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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.)

Now you'll get better protection...
Supreme Court Establishes New Concept for Copyright Infringement
by Joel Hecker, Esq

The Supreme Court of the United States has established a new theory for holding infringers liable for copyright infringement, based upon a line of cases concerning patents. It relies upon acts of inducement of infringement by others.
The case, Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., decided June 17, 2005 by a unanimous court, involves peer to peer music and video file sharing, but is applicable as well to photography with the emergence of digital peer to peer photo-swapping services.
The question raised before the Supreme Court was under what circumstances is the distributor of a product, which is capable of both lawful and unlawful use, liable for acts of copyright infringement by third parties using the product. In Grokster, the products were free software that allowed computer users to share electronic files through peer-to-peer networks (where users' computers communicated directly with each other and not through central servers).
THE LOOPHOLE
Because there was no central computer server to mediate the exchange of information or files among users, the distributors did not directly infringe the copyrights at issue, nor did they infringe under theories of either contributory or vicarious infringement.
The Supreme Court, in reversing decisions of both the District Court, and the intermediate level Circuit Court of Appeals, found a solution to the huge number of infringing downloads occurring every day, by establishing indirect liability under this theory of inducing copyright infringement.
THE NEW RULE
The new rule, as adopted by the Supreme Court, is that one who distributes a device with the object of promoting its use to infringe copyright, as shown by the clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.
This inducement rule, said the Court, premises liability on purposeful, culpable expression of conduct, and thus does nothing to compromise legitimate commerce or discourage innovation having a lawful purpose.

Want to read more of this article? Go to: http://www.photosource.com/researcher/legal125.html

Where to find them?
I need some shoelaces.

Despite the ease of consumer shopping these days, finding essential items is not always easy. Take the case of the lowly shoelace. You can't do without them. And you need white ones for your sneakers, not black, not plaid, nor leather. You don't feel like walking half a mile through a Wal-Mart. On-line shopping on the Internet would cost you three times the actual price when you add in the shipping. And gas prices make a special trip to the Dollar Store prohibitive.
I can't suggest an easy way out of this dilemma. It's interesting that the same parallel holds true for photo researchers looking for an essential picture for their publishing project.
But on this latter issue I can offer a solution.
Like on a shoe, any ol' shoelace won't do. For the researcher, that "just right" picture can turn a B-minus layout into an A-plus.
The savior in this case is the availability of search facilities on the Internet. Like the improvements in cell phones over the last two years, 'search' on the Internet has improved, also. Using a text search, rather than a picture search, is the simplest answer for the weary photo researcher.
"But are researchers really using text to find pictures?" you might ask.
Not all of them, because not all of them are aware of this fairly recent search method. But the successful researchers are finding out the benefits of this method, and growing numbers are climbing on board.
The top search engines these days seem to be Google, Yahoo and MSN. On your website, if you enter several words, even sentences or phrases, that these search engines can pick up in their frequent 'web crawls' of the Internet, your pictures and essential details will be indexed. In other words, you'll be 'cataloged' like a reference book, just like in your local library. You and your picture descriptions will be identified. And you'll be found.

Want to read more of this article? Go to: http://www.photosource.com/researcher/trnte92.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.

PRONK & ASSOCIATES (200 Yorkland Ste 500, Toronto, ONTARIO, M2J 5C1, CANADA) former contact and e-mail: Kathryn Weinman, Photo Researcher, kathryn@pronk.com; current contact: Christine Elliott.
THE TERRITORY AHEAD (419 State St, Santa Barbara, CA 93101) Former contact and e-mail: Bleu Braaten, Scenic Image Coordinator, bleu.braaten@ttahead.com ; current contact and e-mail: Katee Pendergast, Scenic Image Coordinator, katee.pendergast@ttahead.com .
TEXAS FISH & GAME, contact person, Don Zaidle, Managing Editor. Former address, phone and e-mail: 2350 N. Belt E. Ste 240, Houston, TX 77032, 1 713 705-4377, dzaidle@fishgame.com ; current address, phone and e-mail: 1745 Greens Rd, Houston, TX 77032, editor@fishgame.com .
SERVICE EMPLOYEES INTERNATIONAL UNION (1313 L St NW, Washington, DC 20005) former contact, phone and e-mail: Cynthia Reymer, Photo Editor, 1 202 898-3253, reymerc@seiu.org ; current contact, phone and e-mail: Micki Francis, Photo Editor, 1 202 898-3256, francism@seiu.org .
LERNER PUBLISHING GROUP (241 1st Ave N, Minneapolis, MN 55401) former contact: Val Huselid, Photo Research Assistant; current contact: Nana Twumasi, Photo Research Assistant.
ADVENTURE CYCLING ASSOCIATION (150 E Pine St, Missoula, MT 59802) contact person, Mike Deme, Editor. Former e-mail: mdeme@adventurecycling.org ; current e-mail: editor@adventurecycling.org .
CREATIVE HOMEOWNER (24 Park Way, Upper Saddle River, NJ 07458) former contact and e-mail: Lauren Manoy, Editorial Assistant, lauren.manoy@creativehomeowner.com ; current contact, fax and e-mail: Robyn Poplasky, Photo Researcher, 1 201 934-7541, robyn.poplasky@creativehomeowner.com .
LESSITER PUBLICATIONS (245 Regency Court, Brookfield, WI 53188) former contact: Christopher Nelson, Editor; current contact: Maureen Splitgerber, Editor.
TERRELL CREATIVE, former address: 5900 Parretta Dr, PO Box 34260, Kansas City, MO 64120; current address: 6100 Connecticut Ave, PO Box 34260, Kansas City, MO 64120.

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 Lela LaBree (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.

Don Tibbits August 1 - August 31, 2005 Austria, Bulgaria, Crotia, Germany, Hungary, Netherlands, and Serbia (Europe)

B J Clayden September 7 - September 17, 2005 Zihuatanejo, Mexico October 1 - October 8, 2005 Okanagan Valley, Canada

John Mitchell September 20 - October 4, 2005 Ecuador Vincent Kocher December 1 - 23, 2005 Costa Rica

THOSE HOME OFFICE BENEFITS
by Rohn Engh

As a freelance photo researcher you have the ultimate tax breaks when you operate your business from an office in your home.
How much can you deduct?
An accountant familiar with intellectual properties can guide you in the answer to this question. However, here are some examples of typically allowed deductions:
The IRS allows you deductions for the portion of the house that you use to operate your business. "Business Use of Your Home" is the title of IRS Publication 587. It's a clear explanation of what you can and cannot deduct. Also check out Booklet 529, "Miscellaneous Deductions." Write; log on; or phone the IRS for a free copy: (800) TAX-FORM. (Figure the total square footage of your home, then figure what portion of it that you use as business space.)
Before you established your photo research business, you were unable to use the expenditures in the following list as tax deductions. However, now that you're engaged in an intent-to-make-a-profit activity, you may deduct one-eighth (or 50 percent or 80 percent-whatever your particular setup may be) of these expenses. Get advice from your tax professional as to which of your home deductions would fall under "capital improvement," or normal repair and upkeep expenses. List these deductions on Schedule C when computing your taxable income.
Home repairs; real estate insurance; carpentry; plumbing; masonry; electrical work; roofing; heat; fuel; depreciation; rent or mortgage payment; water; air-conditioning; maintenance; refuse collection; painting; decorating; lighting; fire losses; sprinkler system; burglar alarm system.
TRAVEL EXPENSES
To do your research you may have to travel, in which case these expenditures are legal tax deductions:
Bus; train; boat; airplane; equipment; luggage; taxi; hotel; laptop; motel; meals; passport fee; business tickets.
ENTERTAINMENT
You'll have all the usual business expenses, including taking clients out to lunch. If the meal is business related, 50 percent is deductible. Expenses include: meals; theater; tickets to miscellaneous events; nightclubs.

Want to read more of this article? Go to: http://www.photosource.com/researcher/mrktng28.html

Want to read more of this article? Go to: http://www.photosource.com/researcher/mcard16.html

ON-LINE
by Bill Hopkins

Digital vs. Film
Yes, digital is getting better (and less expensive) all the time. And certainly many pros use digital, some exclusively. But let me share this with you. During the launch of the shuttle Discovery, NASA (which has a pretty big budget) had an unprecedented number of cameras trained on the launch vehicle. Some were on the ground, some in chase planes, and some on the shuttle (and external fuel tank) itself. All this to watch for possibly dangerous debris that might strike the shuttle and/or other anomalies. Do you remember what NASA said when the digital images, which they could review at once, revealed that some foam on the external tank may have come off? (I'm paraphrasing here): "We'll have to wait for the film images to get a really detailed look at it." Take a cue from NASA--when really detailed images matter, think film.

Top Time Wasters
According to a recent survey by America Online and salary.com, the biggest time waster at work is (drum roll) surfing the Internet for personal use. Survey respondents (people actually answered these questions? Oh, I know--they answered them while at work!) reported that of their wasted time (which did not include lunch), over 44% was for surfing the Internet. The next closest time-waster? Socializing with co-workers, which was only about 23%. So, computer use for personal reasons (via the Internet, which would include e-mail, instant messaging, and text messaging to cell phones) would seem to have replaced office water cooler gossip by a significant margin.

Want to read more of this article? Go to: http://www.photosource.com/researcher/onlin160.html

TAX TIP
by Julian Block, Esq.

Q: I'm somewhat proficient in preparing my own taxes, especially when it comes to using one of the available tax software programs, like Turbo-tax or Quicken, to prepare the return. Would a tax professional be willing to check the results over for a reduced rate (vs. the rate charged for complete preparation)?

A: Having the tax professional review your taxes is a good cost-saving idea. This request is not out of the ordinary. Keep in mind, though, you will be expected to do the bulk of the work. So, if you are computer proficient, most tax professionals will welcome this kind of arrangement. All things being equal, the client's comfort level for preparing his/her future tax returns will be more greatly assured. And, unless any remarkable changes/variables enter the picture, the need for professional consultation and/or assistance with tax preparation in ensuing years will be greatly minimized. If there are changes, have your tax professional review that part of your form.

Julian Block, a former IRS agent and a tax attorney, is the author of "The Stock Photographer's Tax Guide." For details on how to purchase this important 32-page publication: http://www.photosource.com/taxtips.php . For Julian's tax saving and tax planning reports, go to http://www.photosource.com/products and click on "2004 Tax Tip Guides." Julian can be reached at julianblock@yahoo.com .

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.

SNAPFISH expands Walgreens photo deal- http://news.yahoo.com/news?tmpl=story&u=/sv/20050829/tc_siliconvalley/_www12505596_1

Retired CEO Turns to 'Organic Macro Photography' to Make a Difference
Amid Wife's FLOWER GARDEN.
http://biz.yahoo.com/prnews/050829/nyfnsb03.html?.v=1

In a Blink of a camera's eye veteran photographer and photo-activist Alex Moh lamented the lack of appreciation for PHOTO ART, making it the poorer cousin of its canvas counterpart.
http://www.nst.com.my/Current_News/NST/Monday/
Features/20050829092304/Article/indexb_html

PhotoSpin Adds August Images - Each month PhotoSpin adds new royalty free
photos, illustrations and fonts to its ON-LINE IMAGE library.
http://www.creativepro.com/story/news/23324.html

Americans Embrace Digital Convenience But Have Yet to Fully Master Digital
Application SKILLS - More than half of Americans surveyed (54 percent) are
using digital technologies to capture and preserve their photos. In fact, 71
percent feel comfortable with the basics of storing, organizing and sharing
their digital photos and videos and they are slowly tackling the more
complex and creative tasks.
http://www.creativepro.com/story/news/23317.html

Design How-To: Take a Layout from Dull to Dazzling - A DESIGN can be well
crafted yet miss the mark entirely
http://www.creativepro.com/story/feature/23310.html

Cell Phone Photography: Keep Your Hands Where I Can See Them - While they
are great for quick news-gathering (such as transmitting photos of storms,
floods, fires, and other disasters) they are also a little too Spy vs. Spy
for me, and by that I do mean covert and SNEAKY , says Michelle Southern
http://www.bellaonline.com/articles/art35080.asp

Striking images seek to impress in photo CONTEST - Traditional breathtaking
landscapes and intriguing digital montages were among the eye-catching
entries in Charles Sturt University's Red Lens International Photographic
Competition.
http://dubbo.yourguide.com.au/detail.asp?class=news&subclass=local
&category=general%20news&story_id=419608&y=2005&m=8

Famed photographer Horst Tappe dies Photographer Horst Tappe, whose portraits of literary and artistic luminaries included Pablo Picasso, Salvador Dali, Vladimir Nabokov and Alfred Hitchcock. http://www.usatoday.com/life/people/2005-08-29-tappe-obit_x.htm

Photography GIANT talks tonight - John Szarkowski, photography director for
New York's Museum of Modern Art, worked with Harry Callahan, Irving Penn and
Ansel Adams. But he has always drawn more satisfaction from being behind the
camera. http://www.dailystar.com/dailystar/allheadlines/90307.php

Photo in the News: Sexy Poster Urges Turtle Conservation - The scantily clad
beauty is the star of a new campaign aimed at protecting ENDANGERED sea
turtles in Mexico. But women's rights groups aren't so sure sea turtles need
Dorismar.
http://news.nationalgeographic.com/news/2005/08/0825_050825_turtle_eggs.html

A bird's-eye view - FLYING 1,000 to 2,000 feet above ground, MacLean takes
photos with a 35 mm Canon camera using lenses ranging from 24 mm to 300 mm
that make us wonder what we're seeing.
http://www.metrowestdailynews.com/artsCulture/view.bg?articleid=107204

PRIZE-WINNING photographer aims high - It wasn't long after Timonium
resident Greg Nickey first picked up a camera about two years ago that he
started coming home with photos that caught his mother's eye.
http://news.mywebpal.com/news_tool_v2.cfm?pnpID=809&
NewsID=655819&CategoryID=5830&show=localnews&om=1

Photographer, pilot, author dies in Albuquerque-
http://www.kvia.com/Global/story.asp?S=3777263