KEY WORDS : Infringement | Public Properties | Stock Photography | Newspaper Industry | Photo Research | Portal | Direct Download | Grant | Accountant | Track Record | Entrepreneurs | Ofoto | Copyright Protection | Keystrokes | Photoshop CS# | Photoshop Secrets | Training for Adobe | Travelers Abroad | Dennis Cox | ASPP | Imaging Specialist | Cardboard Mailers | Birthday | Envelope Stiffener | National Geographic | Field Guide Digital |

NEWSWORDS: Nagasaki | Negative | Directory | Digital Makeover | Maya | Wildlife
| Sports | Troubled | Album Cover | Digital | Occult | Helsinki | HP | Street | Acdsee |
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	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.)

Dinosaur Fossil Photo Not an Infringement
by Joel Hecker, Esq

Whether one photograph is substantially similar to another photograph, and thus constitutes copyright infringement, is often determined by the various elements involved.
A recent federal Court decision, Psihoyos v. The National Geographic Society, in the Southern District of New York, ruled that there was no copyright infringement in such a situation because two similar images were not "substantially similar" as those terms are defined under the Copyright Act.
The plaintiff, a professional photographer, had created a photograph of a fossil of two dinosaurs that had been uncovered in 1971 in the southern Gobi desert in Mongolia. This was done on assignment as a freelancer for The National Geographic Society ("NGS") in connection with a planned NGS article on dinosaurs.
In order to photograph the fossil, Psihoyos decided to build a display case. He filled the case with sand up to the level of the dinosaurs. The sand was taken from the Gobi desert in order to match the color and texture of the substance which bonded the bones of the fossil to the rocks. The final photograph was then created from an overhead position and showed the fossil surrounded by sand, but not the display case.
NGS decided not to publish the photograph and all rights to it reverted to the photographer. Thereafter, Psihoyos decided to publish a book on dinosaurs, which included this image. In connection with this project, he commissioned a scientific illustrator to draw an illustration of the dinosaurs at the moment of death in the same perspective and position as they appeared in the photograph. During the creative process, the illustrator looked through a number of different dinosaur books to see how others approached the subject.
In 2000, the Director of Photography for the American Museum of Natural History photographed the fossil in connection with a museum exhibit. This picture was also taken looking directly down. Sand had also been added and the resulting image shows the fossil surrounded by sand but not the display case which was a similar layout to that of Psihoyos.
In 2001 NGS selected this image from the museum collection for use in connection with a story on dinosaur behavior it wanted to run. NGS commissioned an artist to illustrate the two dinosaurs as they would have seemed just prior to their deaths, and supplied the museum photograph to him so that the illustrator could match the skeletons' positioning. After publication of the museum photograph and its illustration in the March 2003 issue of the magazine, NGS was sued for copyright infringement.

Want to read more of this article? Go to: http://www.photosource.com/researcher/legal127.html

what's photographable…? Photographing Public Properties

The question often comes up in publishing circles, "Can I use this photo of this property?"

The necessity for a property or model release is dictated by a photo's eventual use. In the case of locations such as the pyramids, the Siq, Jordan biblical sites, or the Minoan palace at Knossos, Crete, whether the photograph depicts the inside or outside of the site, or whether it's the Rock 'n' Roll Hall of Fame or the rock Tombs at Petra, no model or property release is required if the pictures are used to "inform and educate" (editorial use). Only if such a picture would be used for a commercial purpose -- advertising, promotional, endorsment -- would the publisher ever need a release. This would apply to archaeological digs, as well.

The confusion over whether a public object can be photographed and published, most usually comes from persons who arrive at the stock photography industry through the commercial door rather than through the editorial door. Or stems from well-meaning but erroneous advice written by magazine columnists who are unaware of your or their First Amendment Rights.
Persons who have worked in the newspaper industry most of their career, know that model or property releases are not needed if the photo is to be used "to inform or to educate." In contrast, researchers who have worked in the commercial or advertising sector, e.g. corporate, advertising, or graphic art services, know that any photo used for endorsement or advertising purposes always requires a model or property release.

Want to read more of this article? Go to: http://www.photosource.com/researcher/cb82.html

The Lazy Person’s Way to Stock Photo Research Success

In these times of quick digital access, it’s surprising the number of photo researchers who are not taking advantage of it.
First of all, I’m going to ask you to step into the 21st century and quit grumbling about how Kodak and Fuji transparencies no longer cross your desk. Whether we like it or not, the Digital Age is upon us. So, let’s get with the program.
You asked about being able to be lazy?
The Digital Age that you see others experiencing is the key to your newfound workable laziness. Why?
No more: piles of packages of slides and B & W prints, film, light table mix-ups, filing slides in pages and notebooks, humidity problems, sleepless nights worrying about return of original slides to a photographer or a stock photo agency.
If you’ve lasted this long in photo research, then you must be a dedicated person. It’s time to make your dedication move in a new direction:
Digital.
This is where the laziness comes in. It’s that taking advantage of digital technology (gritting teeth and initially coping with the learning curve) telescopes your work time and lets you spend more time in your hammock, or fishing, or etc.
A little history first.
After fifty years of dominating the stock photography field, stock photo agencies are gradually losing their exclusive grip on the industry. In the last century, the agencies were pretty much the only game in town. If you had photo needs for five different subject areas, that meant you put your efforts toward five specialized agencies.
Today, whether you are searching for a ‘general’ subject or ‘specific’ one, it’s now more effective to search for your pictures at an electronic “portal.” And this is where the ‘laziness’ comes in.
Portals are digital stock photo agencies that feature images gathered into a massive collection. They utilize keywords to help photo researchers locate very specific photo needs. Since all the photos are in digital format, you have no worry of picture loss, as you would working with a classic stock photo agency.
More and more researchers are benefitting from the advantages of portals. Photobuyers use the search power of the Internet when they start a search for the photo they need. Using keywords, a photobuyer might land on a series of portals. Each portal has its own keyword search section, so finding the ”just right” picture becomes much easier. In the next decade we are going to see photobuyers working almost exclusively with portals for this reason.
More and more photographers are finding they can load all of their top-notch marketable images into a portal, or portals. There’s no cataloging necessary. Remember, keyword searches find your picture (in seconds), not a visual search.
More reasons photo researchers are jumping on the band wagon using portals: portals are quick, (a photoshopper can browse a portal’s collection swiftly); they offer charge card payment; they offer real time reports on sales to publishing houses and photographers; they often offer direct download (24 hour service); they offer a variety of photographer styles and personalities; they provide fresh, new ideas and trends because their photographers are constantly adding new pictures; they calculate the fee for the photobuyer which eliminates the need for any negotiating; they offer a higher percent of the sale to photographers than most standard stock agencies (more photographers are moving to portals); they are, in effect, an outsource catalog of many photographers’ work.

Want to read more of this article? Go to: http://www.photosource.com/researcher/gen697.html

Give Yourself a Grant

Researchers, songwriters, poets, artists, photographers are able to apply for various grants available for creative entrepreneurs. These grants, of $1,000, $5,000, even $10,000, are usually available through non-profit foundations. The freelancer utilizes the grant funds to further his/her career.
If you have faith in your expertise and your business sense, you’ve probably considered applying for a grant to get you started, or to expand your career.

DO IT YOURSELF

“Why spend all that time meekly filling out papers, when the law of probability says you no doubt won’t win the grant? There are too many applicants,” said my friend, when I asked him how he got established in his photo research business.
I’ll refer to him as Keith.
“I knew I had the energy and enthusiasm and expertise to make a go of it,” said Keith.. That’s the real test. So, I gave myself my own grant.”
“How so?"
Keith smiled, “I said to my wife, ‘Look honey, -it says on this envelope that they’ll advance me $5,000. And it’ll take 5 minutes to fill out.’ It was one of those offers you get from a financial institution every five minutes if you have good credit.
“My wife grimaced,” Keith said.
“This was one of those situations where it really was ‘too good to be true.’ I put the elements together: I had good credit; my credit reports said I was in the 650’s, which is high. I’m business-minded. I know how to budget. I have the courage of my convictions. I’m talented.
“My wife, said, 'O.K. – Go for it.' My accountant said the same.
"It took more than five minutes, maybe ten, to contact the company representative. In one week I had a credit line of $5,000 and a credit card with low interest that I could use to make all my purchases for my burgeoning photography research business."

NOT FOR THE LAZY

“This was the boost I needed to get over the financial hump. When I look back now, applying for a grant, any grant, is simply living on the wrong side of the monetary revolution going on today. My good credit rating was lying dormant. I had a proven track record as enterprising and active. I was involved in something I loved doing. I quit saying, ‘Someday I’m going to get a grant.’ Instead I gave myself a grant!
“When you give yourself a grant like this, you commit yourself to getting the job done. You’ve got to pay back that loan. When you get a grant, that’s not always the case. You can be lazy and continue to procrastinate or indulge in your idle ways.
“Why other emerging business entrepreneurs who have a good credit rating,talent and expertise, don’t look into going this route, 'giving themselves a grant,' I don’t understand.”
Keith: Now they may be more likely to check it out, thanks to your sharing this with us. -RE

Want to read more of this article? Go to: http://www.photosource.com/researcher/gen675.html

ON-LINE
by Bill Hopkins

"I'm Sorry, We Can't Print That"
"Why not?" you ask. The lab technician behind the counter at Wal-Mart (or Rite Aid or similar kiosks or online photo printing services like Ofoto) tries to explain that your photo(s) look too professional. No, they can't quite explain why--they just know--and because of that, they refuse to print your images due to potential copyright violation. While that's perhaps a backhand compliment (after all, you ARE a pro photographer), it can present problems with your every-day photos of family and friends. All this because folks have abused (and continue to abuse) the copyright of professional photographers, and professional photographers have been successful in suing photofinishers for allegedly being lax in their enforcement of copyright protection. We all know the story of so-and-so who doesn't want to pay the price for additional prints from the pro, so they take their prints (or even the proofs) to the quick-print kiosk and print up more copies for pennies each. Cuts both ways, huh? Some ways to avoid this problem is to only take your film or digital media to your regular pro lab, explain to the clerk (may take more than once, and/or discussion with the supervisor) that you are a pro photographer, and perhaps leaving your business card. Sometimes, you can simply sign a waiver that you are the legal owner of the images. Or, perhaps print them on your own photo-quality printer.

Safe Computing Tips
I'm sure you all know about the evils of spyware, adware, and malware. Some of the more notorious include keystroke loggers (that record your keystrokes, like when you're entering passwords and other personal account information), and more recently, screen-capturing programs, all of which attempt to capture your security information and transmit it to a remote server. As web companies move away from the simple "enter your userid and password" to a "click on the screen keypad to enter your PIN," so do the bad guys advance, with malware that instead of logging keystrokes, takes screen shots of your monitor whenever the mouse is clicked. Cat and mouse.

Want to read more of this article? Go to: http://www.photosource.com/researcher/onlin162.html

The Memory Card:
“Photoshop CS2: Put a Trainer on Your Desk”
by David Arnold & Gail Rutman

When it comes to Photoshop, books give informational depth. But training videos give visual depth. You can actually see the images change as the trainer demonstrates particular tools, techniques, and adjustments. The following are what we consider to be the best of the newly released Photoshop CS2 training videos. In addition to the individual features we discuss, all of these packages include files for all the images you’ll see on the screen, so you can work with them as you follow the trainer.
Colin Smith, Photoshop Secrets: CS2 for Digital Photographers, www.photoshopcafe.com, 1 CD, 3½ hours, $54.99; free online demo. Unlike other programs that deal primarily with topics useful to photographers, this is the only one that’s 100 percent photography-specific. The clear interface makes it easy to jump directly to any one of the program’s 43 lessons.
Dave Cross, Photoshop CS2 for Beginners, http://shop.photoshopvideos.com/index.lasso, 1 DVD, 2½ hours, $39.99. Don’t let the title fool you: although everything is presented in ways that seem targeted to beginners, intermediate (and for some chapters advanced) Photoshop users also will learn valuable tips and techniques they didn’t know before. Sophisticated techniques presented in ways that make them easy to understand and use.
Ben Willmore, Mastering Camera Raw, http://shop.photoshopvideos.com/index.lasso, 2 DVDs, 2½ hours, $49.99. Willmore presents both the detailed step-by-step click-by-click manipulations and the overall strategies for getting the most out of your raw images. It lives up to the title’s claim: truly a master class—yet it won’t leave novices behind. Though their content is valuable and well-presented, both Cross and Willmore’s videos suffer from weak and unhelpful interfaces.
Deke McClelland, Total Training for Adobe Photoshop CS2, www.totaltraining.com, 3 DVDs, 21 hours, $299.99; free online demo. If you’re looking for the most comprehensive Photoshop CS2 video program available, this is it. An excellent resource.

Want to read more of this article? Go to: http://www.photosource.com/researcher/mcard18.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.

THE MENNONITE (722 Main St, Box 347, Newton, KS 67114) former phone: 1 800 790-2498; current phone: 1 724 887-8500.
WILDLIFE CONSERVATION SOCIETY (2300 Southern Blvd., Bronx, NY 10460) former contact, phone and e-mail: Jason Watson, Graphic Designer, 1 718 220-7131, jwatson@wcs.org ; current contact, phone and e-mail: Sarah Werner, Graphic Designer, 1 718 220-5875, swerner@wcs.org .
MRM ASSOCIATES, contact person, Mary Rose MacLachlan, Picture Researcher. former address, phone and e-mail: 1541A Maple St, Vancouver, BC V6J 3S2, CANADA, 1 604 642-2516, mmachlach1@shaw.ca ; current address, phone and e-mail: 250 Woodland Drive, Salt Spring Island, BC V8K 1K2, CANADA, 1 250 537-2594, mrmassociates@telus.net .
BEVERAGE WORLD INT (226 W 26th St, 10th Fl, New York, NY 10001) contact person, Andrea Foote, Editor. Former phone: 1 646 654-7714; current phone: 1 646 708-7328.
AMERICAN JUDICATURE SOCIETY, contact person, David Richert, Editor. Former address, phone, fax and e-mail: 848 Dodge #468, Evanston, IL 60202, 1 773 973-0145, 1 773 338-9687, dirchert@ajs.org ; current address, phone, fax and e-mail: 4255 N Marmora Ave, Chicago, IL 60634, 1 773 283-2992, 1 773 283-4993, wolf.enteract@rcn.com .
OUTPOST MAGAZINE, contact person, Chris Frey, Editor-in-Chief. Former address: 474 Adelaide St E Lower Level, Toronto, ON M5A 1N6, CANADA; current address: 425 Queen St W, Ste 201, Toronto, ON M5V 2A5, CANADA.
OKLAHOMA TODAY, former contact, address, phone, fax and e-mail: Louisa McCune, Editor-in-Chief, PO Box 53384, Oklahoma City, OK 73152, 1 405 521-2496, 1 405 522-4588, mccune@oklahomatoday.com; current contact, address, phone, fax and e-mail: Steffie Corcoran, Senior Editor, PO Box 1468, Oklahoma City, OK 73101, 1 405 230-8450, 1 405 230-8650, steffie@oklahomatoday.com .

Watch for developments in the field of stock photography in PhotoResearcher's
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Fifteen photographs of the devastation to NAGASAKI by the U.S. atomic bombing on Aug. 9, 1945 have been found at the house of Texas photographer Mark Rankin. http://asia.news.yahoo.com/051023/kyodo/d8ddn6f00.html

Adobe Digital NEGATIVE Specification Continues to Win Industry Support -
Adobe Systems Incorporated announced that its Digital Negative Specification
(DNG) - an industry-wide initiative to create one unified format for
archiving raw digital images - is continuing to win support from camera
manufacturers and software makers.
http://www.creativepro.com/story/news/23538.html

Adobe Photographers DIRECTORY Expands its Global Reach to Include Thousands
of Pro Photographers - Adobe has teamed up with nearly 20 professional
photography associations worldwide, making it easy to find the right
photographer without interrupting the flow of the overall design process and
providing photographers with a global network to showcase their work and
attract new clients. http://www.creativepro.com/story/news/23539.html

Jury out on Kodak's digital transformation - Halfway through a four-year
DIGITAL MAKEOVER, as its quarterly losses mount, Eastman Kodak Co. has some
analysts wondering if the picture-taking pioneer is headed for a breakup.
http://www.usatoday.com/tech/news/techpolicy/business/2005-10-23-kodak-future_x.htm

An inside lens on MAYA life - To date, the organization, the Chiapas
Photography Project, has worked with more than 250 Maya photographers from
10 different ethnic groups living in and around the highlands city of San
Cristóbal de las Casas
http://www.iht.com/articles/2005/10/23/news/mexphoto.php

Italian Amateur Wins WILDLIFE Photographer Award - An Italian amateur
photographer on Thursday beat 17,000 other entries to win the prestigious
Wildlife Photographer of the Year award.
http://www.planetark.org/dailynewsstory.cfm/newsid/33068/story.htm

Photographer braves conditions - During all or part of 180 days a year,
Schaffrick, who puts in 8 p.m.-4 a.m. police shifts, works as a
photographer. He's regularly hired for advertising and business photos but
70 percent of his work is SPORTS - most well outside the comfortable
confines of arenas and stadiums.
http://www.poughkeepsiejournal.com/apps/pbcs.dll/article?AID=/
20051023/COLUMNISTS09/510230365/1002/NEWS

Images of hope from a TROUBLED community - Boys on scooters, girls on a
playground, a family dog in mid-yawn, a motorcycle whizzing by: Each frame
depicts life as it happens most of the time in Lawrence Heights, as seen by
more than 20 young residents, aged 10 to 15, who have been roving about with
cameras for almost a year.
http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/
20051021/SHADES21/TPNational/?query=photography

A photographer's take: What makes a great ALBUM COVER ? - Wilson describes
his style as seeing "as simply as I can. I am always hoping to make a
simple, beautiful picture." Wilson, who has 300 covers to his credit, shoots
most covers in black and white.
http://news.enquirer.com/apps/pbcs.dll/article?AID=/20051023/ENT07/510230388/1032/LIFE

The wonders of DIGITAL photography
Digital photography has come a long way in the last few years.
http://www.michigansthumb.com/site/news.cfm?BRD=2292&dept_
id=499796&newsid=15441899&PAG=461&rfi=9

The Perfect Medium: Photography and the OCCULT.
http://www.rednova.com/news/health/281029/the_perfect_medium_
photography_and_the_occult/index.html?source=r_health

HELSINKI Photography Festival 2005
Presents new Finnish and British contemporary photography art.
http://www.artdaily.com/section/news/index.asp?int_sec=2&int_new=15286

HP, Intel Take Digital Photography to The STREET
http://www.adrants.com/2005/10/hp-intel-take-digital-photography-to.php

ACDSEE Pro Photo Manager Streamlines Professional Photography
Workflow
http://www.creativepro.com/story/news/23527.html?cprose=daily

New Stock Image Company Announces the Release of 14 MOTION CDs
http://www.creativepro.com/story/news/23529.html?cprose=daily

Next Month: Copyright