PhotoRESEARCHER
PhotoRESEARCHER Newsletter
for April Week One## 439A

KEY WORDS: | Photo Researchers | Hits | PhotoSourceBANK | Copyright Act | Unjust Enrichment Claims | Payment | Infringement Claim | Critique | Technical Quality | Targeted | Consistency | Style |


NEWSWORDS: | Life Or Death Or Somewhere In Between | Assignments | Another Rodney King Case | Mixed Up | Zooms Gets Better | Learning | Nature Photographer | Wilderness Photos | Templates | From Plain To Pretty | Wedding Pictures Re-Appear | Robot Photos | Venerable Instructor Dies | Clandestine Photos | For Teens | Champ |

 

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:
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PhotoResearcher Newsletter Changes From Monthly Delivery to Weekly Delivery.

      ANNOUNCEMENT

It's still the same newsletter for Photo Editors, Freelance PhotoResearchers and Photobuyers . . .

And it's still the same price to registered subscribers: $Zero.

As you'll see… it'll be shorter in length, but still packed with great information of interest to the photo research community.

Here's the first issue. (We'd love to hear your feedback).

--- Rohn



      PS:      Be sure to put us on your "white list."       eds@photosource.com







The Largest Photo Archive Speciailizing in Bible related Archeology

Zev Radovan

Copyright Infringement Preemption-Revisited

by Joel L. Hecker

As you know, the Copyright Act is a Federal statute which preempts state law claims that fall under its provisions. In other words, one cannot sue for a claim under a different theory if it in fact constitutes simply a claim for copyright infringement.

A recent case had an occasion to revisit this principle. The case, Coles v. Wu-Tang Productions, Inc., brought in the Supreme Court of the State of New York, New York County, involved a songwriter who sued for a share of revenue generated by distribution of his music.

The complaint alleged causes of action for breach of contract, unjust enrichment (defendant obtaining a benefit without proper compensation being made to plaintiff), breach of fiduciary duty, and failure to provide an accounting. The defenses raised included that the claims were preempted by the Copyright Act.

The Court, on a motion to dismiss, permitted all the claims to proceed except for unjust enrichment, which was found to be preempted. The Court explained that since unjust enrichment claims are not qualitatively different from a copyright infringement claim, unjust enrichment cannot stand separate and apart from infringement.

UNJUST ENRICHMENT CLAIMS



The Court further explained that a state law claim is allowable if it includes any extra elements that make it quantitatively different from a copyright infringement action. Unjust enrichment claims have consistently been held not to have any of these extra elements. Accordingly, those claims were dismissed by the Court.

Want to read more of this article? Go to: http://www.photosource.com/researcher/legal143.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.

AQUARIUM FISH MAGAZINE (PO Box 6050, Mission Viejo, CA 92690) contact person: Patricia Knight, Managing Editor. Former company name and e-mail: AQUARIUM FISH MAGAZINE, Aquariumfish@fancypubs.com ; current company name and e-mail: AQUARIUM FISH INTERNATIONAL, aquariumfish@bowtieinc.com .

BILL SMITH STUDIO (450 West 31st St 3rd Fl, New York, NY 10001) former contact and e-mail: Jessica Endelson, Photo Editor, jessiendels@aol.com ; current contact and e-mail: Liaht Pashayan, Photo Researcher, liaht@billstudio.com .

APPALACHIAN MOUNTAIN CLUB-BOOK DEPARTMENT (5 Joy St, Boston, MA 02108) former contact and e-mail: Vanessa Torrado, Senior Editor, vtorrado@outdoors.org ; current contact and e-mail: Brian Davidson, Senior Editor, bdavidson@outdoors.org .

OXFORD UNIVERSITY PRESS (198 Madison Ave 9th Fl, New York, NY 10016) former contact: Laura Nash, Photo Researcher; current contact and e-mail: Judi DeSouter, Senior Art Buyer, judi.desouter@oup.com .

SWEAT MAGAZINE (736 E Loyola Dr, Tempe, AZ 85282) former contact and e-mail: Joan Westlake, Editor, editor@sweatmagazine.com ; current contact and e-mail: Glenn Swain, Editor, editor@sweatmagazine.com .

USA EQUESTRIAN MAGAZINE (4047 Iron Works Parkway, Lexington, KY 40511) former contact: Jennifer Singleton, Production Assistant; current contact and e-mail: Sara Evers, Production Assistant, severs@usef.org .

NATIONAL GEOGRAPHIC TRAVELER (1145 17th St, NW Fourth Fl, Washington, DC 20036) former contact: Jenna Teison, Photography Intern; current contact: Gwen Norman, Photography Intern.

WONDERTIME MAGAZINE (244 Main St, Northhampton, MA 01060) former contact and e-mail: Reesa Mallen, Senior Photo Editor, reesa.mallen@disney.com ; current contact and e-mail: Angelique Merolo, Assistant Photo Editor, Angelique.Merolo@disney.com .

DIVERSION MAGAZINE (1790 Broadway 6th Fl, New York, NY 10019) former contact: Christine Casiano, Photo Editor; current contact and e-mail: Brian Miller, Photo Editor, djmiller@hearst.com .

WHERE MAGAZINE (21200 Erwin St, Woodland Hills, CA 91367) former contact and e-mail: Craig Edwards, Creative Director, craig.edwards@wheremagazine.com ; current contact and e-mail: Stacey Rigney, Creative Director, Stacey.rigney@wheremagazine.com .

JONES PUBLISHING (Box 5000, Iola, WI 54945) former contact and e-mail: Carie Ferg, Art Director, carie@jonespublishing.com ; current contact and e-mail: Stacy Ganzer, Art Director, stacy@jonespublishing.com .

FELDMAN & ASSOCIATES INC (211 Waukegan Rd Ste 200, Northfield, IL 60093) 1. Former contact: Kim Kraichely, Photo Researcher; current contact and e-mail: Martha Hall, Senior Photo Researcher, mhall@feldmans.net . 2. Former contact: Deborah Becerra, Photo Researcher; current contact and e-mail: Jodi Gehrls, Photo Researcher, jgehls@feldmans.net . 3. Former contact: Nora Semel, Photo Researcher; current contact and e-mail: Barbara Barrows, Photo Researcher, bbarrows@feldmans.net . 4. Former contact: Marc Sirinsky; current contact and e-mail: Adeet Deshmukh, Photo Researcher, adeshmukh@feldmans.net .

AVALON TRAVEL (1400 65th St, Ste 250, Emeryville, CA 94608) former contact and e-mail: Amber Pirker, amber.pirker@avalonpub.com; current contact and e-mail: Elizabeth Jang, Elizabeth.jang@avalonpub.com .



Your Lifeline to Images from the Real India!

Sanjay Marathe

 





A Short Cut
For Photobuyers


Photo researchers, art buyers, editors, designers, even everyday citizens, now use Google and other search engines to find hard-to-locate pictures, or photographers who have coverage of the subject area they're interested in.

One way to locate "must find" images with the help of search engines is to utilize the PhotoSourceBOOK and the PhotoSourceBANK.

HINT: To search, you can't just list a single word, like 'cat.' Searchers don't list single words because they know they'll get a million 'hits.' You can't list single or double words, --you have to be specific, with three and four words in a descriptive phrase (unless your subject is so rare that few photographers will have it, such as the name of a certain dog training school in Peru. Don't laugh -we get this kind of request all the time in our marketletter for researchers and photographers, the PhotoDaily).

The PhotoSourceBANK is the electronic partner of the PhotoSourceBOOK, where photographers have entered more than 2,000,000 words and phrases describing the images they have available. The PhotoSourceBANK has been in business since 1999. Back in 1999 and 2000 few people could understand why we were building a databank of text, especially when image-based sites were becoming readily available on the net. But as the amount of images on the Internet grows, the law of diminishing returns takes effect. Searching through scores of images for a particular need can be time-consuming and hard on the eyes!

The search process through text descriptions, in contrast, is automatic, immediate, and precise.

We continue to build the PhotoSourceBANK and our goal is 3 million descriptive phrases referring to available images, by December 2007.

TRY IT

You can try it. Type (in Google) a phrase describing an image that you think would be hard to find

(example: flyfishing in Sweden), and then type the word photosource, in the Google search bar.

Or "vet doing eye exam on dog photosource." (Note the word photosource). You don't have to always use the quotes, but in some searches it narrows the search down quicker.

Try some of your own out-of-the-way selections, the kind only you would have need for.

Then try Getty, Jupiter or Corbis. You won't find such images there. (All you have to type in the address bar is search.photosource.com and the free research service will come up. (No need to type the http://www)

A photo researcher will say, "Why search through thousands of woodpecker shots if what I'm really looking for is a Red Bellied Woodpecker in a hole?"

So the researcher goes to Google and types in:

Red Bellied Woodpecker in hole, then the word photosource.

Presto!

The photobuyer has found the source (the photographer) who has this hard-to-locate image, and it wasn't in Getty Images.

Want to read more of this article? Go to: http://www.photosource.com/researcher/gen739.html

 

 





Note: The following might give you some ammunition when communicating with photographers who don't quite hit the mark.

If I were to write a critique (to a photographer who's enthusiastic but not on target - - )
- - - it would go something like this…


Dear [Stock Photographer]:
You have promise as a photographer. But you would do well to attend to some basics. I’ll come right to the point. Let me tell you what I think about your work.

1. ] TECHNICAL QUALITY. This means not only as applied to the content of your pictures, but also to the scanning quality of your images. Do you realize your scanned images are scratched and have dust spots? Plus, you are not sending images in the format required by our design department. Please pay attention to our requirements. They are outlined on our website.

2. ] ON-THE-MARK. The material you've submitted to us is not TARGETED. These pictures don’t conform to my photo request. I asked for pictures of waterfalls, and you submitted pictures of brooks and streams --"just in case" I might want to see them. My work schedule allows me to view only images that fit my exact need. You are wasting my time!!!

] CONSISTENCY. Your pictures are not cohesive in STYLE. Your images themselves do not have a consistent professional-looking style to them. That is, they do not look like they came from the same photographer. Some are excellent, some superior, and some –poor. Here’s a good way to test the cohesiveness of your pictures --and their professionality.

Want to read more of this article? Go to: http://www.photosource.com/researcher/ed46.html







 




Watch for developments in the field of stock photography in PhotoResearcher's
PHOTOGRAPHY IN THE NEWS

`````````````````````````````````````````````````````
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.

LIFE OR DEATH OR SOMEWHERE IN BETWEEN Just another 10 million images. Time Inc. is slated to end LIFE magazine but keep it online NEW YORK. - Time Inc. said on Monday that it will stop publishing LIFE, the iconic photography magazine that has been featured as a weekly newspaper insert since 2004. Time will make LIFE's collection of 10 million images available online, with "the most important collection of imagery covering the events and people of the 20th century" available for free for personal use, it said. Note: How long will it be before they realize there’s ‘gold in them thar images..”
http://news.yahoo.com/s/nm/20070326/wr_nm/time_life_dc_2

ASSIGNMENTS Getty Images Launches 'Orchard' to Meet Growing Customer Demand for Boutique Assignment Photography - Customers can choose from two distinct services: Orchard Artist Representation, which offers elite, award-winning
photographers for commission based on their style, approach and specialty; and Orchard Global Assignment, which facilitates the commission of talent for projects driven by geographical location.
http://www.creativepro.com/story/news/25304.html

ANOTHER RODNEY KING CASE? Photographer facing trial over crash pics – In this case, it’s not the police that’s the concern but the photographer who took the picture of the police. The photographer, Cavender, has been charged with a
felony offense. Will we see anotrher First Amendment debate?
http://www.mysanantonio.com/news/metro/stories/MYSA032
507.01B.photog_indicted.36d2e7e.html

MIXED UP Photographers mix mediums in nature motif "It's not photography and it's not painting," said Shana ParkeHarrison. "It's made up of performance. It's made up of puppetry. It's made up of photography, sculpture and collages."The married couple incorporates these various mediums in their pictures to communicate a naturalistic theme.
http://media.www.kykernel.com/media/storage/paper305/news/
2007/03/26/CampusNews/Photographers.Mix.Mediums.In.Nat
ure.Motif-2791606.shtml

ZOOMS GETS BETTER. The new universe of lenses for digital photography means zoom lenses are no longer poor cousins to the conventional lenses they replace.
http://news.com.com/Tweaking+the+zoom+lens/2100-1041_3-61
69814.html?tag=newsmap

LEARNING BetterPhoto.com(R) Announces 3rd Annual BetterPhoto Conference
BetterPhoto.com, the worldwide leader in online photography education, today announces its Annual Photography Conference to be held in Chicago at the end of September. Many of BetterPhoto's veteran, professional photography instructors will be on hand to inspire and impart their knowledge of all facets of photography.
http://biz.yahoo.com/iw/070326/0230410.html

NATURE PHOTOGRAPHER Walking a path to beauty Falls photographer visits parks regularly so he never suffers a `nature deficit'. Nature photographs taken by Jim Roetzel have appeared in 1,500 magazines, calenders and books over the years.
http://www.ohio.com/mld/ohio/news/16974346.htm?source=rss&
channel=ohio_news

WILDERNESS PHOTOS Pictopia Launches National Geographic Online Photo Store - Powered by Pictopia, the National Geographic Photo Store Site lets customers purchase art-quality reprints from the world's most amazing wilderness photos captured by the finest international photographers.
http://www.creativepro.com/story/news/25296.html

TEMPLATES StockLayouts Announces Enhanced Bundle for Graphic Designers and Commercial Printers - The Design Kit - The Design Kit contains hundreds of template designs for a wide variety of business types. The five-volume design
collection includes online access to the templates at http://www.stocklayouts.com
http://www.creativepro.com/story/news/25301.html -

FROM PLAIN TO PRETTY Making art from tourists' digital photos - Anderson, a software engineer turned new-media artist, has taken tourist photos uploaded to the Web and turned them into works of digital art.
http://news.com.com/2100-1025_3-6169733.html?part=rss&tag=
2547-1_3-0-20&subj=news

WEDDING PICTURES RE-APPEAR Stolen Camera Found With Pictures Intact - When their photographer's camera was stolen, Karen and Tory Nordlinder figured they'd never have keepsakes of their wedding day. A year later the camera turned up in a vacant lot near a lake.
http://www.nytimes.com/aponline/us/AP-Wedding-Photos-Found.html
?_r=1&oref=slogin

ROBOT PHOTOS iView Collaborates with Getty Images to Automate Pro Photographers' Photo Submissions - "I can't wait to use the Getty Images iView Submission Tool," said Joe Vaughn, a lifestyle photographer. In this business, staying ahead of trends means being first and fast."
http://www.stockphotographer.info/content/view/463/92/

VENERABLE INSTRUCTOR DIES The Passing of a Legend - World-renowned photographer, teacher, and long-time Shutterbug contributor Monte Zucker passed way at his home in Fort Lauderdale, March 15, 2007.
http://shutterbug.com/news/032107monte/

CLANDESTINE PHOTOS Each new version of Microsoft Windows
ships with a bundle of desktop pictures, and their sources are often
shrouded in secrecy.
http://www.pdnonline.com/pdn/newswire/article_display.jsp?vnu_conte
nt_id=1003561818

FOR TEENS Microsoft picks up UK online advertising client
Nielsen//NetRatings classifies Piczo as a photography site. San Francisco (IDGNS) - Microsoft Corp. has reached a deal with Piczo Inc. , a photo-sharing and networking Web site for teenagers, to supply online advertising for their U.K. site, the companies said Monday.
http://news.yahoo.com/s/infoworld/20070326/tc_infoworld/87166_1

CHAMP Roanoke staffer named Virginia news photographer of the year -
http://content.hamptonroads.com/story.cfm?story=121718&ran=1806
87&tref=y


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Hard to find qualified photographers? They're reading our weekly newsletter, PhotoStockNotes. Reach them cost effectively at. . . http://www.photosource.com/psb


Now you can search back issues of PhotoRESEARCHER Newsletter. On your Web browser go to: http://www.photosource.com/researcher/list.html then type in your keyword.


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 Lela LaBree
eds@photosource.com










 

Next Month: Is Thievery A Problem?

 

If you’d rather not receive this kind of e-mail, reply with a <no thanks> and provide us with the original address at which you received the e-mail, so we can ensure your request is handled correctly. Thank you!

 

Promote Your Expertise

YOUR COMPANY provides expertise in ____________ (you fill in the blank). You sell to customers who need the information you can provide. Why not send out a news release about the good job you’ve been doing?

You can connect with 14,744 journalists, editors, wire serves, TV and radio hosts and producers.

At “News Release Wire,” hundreds of journalists have opted-in to receive information and news in the area of ___________. Let them know who you are and what you’ve been doing.

Your expertise will also be profiled in the annual directory: “Media Blue Book.” Typical categories are: freelance media consultant; staff writer Wall Street Journal; photo researcher; photo consultant.

There’s no limit to the number of press releases that you can submit that can be utilized by journalists who specialize in your field.

For more information: www.ExpertClick.com/create or call (202) 333-5000 for personal service. Ask about their 30-Day Free Trial.

 

 

 

 

 

 

 

 

 

 

 

 

 

TRAVELERS ABROAD

Photographers: We broadcast your foreign destinations along with contact information, departure date, length of stay, etc. Contact PhotoStockNotes (1 715 248-3800) at least two months in advance.
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 Rohn Engh (1 800 624-0266). For an expansion of this list: www.photosource.com and press the Travelers Abroad button, to learn of past international destinations of our photographers.

Lyndol Descant
February 1 – June 30, 2007
Paris France

Tamas D. Varga
February 16 – March 8, 2007
South Vietnam

Sergio Burani
March 4 – March 19, 2007
India

Casper Cammeraat
April 29 – May 14, 2007
France
May 16 – June 2, 2007
Suriname
June 24 – August 11, 2007
France

Victor Englebert
May 2 – May 26, 2007
Peru

Juergen Ankenbrand
June 1 – June 15, 2007
Egypt

 

 

 

 

 

 

 

 

 

 

 

 

 

Does Uncle Sam and the IRS love it when you pay more taxes than you should?

Actually, the Feds would prefer that you get professional help in preparing your taxes so that you reduce your tax liability to the lowest possible amount.
Why? Because economists tell us that when we have more money available to stimulate the economy, everyone benefits: merchants, employees, and employers. If more money is circulated, it means more taxpayers are generated. The IRS is not unwise in encouraging you to learn how to reduce your taxes.
A famous jurist once said, “To evade taxes in not legal, but to avoid taxes is your right.”
Self-employed entrepreneurs have a special advantage when it comes to tax reduction. Not only are your home office or studio business expenses legal deductions but also so are your travel expenses in connection with photo research.
Your automobile or air travel, your lodging, not to mention your upgrade to a new computer equipment or software -- these are bona fide expenses. Travel expenses for your spouse, if he or she is employed regularly as an assistant in your enterprise, are also deductible.

HELP IS ON THE WAY

Where do you find help to learn more about the legal tax deductions that you may be missing out on ? Not in the Yellow Pages. Instead, search the web for tax professionals in your local area who deal in the area of what’s called, “intellectual properties.” Also, ask local successful authors, songwriters, artists, -anyone who makes a living in a creative way. You’ll probably hear the name of a particular local tax expert cropping up often. This is the person who can save you possibly thousands of dollars in unnecessary tax expense.
Prepare yourself for big tax savings. For helpful insights read and study our report, The Stock Photographer’s 2007 Guide To Tax Savings. If you’re good at doing your own taxes, this is all you’ll need. Otherwise, read the Guide and then take it to your tax professional and say, “Save me some money!” He or she will take it from there.
For more information on this subject, go to:

http://www.photosource.com/tax/SAVINGS.html

PS: Did you know that you can hire your teenage son or daughter in your photo research business? They can also become a tax deduction for your business, plus earn extra money while learning business skills.

 

 

 

 

 

 

 

 

 

Excellent Images. Excellent Services

Ray Underwood

 

 

 

 

 

 

 

 

 

 

PHOTO COLLECTION FOR SALE

After living a life of travels and adventures for 48 years, Victor Englebert has found himself chained to a computer.
“It’s the plight of many veteran photographers,” says Englebert, of Allentown, Pennsylvania.
He has photographed the world’s humanity, including more than 30 indigenous peoples in some of the planet’s wildest places. National Geographic, Smithsonian, International Wildlife, Natural History, are among his list of clients. He also has authored and published 17 photo books.
But the digitalization of photography changed his life. For nearly two years he has scanned color slides and put them through Photoshop--an exciting new discovery at first. “But the novelty has worn off,” says Englebert. “To escape the computer and buy the freedom to take my cameras back to the wild, I have decided to sell my vast collection of almost 100,000 color slides.”
If there is a museum, university, publisher, or photo agency out there that would like to have a look at this one-of-a-kind collection, Victor would welcome hearing from you. Contact Victor at Viengleb@aol.com – Rohn Engh

 

 

 

 

 

 

 

 

 

 

 

 

 

You feel fine when your research database is in order…not cluttered. How 'bout your work area, or your home? FEEL GOOD!
How To Declutter Your Home Immediately

Click Here!

 

 

 

 

 

 

 

 

 

 

 

 

 

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Did you miss our recent survey that answers the question,
Do editorial photobuyers use Royalty-Free images?
Visit this page to see the results.
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Want to read back issues of
PhotoRESEARCHER Newsletter?

Go to http://www.photosource.com
Cl-ick on the Photo Researcher tab
cli-ck on newsletter
clic-k on ‘past issues’.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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This week's featured photographer on PhotoSourceFolio:
Ken Bullock (http://folio.photosource.com/2762)
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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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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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439A

           


Alex Bussewitz

Garrett Johnson

Nick Rogney

Mitchell Benson