_Briland@mazer.com .

IN-FISHERMAN MAGAZINE (Two In-Fisherman Dr, Brainerd, MN 56401) former contact: Jim Pfaff, Editor; current contact and e-mail: Chuck Beasley, Art Director, cbeasley@in-fisherman.com

HARCOURT SCHOOL PUBLISHERS (6277 Sea Harbor Dr 4^th Fl, Orlando, FL 32757) former contact and phone: Tony Roush, Photo Editor, 1 407 345-3501 ; current contact and phone: Nancy Tobin, Manager, Research, 1 407 345-3567.

NICHOLAS COMMUNICATIONS (33 Deer Trail, Ogden Dunes, IN 46368) Contact person, Randall Nicholas, President. Former e-mail: niccom@mindspring.com ; current e-mail: niccomc@mindspring.com .

MEESE PHOTO RESEARCH (15 E Lakeview Ave, Columbus, OH 43202) Contact person, Gail Meese, Photo Editor. Former e-mail: meesephoto@iwaynet.net ; current e-mail: meesephoto@wowway.com .

PUBLICATIONS INTERNATIONAL, LTD, former address: 7373 N Cicero Ave, Lincolnwood, IL 60646; current address: 7373 N Cicero Ave, Lincolnwood, IL 60712.

STUFF MAGAZINE (1040 Ave of the Americas 12^th Fl, New York, NY 10018) former contact and e-mail: Fabiana Santana, Associate Photo Coordinator, Santana@stuffmagazine.com ; current contact and e-mail: Alisha Borth, Associate Photo Coordinator, Aborth@stuffmagazine.com .

READ ALL ABOUT IT

The next time you’re working on a research project, check out www.answers,com. They’ve now developed a "1-Click Answers" feature that allows a toolbar to remain on your desktop.

The advantage: From within any program, you just alt-click on any word and it will look it up in a dictionary, thesaurus, encyclopedia and other reference works to display immediate answers. If you do research on-line, this is a great advantage. Be sure to book mark it. It's a wonderful addition to the growing list of excellent free reference websites available to the public. –RE

Falling in Love With What You Do

Want your entrepreneurial freelance research business venture to survive? Here at PhotoSource International we have observed freelancers and their business operations for 25 years. Many survive. But many more fail. Of those that fail, the most common flaw was their refusal to pay attention to the business aspects of their operation. In other words – they went out of business, not because they weren't good at what they do, but because they were not good business people.

Being a good businessperson can be learned.

"But I don’t like all that drudgery associated with business," you might say.

Yes, it’s true, there is meticulous record keeping involved, and routine tasks. Diary keeping. Forms to fill out. "Ugh!" you say – and you are correct.

But look at it this way: Are you in love with what you're doing? If you are, then the inconveniences associated with running a stable operation should pale against your rewards.

ENJOY!

History shows that anyone can succeed if they’re willing to put up with the inconveniences (and "the lean years") associated with their endeavor. Actors often talk, write, and sing about their years of struggle. While it was happening, they say, it wasn’t pleasant. But if they survived, and went on to fame – they often will comment that those years –were the best years. Can you draw a parallel to your own efforts? If it’s any consolation, you might be passing through "the best years" right now. Enjoy every moment!

The inventor Thomas Edison didn’t "discover" the electric light bulb. He simply put up with the drudgery of testing more than 7,000 different ways to make it work. He was in love with what he was doing. When someone asked him, "Isn’t it boring – going through all those tests?" he replied, "On the contrary, it’s exhilarating. Now I know 7,000 ways it cannot be done."

INSPIRATION VS. PERSPIRATION

We tend to call someone a genius if they succeed far beyond their colleagues. But Edison’s famous reply was, "Genius is 1% inspiration, and 99% perspiration."

The actor George Burns was asked how he got to the top in his profession. He stumbled with a few cliches about being lucky or working hard, and then said, "What I’m trying to say is – if you are really in love with what you’re doing – the failures along the way won’t bother you."

Want to read more of this article? Go to http://www.photosource.com/researcher/clmn75.html

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.

Nestor Scherbey

January 24 – January 31, 2005

Bangkok (Thailand)

February 1 – February 6, 2005

Hong Kong (South China)

February 6 – February 10, 2005

Seoul (Korea)

Spence Mougin

May 9 – 17, 2005

Crete

May 17 – 24, 2005

Santorini

May 24 – 28, 2005

Vienna

Doug Nurock

April 19 - April 29, 2005

Costa Rica

October 19 - November 16, 2005

Vietnam

Lee Snider

April 15 - May 23, 2005

China

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The Good Ol' Days?

The Crest Has Fallen And We've All Survived

When I visited the Optical Disk Pilot Program at the Library of Congress in Washington DC back in 1985, the Deputy Librarian, William J. Welsh, told me that his department was concerned about the speed with which their photo collections were deteriorating.

He felt optical disk technology would save the day. At that time, optical disc meant a platter about the size of an LP record. (Nowadays it’s reduced in size to that of a CD-ROM or DVD disc.) In addition, he felt the technology would be practical in helping the public find pictures faster.

He was certainly correct.

The first stock photography application of video disc technology had already started in 1982, pioneered by First Vision in Newport Beach, CA. Next came Video File, and then even a major stock photo agency, The Image Bank, jumped in. None of these efforts ever really got off the ground, but they laid important groundwork.

By the late 80’s audio CD-ROM’s had become well-established, and it didn't take long before entrepreneurs began to place sets of photographers’ images onto CD-ROM discs, selling them at low prices. Thus was born the CD-ROM photo industry, later to be labeled Photo Clip Art, and now known as Royalty-Free. The term RF was borrowed from the music industry, which had used "royalty free" to indicate when royalties weren't required on certain records when played at an event, on a radio broadcast, etc.

User groups and Blogs on the Internet started buzzing about this new trend in stock photography, and agonized over whether this bombshell would pull the rug out from under the stock photo industry.

Want to read more of this article? Go to http://www.photosource.com/researcher/gen685.html

Trend Notes

SIT RIGHT. Poor posture in front of the computer daily can lead to back pain or other illness. Here’s a website that illustrates proper chair height, eye-to-monitor distance and other important factors while working at your computer.

http://www.ergonomics.com.au/howtosit.htm

Good Stuff

GOOGLE AND OTHER SEARCH ENGINES, by Diane Poremsky. Teach yourself how to search the Web the quick and easy way. This Visual QuickStart Guide uses pictures rather than lengthy explanations. ($19.99; ISBN: 0-321-24614-4) Contact: Peachpit Press, 1249 Eighth St, Berkeley CA 94710. Phone: 1 800 283-9444. Fax: 1 510 524-2221. E-mail: ask@peachpit.com .

CREATING A WEB PAGE IN DREAMWEAVER, by Nolan Hester. If you want to make a webpage fast but don’t want to get bogged down in the details, use this Visual QuickProject Guide. (ISBN: 0-321-27843-7; $12.99) Contact: Peachpit Press, 1249 Eighth St, Berkeley CA 94710. Phone: 1 800 283-9444. Fax: 1 510 524-2221. E-mail: ask@peachpit.com . http://www.photosourcefolio.com/bookstoreone.htm#0321278437

On-Line

By Bill Hopkins

Domain Names from Google?

That's right. The mighty search engine Google is now an official provider of domain names. How soon they will start to offer domain registrations is not known at this time, nor how they will structure their pricing. Domain names are pretty cheap these days, from such registrars as 1&1 (www.1and1.com) and Go Daddy (www.godaddy.com), and Google could follow suit. ICAAN has approved Google to offer the following top-level domain names: .com, .net, .org, .biz, .info, .name, and .pro. If you'd like to see the complete list of all the companies ICANN has authorized and which domain names each may offer, visit http://www.icann.org/registrars/accredited-list.html.

MSN Search

And while we're talking about Internet search engines, MSN has now taken the beta wrapper off its search engine. Their new search engine was developed from the ground up, rather than relying on others' search technology, and uses proprietary methods. You can easily access it from the main MSN page (www.msn.com). Give it a try and see how you like it.

Want to read more of this article? Go to http://www.photosource.com/researcher/onlin154.html

Tax Tactics

by Julian Block

Investment Losses

I want to share an e-mail from a reader I'll call Victor, someone who has suffered substantial unrealized losses from investments in individual shares of stocks and mutual funds. No Nostradamus he, Victor opted to move a good portion of his available funds into several sizzling stocks in March of 2000, fairly close to when market indexes were at their all-time peaks.

All of his picks plummeted in value within a few days after he bought them, eventually by more than a disheartening 70 percent, and have since recovered only slightly. Victor is considering unloading the stocks and wants to know the tax consequences in the event he does decide to realize his paper losses.

Welcome to the club, Victor. You have lots of company, as attested by the e-mails I receive.

What might provide some consolation is the opportunity to indulge yourself in a soupcon of schadenfreude, which my Webster's Dictionary defines as enjoyment obtained from others' troubles. After all, your unrealized losses of more than two-thirds are still significantly less than the complete losses experienced by investors who perceived themselves as masters of market timing and spent big bucks for shares of dot-com ventures that subsequently went bust.

Want to read more of this article? Go to http://www.photosource.com/researcher/txtct103.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.

Boinx FotoMagico 1.2 - Your SLIDESHOWS Will Never Be the Same Again http://www.creativepro.com/story/news/22575.html

GLASS SLIDES provide important historical record

Photos of local homes shot in 1933 http://www.stthomastimesjournal.com/story.php?id=145598

Industry Analysis: Are Digital Cameras Impacting the STOCK IMAGE Market? -
As digital camera resolutions rise and prices fall, it appears that almost anyone can afford to take photos for their design jobs, and the stock photo business must be suffering. Is this true, or are appearances deceiving? http://www.creativepro.com/story/feature/22570.html

400 Digital Camera TIPS - Get More Enjoyment Out of Photography - MalekTips now has an increased number of articles on pertinent subjects such as digital camera purchasing advice, photo composition, and photo printing. http://www.creativepro.com/story/news/22566.html

Tragic Beauty-The Stunning Photography Of Annemarie Schwarzenbach - To walk into the Godwin-Ternbach Museum at Queens College with no expectations or preconceptions and confront photographs of Europe during the first years of Hitler's rise, and then the Depression-era South and finally her travels through the post-colonial MIDDLE EAST is a thrill. http://www.zwire.com/site/news.cfm?newsid=14026916&BRD=1865&PAG=461&dept_id=152952&rfi=6

Photographer captures international acclaim - Journal Sentinel photographer David Joles was named the Wisconsin News Photographers Association's Photographer of the Year and placed second in the Newspaper Photographer of the Year CONTEST in the 62nd Pictures of the Year International competition. http://www.jsonline.com/news/gen/feb05/305344.asp

Picture of grief wins World Press Photo Award - A gripping colour photograph of a woman grieving next to the body of a dead relative, by INDIAN photographer Arko Datta of Reuters, won the World Press Photo Award for 2004. http://thestar.com.my/lifestyle/story.asp?file=/2005/2/28/features/10224566&sec=features

Book Printers Increasingly Looking To On-Demand Printing - In Fall 2004, 24% of book printers saw "black-and-white ELECTRONIC PRINTING (like DocuTech)" as a sales opportunity-a record high for this market. http://www.trendwatchgraphicarts.com/fastfacts/fast271.html

Eye Contact Sure, I Take TRAVEL Photographs, But What I Really Like To Do Is Direct http://www.shutterbug.com/columns/0205passport

Life's a beach for local surf photographer – COMPETITION amongst freelancers is fierce. For instance on Hawaii's North Shore in peak season over 300 photographers crowd the beach to try and snap the action out on the world's best known beaches. "You have to try and think of a different angle," said Shelli. http://www.abc.net.au/goldcoast/stories/s1312466.htm

Pinoy lensman wins in Nat'l Geographic tilt- WHEN 30-year old freelance photographer and graphic artist Edwin Loyola

joined the 2nd National Geographic Channel (NGC)/Sony Digital Photography CONTEST , he never thought of winning in

the Internet-based photo contest on his first try.

http://www.malaya.com.ph/feb28/livi1.htm

The story of photographer and journalist Annemarie Schwarzenbach-

http://www.zwire.com/site/news.cfm?brd=1865&Nav_Sec=24421

the undisputed home of high fashion, Milan,

is holding the first-ever exhibition of ITALIAN FASHION photography,

entitled Italian Eyes.

http://www.theherald.co.uk/goingout/33960.html

A Monroe County library project has assembled and digitized 900 photos

as part of an ongoing effort to preserve and disseminate the history of

the rapidly changing KEYS . They are available online.

http://www.miami.com/mld/miamiherald/news/state/11002880.htm?1c

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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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