## PhotoRESEARCHER Newsletter for May 2005 ##

## PhotoRESEARCHER Newsletter for May ## 416

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

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National Geographic Society - Second Circuit Upholds Dismissal

by Joel Hecker, Esq

As I previously reported in PhotoStockNOTES in January 2004, Judge Lewis Kaplan of the Southern District of New York decided that, in his opinion, the Eleventh Circuit Court of Appeals confirmation of the Miami verdict of $400,000 in favor of Jerry Greenberg against National Geographic Society was wrong. As a result, he upheld the determination that National Geographic's use of photographs, which appeared in various issues of its magazine, was not a revision of the original issues, but rather a new product in a new medium for a new market. Accordingly, Judge Kaplan rejected similar arguments presented by plaintiffs Douglas Faulkner, David Hiser, Fred Ward and other photographers in the New York case.
The Second Circuit Court of Appeals, covering New York, Vermont and Connecticut, has now affirmed Judge Kaplan's decision and rejected the reasoning of the Eleventh Circuit Court of Appeals in the Greenberg case.

The Second Circuit Court concurred with Judge Kaplan that the intervening New York Times v. Tasini decision by the United States Supreme Court raised questions as to the continued validity of the reasoning behind the Greenberg decision. Accordingly, it upheld the District Court's ruling that it had the authority to consider the merits of the cases before it even thought the same issues had already been determined adversely to National Geographic Society in the Miami case.

The Second Circuit then reached the same result as Judge Kaplan, that the National Geographic Society search engine was just a technological improvement, similar to a compilation of back issues in a stiff-bound volume with a searchable index, and therefore a permissible use of the photographs at issue. It declined to follow the Eleventh Circuit opinion in Greenberg because of the Second Circuit's interpretation of the Supreme Court decision in Tasini.

The plaintiffs plan to seek re-argument before the Second Circuit, and if unsuccessful, since there is now a split among the Circuits as to the interpretation to be given to the Supreme Court's decision in Tasini, to petition the Supreme Court to hear the case. Thus we may have yet another Supreme Court consideration of the continuing effect of new technology on photographic copyright issues.

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.

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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) or use our standard form at < http://www.photosource.com/photobuyer/request.php >. It’s free. No charge.

Once you use our photo listing service, details of contact info, budget rouge, w/color, any specifics like "requests no phone calls," etc., will be saved on your personal computer so you don’t have to re-type them when you make a photo need listing the next time.

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Big spenders. . . . . . .

A Survey Report

We recently surveyed our member photographers. 203 responded. You may be interested to read the results.

PURCHASES. 1.) The respondents are big spenders. The average spent on photographic equipment by the photographers in the last year was a whopping $4,948.83. One photographer spent a high of $35,000. Seventeen people spent higher than $10,000. Fifteen people spent under $100 or left the answer blank. Males spent more than females.

DIGITAL VS. FILM. 2.) The majority of respondents indicate they're hesitant to focus on digital-only images. Most display their images digitally on the web or in e-mail messages, but prefer to deliver them in slide format or a high-res format preferred by individual photobuyers. Apparently they have made this decision based on conversation with the individual photobuyers they work with.

95% said they had photo-editing software.

GENDER. Two-thirds of the respondents (who answered this section) are male, one-third female. Age of the respondents:

Age F M Total

26-35 05 10 15

36-49 16 30 46

50-64 27 96 113

65+ 06 17 23

FILM. Stock photographers are still getting rolls of film developed. Several full-time shooters said they averaged 200 to 450 rolls a year. Nineteen said they averaged 300 a year. Thirty-three averaged 120 rolls per year. Twenty-seven said they averaged 36 rolls per year. Seven photographers said they have switched to all-digital and do not use film anymore.

CAMERA. Which camera brands were the most popular for stock photographers? Nikon came out on top (94); Canon was second (78). "Honorable Mentions" went to Fuji, Mamiya, Minolta, Bronica, Pentax, Leica, Hasselblad, Rolleiflex, and Olympus. Probably for nostalgic reasons, others were mentioned too: Graflex, Linhoff, Tarman, Ricoh, Voightlander, Polaroid, Kodak, Sinar, and Contax.

SUMMARY: If you are still waiting to jump into the Digital Revolution, our survey tell us that you are not alone. Many stock photographers are holding back despite the abundant buying of digital equipment reflected by this year’s respondents. This would indicate equipment suppliers haven’t yet seen a saturation point for photographic purchases. It also means a lot of stock photographers will have a lot of digital knowledge to gain, once they are equipped with the equipment that the majority of photobuyers are starting to demand from image suppliers. –RE

CHANGES

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

LATINA MAGAZINE (1500 Broadway, 7^th Fl, New York, NY 10036) former contact and e-mail: Diana Santana, Photo Researcher, dsantana@latina.com ; current contact and e-mail: Deborah Hardt, Photo Researcher, dhardt@latina.com .

ARIZONA AUTOMOBILE ASSOCIATION HIGHROADS (PO Box 33119, Phoenix, AZ 85067-3119) former contact and phone: Rebeca Antioco, Publications Editor, 1 602 650-2733; current contact and phone: Eve Gonzalis, Publications Editor, 1 602 650-2738.

JEWISH MONTHLY (2020 K St. NW, 7^th Fl, Washington, DC 20036) former contact, phone and e-mail: Richard Greenberg, Managing Editor, 1 202 857-6699, rgreenberg@bnaibrith.org ; current contact and phone: Mark Wright, Art Director, 1 202 857-6516.

VIRGINIA WILDLIFE (4010 W. Broad St, Richmond, VA 23230) contact person, Emily Pels, Art Director. Former e-mail: epels@dgif.state.va.us ; current e-mail: Emily.pels@dgif.virginia.gov .

CENTER FOR A NEW AMERICAN DREAM (6930 Carroll Ave, Ste 900, Takoma Park, MD 20912) former contact and e-mail: Eric Brown, Communications Director, eric@newdream.org ; current contact and e-mail: Sarah Roberts, Communications Director, sarah@newdream.org .

LEARNER PUBLISHING (241 1^st Ave N, Minneapolis, MN 55401) former contact, phone and e-mail: Renee Weddle, Photo Researcher, 1 800 328-4929, rweddle@lernerbooks.com ; current contact and phone: Tim O’Regan, Photo Researcher, 1 612 332-3344.

THE POSTCARD FACTORY (2801 John St, Markham, Ontario, L3R Y8, CANADA) former contact and e-mail: Gerard Romary, Director of Photography, gerardromany@postcardfactory.com ; current contact and e-mail: September Hall, Director of Photography, shall@postcardfactory.com .

THE CREATIVE COMPANY (123 S Broad St, Mankato, MN 56002) former contact: Bobbie Nuytten, Photo Researcher; current contact: Cathy Tatge, Photo Researcher.

BOATING WORLD MAGAZINE (2100 Powers Ferry Rd, Ste 300, Atlanta, GA 30339) former contact and e-mail: Julie Baker, Art Director, jbaker@billian.com ; current contact and e-mail: Mathew Montgomery, Art Director, mmontgomery@billian.com .

HARVARD COMON PRESS (535 Albany St, Boston, MA 02118) former contact and e-mail: Jodi Marchowsky, Production Editor, jmarchowsky@harvardcommonpress.com ; current contact and e-mail: Abby Collier, Production Editor, acollier@harvardcommonpress.com .

AVALON TRAVEL PUBLISHING (1400 65^th St #250, Emeryville, CA 94608) former contact and e-mail: Deb Dutcher, Production Assistant, deb.dutcher@avalonpub.com ; current contact and e-mail: Stefano Boni, Production Assistant, Stefano.boni@avalonpub.com .

How to Price a Website Photo

Let’s say you like the photos a photographer took of your cat getting its physical at the vet’s, and you want to use three of the pictures in your personal website. What should you pay for the photos?

Web pricing is not as easy as standard pricing. Basically, web use is a relatively new market for both stock photographers and photobuyers, so you’ll find a wide range of suggestions for you on this issue.

Here are mine. 1.) Contract with the photographer for a 6-month arrangement for use of his\her photos on your website. This will give you a foundation to negotiate from for further use.

2.) Barter for the photo(s). Photographers are usually willing to barter.

3.) Get the help of fellow professional photo researchers who have similar websites (Freelancers). Ask the researchers what fee they paid and what arrangements they made. They won’t consider you competition if you choose contacts headquartered a good geographical distance away from you.

4.) You pays for what you gits. If you pay a professional fee, you can likely expect professional customer service.

CONCESSIONS

Should you accept concessions? Sure. If the photographer is willing to bargain with you, tell him you’ll pay a higher fee if he will supply model releases to enable you to use the photos for purposes in addition to your website, such as for promotional brochures for your business. (This now becomes commercial stock photography, unlike editorial photography where you don’t need a model release.)

Another concession: Tell the photographer you will display his\her credit line and website URL in fine print somewhere on your website.

One final word regards what to pay: use the time-tested rule for anything you buy – expect the seller to start high and leave room for concessions to provide a discount for the buyer (you).

. –Rohn Engh

Tax Tips

By Julian Block, Esq.

Is It Just A Wash?

In these increasingly tough times, it is more important than ever for self-employed small business owners 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 sell photos regularly to several magazines. One magazine's 1099 form reports not only the fees they paid me during the year in question, but also includes sums that compensated me for out-of-pocket expenses. Of course this doesn't agree with my records; I don't count those payouts as expenses, since I know that I'm going to get them back -- and I don't count expense checks as income, either; it's just a wash.

Suppose I receive a 1099 form that shows $2,587.53, which actually includes a $2,500 payment for photos and $87.53 worth of reimbursement for telephone calls. It doesn't make sense that I'd have to include the latter amount in totaling my income for line 1 of Schedule C, since it wasn't income.

Want to read more of this article? Go to http://www.photosource.com/researcher/txtct102.html

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Edward Wallowitch. His outstanding editorial photography inspired yours truly in the early 70’s to enter the field and begin selling images to book publishers. Wallowitch passed away some years ago, and his heirs have now decided to offer Wallowitch’s entire collection for sale, to a private collector, museum, or stock library. For more information, contact John Wallowitch, 411 East 51^st Street, #1, NYC 10022 (212) 753-5748; wallowitch@juno.com – Rohn Engh

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"When words become unclear, I shall focus on photographs. When images become inadequate, I shall be content with silence." - Ansel Adams

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.

Joyce McClure

May 13 – June 4, 2005

Iran

Jim Kahnweiler

July 7 – July 24, 2005

Tuscany (Italy), Loire Valley and Ile de France (France)

George Kaczmarek

August 2 – September 6, 2005

Namibia (Africa)

Online

By Bill Hopkins

Typing Style as Password

Researchers at Louisiana Tech and Penn State say that one's typing style is as unique as your eye color or speech patterns. This conclusion is the result of over 5 years of research. The program looks at the time between keystrokes and the time it takes to press a key. Such "biometric" information could be used instead of a password (not recommended for sensitive data) or as an additional layer of security protection (the "two-factor" authentication model). The developers of this technique have reached a licensing agreement with BioPassword, Inc. (www.biopassword.com).

Is Your Car the Next Recipient of an Internet Virus?

Not likely, so far, but it is a sobering thought. Many cars, trucks, and SUVs are rolling off the assembly line with wireless (usually Bluetooth) connectivity to the Internet. And these same vehicles (practically all modern ones with or without wireless) are basically controlled by computer. Sure, you get to push on the gas pedal and manipulate the steering wheel, but there are a lot of electronics under the hood managing such vital systems as the engine, transmission, air bags, antiskid system, steering, throttle, and the entertainment system, not to mention the diagnostics routines. So, is it such a stretch to imagine a wireless virus infecting your vehicle and, well, doing whatever? We've recently reported on cell phone viruses. Yes, they're in the early stages of development, but given the rate of electronic maturation, it shouldn't be too long before they become mature viruses.

Want to read more of this article? Go to http://www.photosource.com/researcher/onlin156.html

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This week's featured photographer on PhotoSourceFolio: Elisabeth Haug

(http://www.photosourcefolio.com)

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SHOOTERS

Profile: Bill Wittman

Address: Mississauga Ontario, Canada

Years in stock photography: 15 years

Specialties: Serving the diverse needs of religious publishers.

Q: What advice would you give a stock photographer just starting out, to find his/her way?

A.: From my experience, the Stock Photographer has to be focused on a primary market, and also work at uncovering/extending to parallel markets. For example, sports images could also be useful to medical/fitness, recreation, women/men/teen, business markets -- probably

several more. For myself I try to extend into Sociology, Psychology and related markets.

Q: What are your target markets?

A: I find that having a mix of periodicals (bread and butter) and textbooks

(higher $s but not as consistent), plus calendars, makes a good/necessary

distribution of customers.

Q: How many publishers do you deal with ?

A: For my business -- I deal with about 50 publishers. 10 represent the bulk - about 75% of sales.

I find it usually takes a couple of years to get on the publisher's "A List" of trusted/consistent suppliers. I work at sending a fresh submission of publishable work every 6 months - 500 plus images. I also call two or more times during the year to 'check-in' -- making sure I am up to date with personnel changes, that my work is still relevant to their upcoming photography needs, and that I’m tuned in to their hard/software changes.

Want to read more of this article? Go to http://www.photosource.com/researcher/shtrs166.html

Goodstuff

ORGANIZE YOUR PHOTOS, With Adobe Photoshop Elements 3, by Michael Slater. Shows you how to use the Organizer, a new timesaving feature that helps you bring order to the hundreds of photos stored on your hard drive. Other features in Photoshop Elements let you produce prints at home, crop images, and design dozens of creations, such as photographic greeting cards, calendars, and albums. (ISBN: 0-321-24696-9; $24.99) 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#0321246969

CREATING SPREADSHEETS AND CHARTS IN EXCEL, Visual QuickProject Guide, by Maria Langer. If you want to make spreadsheets and charts fast and don’t want to get bogged down in the details, then use this Visual QuickProject Guide. (ISBN: 0-321-25582-8; $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 .

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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.

PHOTOGRAPHER RELEASED from U.S. custody in Iraq - Ibrahim was wounded when

gunfire broke out after an explosion Saturday in the northern city of Mosul.

Saleh Ibrahim, a television cameraman working for The Associated Press, was

killed in the same incident.

http://www.usatoday.com/news/world/iraq/2005-04-24-photographer-released_x.htm?csp=34

Doisneau's famous Paris KISS photo goes under hammer. The woman featured in Robert Doisneau's classic photograph of a couple kissing outside Paris city hall will put her original print up for auction, more than 50 years after the shot was taken.

http://news.yahoo.com/news?tmpl=story&u=/afp/20050425/lf_afp/afplifestylefrance_050425135158

When Scott Brown hit his mid-life crisis, he knew exactly what to do. - By

combining his love for NATURE and photography, Brown wrote "Pennsylvania

Waterfalls: A Guide for Hikers & Photographers," The project spanned 35 days

in total, Brown estimates, including 5,000 miles on the road and 250 miles

hiking. http://www.zwire.com/site/news.cfm?newsid=14405783&BRD=2212&PAG=461&dept_id=465812&rfi=6

Kodak Posts LOSS , Citing Costs of Shifts to Digital Photography - The

Eastman Kodak Company, rushing to fortify its digital businesses as

film-based photography wanes, posted a first-quarter loss Friday and missed

Wall Street estimates by a wide margin largely because its makeover is

costing more than expected.

http://www.nytimes.com/2005/04/23/business/businessspecial3/23kodak.html

PRICELESS thinking at the BBC- Photography shapes our world - and our perception of it...

http://www.guardian.co.uk/online/comment/story/0,12449,1468834,00.html

ONREQUEST Images to Be Exclusive Commercial Photography Sponsor of the

Art Directors Club 84th Annual Awards Gala

http://biz.yahoo.com/iw/050425/085262.html

Closer look - Disturbing truths are visible in Diane ARBUS ' photographs,

now featured in a new exhibit in N.Y. http://www.courierpostonline.com/news/living/f042505a.htm

Fotobay.com's Calypso Technology Brings Online PHOTO SHARING to a Whole New

Level of Personalized Experience - This technology sets your imagination

free and brings new dimensions of creativity and fun to experiencing your

photo memories. http://www.creativepro.com/story/news/22822.html

DIGIMARC Enhances Protection of Digital Photographs and Images - Digimarc

MyPictureMarc 2005 delivers new digital watermarking technology, enhanced

digital rights management tracking, online image backup and free visual

watermarking. http://www.creativepro.com/story/news/22812.html

Extreme digital - For SCUBA instructor and underwater photographer Jane

Bowman, believes digital photography has revolutionised her field. With a

digital camera and even beginners can try their hand at underwater

photography. http://www.smh.com.au/news/Livewire/Extreme-digital/2005/04/20/1113854248801.html?oneclick=true

Bug-Eyed Baby Aye-Aye Debuts - Making his public debut last week at the

Bristol Zoo Gardens, Kintana is the United Kingdom's first captive-bred

aye-aye LEMUR --and only the second in history to be reared by humans

http://news.nationalgeographic.com/news/2005/04/0419_050419_ayeaye.html

For Catalogers, E-Mail Promotions Just the Tip of the Iceberg - In Summer

2004, 50% of catalog publishers said that "e-mail PROMOTIONS " were

increasing, up from 29% a year earlier.

http://www.trendwatchgraphicarts.com/fastfacts/fast279.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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## PhotoRESEARCHER Newsletter monthly newsletter is produced by PhotoSource International, Rohn Engh, Director, who is solely responsible for its contents.

For information about PhotoSource International:

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416

Next Month: Court Dismisses Infringement Case