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Key words in this issue: Infringement | Finding Info | Fam Tours | Photobuyer Survey | Klez32 | B & H | Internet Time | Service | Photo Search |
NEWSWORDS: Painters with Cameras | News Photos | Ethics | Travel | Fine Art | Buy Now | Prints | Woman Photographers | Flag Photo | WTC |


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## PhotoAIM weekly newsletter for 06/22/01 ## 381c
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PhotoAIM, the weekly newsletter from PhotoSource
International. <http://www.photosource.com> ==>

ISSN 1530-0511

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WATCH FOR IT! July 4th.
A new Home Page on July 4th celebrates our fifth year on the web.

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If you no longer wish to receive PhotoAIM, see the instructions at the end of this newsletter.
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YOU AND THE LAW
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Distributor Guilty of Copyright Infringement

It is clear that one who copies a copyrighted work may be guilty of copyright infringement.  It is also clear that the distributor of that infringing work may also be guilty of copyright infringement.  A recent decision from the Federal Court of Appeals for the First Circuit has now confirmed that a distributor can also be guilty of such infringement even where there is no determination that the party supplying the work (the actual copier) is guilty of copying the original work.

The case, Juan R. Ortiz-Gonzalez v. Fonovisa, et al., involved musical compositions included in a record album.  However, it is highly pertinent to photography as well.

The defendant in the case argued that they could be guilty only of contributory or vicarious infringement; that is, a secondary infringement, based upon the direct copying of the work by someone else.  Since there was no determination of primary infringement, the defendant continued, they could not be guilty of distributing a work where the supplier had not yet been found to have infringed.

The court rejected this argument.  It looked to the Copyright Act, and in particular, to the sections which grant to the copyright owner the exclusive right to distribute copies of a copyrighted work, which provides that anyone who violates this exclusive right becomes a direct infringer of the work.

Want to read more of this article? Go to: http://www.photoaim.com/legal88.html



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This week's featured photographer on PhotoSourceFolio: Chris Star:
(http://www.photosourcefolio.com)
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As a special service to our PhotoAIM subscribers, we provide you with a fresh, up-to-date list of photobuyers every month. Look for this list every third week of the month, to update or add contacts to your personal Market List. (These changes are not available on our free newsletter, PhotoAimLite.)
CHANGES
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ENSLOW PUBLISHERS, former address: PO Box 699, 44 Fadem Rd, Springfield NJ 07081; current address: Box 398, 40 Industrial Rd, Berkeley Heights NJ 07922-0398.

SANS SERIF GRAPHICS (12736 Heatherford Place, Fairfax VA 22030-7271) contact person J. Nick Davis. Former e-mail: sansserif@aol.com ; current e-mail: sansserif@cox.rr.com .

PUBLICATIONS INTERNATIONAL LTD (7373 North Cicero Ave, Lincolnwood IL 60712) former contact, phone and e-mail: Anton Pav, Associate Acquisitions Editor, 1 847 329-5493, apav@pubint.com ; current contact, phone and e-mail: Doug Brooks, 1 847 329-5387, dbrooks@pubint.com .

J TYLER PAPPAS CONSULTING (150 West 28th St Ste 705, New York NY 10001) former phone: 1 212 982-7500; current phone: 1 212 929-2700.

PICTURE VISION (30 Meadowbrook Rd, Dover MA 02030) contact person Libby Taft. Former e-mail: picturevision@mediaone.net ; current e-mail: picturevision30@earthlink.net .

BILL SMITH STUDIO, former address: 575 8th Ave, New York NY 10018; current address: 450 West 31st St 3rd Fl, New York NY 10001.

CHRISTIANITY TODAY INTERNATIONAL (465 Gundersen Drive, Carol Stream IL 60188) former contact: Janine Petry, Editorial Coordinator; current contact: Steve Gertz, Editorial Coordinator.

MICHELE & TOM GRIMM, Freelance (19315 Pinehurst Rd, Bend OR 97701) former e-mail: m&tgrimm@dbscorp.com ; current e-mail: mtgrimm@bendnet.com .

DESTINATION MAGAZINE (1100 New York Ave NW Ste 1050, Washington DC 20005) former contact and e-mail: Jim Beaugez, Editorial/Advertising Assistant, jbeaugez@buses.org ; current contact and e-mail: Tamika Zaun, Editorial/Advertising Assistant, tzaun@buses.org .

MEYER & ASSOCIATES MARKETING COMMUNICATIONS (588 Broadway Ste 1006, New York NY 10012) contact person Walter Meyer, Photo Editor. Former e-mail: meyerand@idt.net ; current e-mail: sudio@meyerassociates.com .

MOTORTOUR & CRUISER MAGAZINE (1010 Summer St, Stamford CT 06905-5503) former company name: MOTORTOUR & CRUISER MAGAZINE; current company name, fax and e-mail: ROADBIKE MAGAZINE, 1 203 425-8775, info@roadbikemag.com .

PET AGE (200 S Michigan Ave, Chicago IL 60604) contact person Cathy Foster, Senior Associate Editor. Former e-mail: petage@aol.com ; current e-mail: cfoster@hhbacker.com .

FINE EDGE PRODUCTIONS LLC (13589 Clayton Lane, Anacortes WA 98221) contact person Don Douglass, Owner. Former e-mail: fineed@fineedge.com ; current e-mail: don@fineedge.com .

DHI VISUAL COMMUNICATIONS (3055 Cardinal Drive Ste 200, Vero Beach FL 32963) former contact and e-mail: Bonnie Jackson, Accounts Manager, bonnie@thinkdhi.com ; current contact and e-mail: Carl Miller, Accounts Manager, carl@thinkdhi.com .



SIDEBAR
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Finding Crucial Information

One of the most common questions asked by newcomers to editorial stock photography is, "how can I be sure that the publisher/agency I will be sending my original images to isn't going to go bankrupt or get swallowed in a merger and my pictures get scattered to the four winds?"

There are, in fact, several ways that you can check on the stability and business history of a potential market. It takes doing some homework, but it's worth it, to avoid any grief.

Check past editions of reference books or directories such as Photographer's Market and Writer's Market. If a publisher/agency has been listed for at least three years, that's a good indicator they're worth a closer look.

Check out what they publish. With a publisher, look at the kind of publications they're putting out and look at things like quality, number of publications, frequency and so on. With an agency, ask for samples of their printed promo pieces and catalogs. This will show you whether the agency puts a priority on promoting the photographers they represent.

Ask for references and check those references. Any publisher/agency who will not give you at least a couple of references should get crossed off your Market List.

If you've found a publisher/agency who passes your initial research above, but they're not a well-known outfit and you feel you need still more information, you can order a thorough background search. There are several companies which specialize in this. I spoke with Michael Jay, CEO of one such company, America Find, Inc., in Houston, Texas.

According to Michael Jay, it's important that your background search covers the owner of the business as well as the business itself.

Want to read more of this article? Go to: http://www.photoaim.com/sbar1.html



THE WRITER/PHOTOGRAPHER
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"Famming" --What's It All About? Part 1

Q. What's a fam tour?

A. A fam (short for familiarization) tour is a trip for travel writers and photographers organized by a vacation/travel destination area or resort.

For some reason, in our experience, it's harder for photographers to get invited on a fam than it is for writers. So one advantage of being a switch-hitter (write your own article to go with your photos) is that it makes it easier - since fams are either free or cheaper - to get where you want to go.

On a fam tour, you're shown the sights of Luxembourg or Las Vegas or Las Lenas, wined and dined at the best restaurants, put up in the fanciest hotels, and generally treated like the important person you'd always hoped you'd be. On a well-run fam tour, you'll see twice as much in half the time as the average tourist.

Another advantage of fams is that they often include editors who just might want to buy some of your best shots or favorite stories. There's nothing like face-to-face contact, especially in an exotic location and maybe over a really fine meal.

Naturally your obligation on these trips is to produce honest photos and copy - glowing, where warranted, and straightforward reporting of problems or cautions for the traveler, where warranted. Your responsibility is to give your readers a dependable reflection of what they can expect to encounter and enjoy at that destination.

So now you want to know how to get invited on a fam, right?

Next time we'll tell you.

Effin & Jules Older run travel writing and photography workshops at Vermont resorts. They're at PO Box 163, Albany, VT 05820; 802 755-6774, julvt@together.net



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Inside information on digital images, scanning, and submitting digital images to photobuyers is provided by the 2002 Photobuyer Digital Survey Report, from PhotoSource International. To order your copy today (only $14.95 electronic delivery) simply follow this link
http://www.photosource.com/101/survey2.html

"I found the 2002 Survey quite enlightening and an ok value. The most interesting fact was the step backward we seem to be taking regarding digital submissions due to a lack of standards and knowledge among the providers (photographers). Apparently, a number of our brethren do not know what a quality scan is and are pushing art directors/photo editors to a position again of only accepting originals."
-Scott Kemper, photographer, Minneapolis, MN

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ON-LINE
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Klez32: The Answer to, "Are you sending me a virus?"

Yep, it's one of those e-mail viruses (and there are several strains running amok) that sends itself out to folks in one's address book and from other places on the hard disk where it finds e-mail addresses. What it does, among other dastardly deeds, is to use one of those found e-mail addresses as the return address when it sends itself out. Thus, you may be getting a lot of otherwise valid e-mails asking you to stop sending out this virus, when in fact you may never have sent it out! And of course, replying to the e-mail saying you didn't do it only exacerbates the problem, since the receiver of your missive won't (generally) know what you're talking about. Symantec (http://www.symantec.com) will scan your computer for viruses over the Internet for free. P.S. You are keeping your antivirus definitions current, aren't you?

Digital Photo Sourcebook

That's what the folks at B&H Photo are calling their latest catalog. This 382-page catalog covers just about everything related to digital photography. Naturally, B&H sells what it lists, but doesn't include pricing info for everything ("changes too quickly"). Even so, it could still be a good reference for those just starting or just thinking about going digital. The book is free, but there's a $2.95 shipping charge ($10.00 outside USA). To find it on their website, go to http://www.bhphotovideo.com, and on the left-hand side near the bottom, under the B & H Resources heading, click on the B&H Catalogs link.

Internet History

We hear talk about "Internet time," as if time changed to suit the application. Time doesn't change (we'll keep Einstein out of this for now), but our perception of it does. What we're really saying is that the Internet changes so darn quickly it's impossible to keep up. What was there last week (a few hours ago?) could be gone today, and even forever. Well, just like those who collect old computers to help remind us of what it used to be like, there's a place where you can see the Internet as it was before, at least in part. It's called the WayBackMachine, a project of The Internet Archive and Alexa Internet plan to build "...a digital library of Internet sites and other cultural artifacts in digital form." Give it a try at http://www.archive.org (and yes, if you request, they will remove your captured material from their archives). Oh, they also have an interesting viewpoint about The Sony Bono Copyright Term Extension Act of 1998 ("CTEA") here: http://www.archive.org/news/brief.html).

Bill Hopkins is the Webmaster of PhotoSourceFolio* (www.photosourcefolio.com) and a regular contributor to PhotoStockNotes. Send comments via e-mail to wh@photosourcefolio.com. Fax: 1 818 831-0916. (*Display 6 of your own images for photobuyers to view, on your page on the PhotoSource website.) For on-line marketing questions, contact Bill on the Kracker Barrel at www.photosource.com/board.



TREND NOTES
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They Prefer Service

Many publications are beginning to realize that generic clip art (RF) has advantages (money) but it also has drawbacks. Aside from its aesthetic deficiencies and look-alike handicaps, surfing through dozens of clip art images takes time. The photo researcher must spend an inordinate amount of time viewing thumbnails to determine the acceptability of an image.

As the saying goes, "You can always tell a Royalty Free photo researcher by the bloodshot eyes." No doubt, the health care industry will soon come up with jargon to describe the affliction for the eyes similar to carpal syndrome for the hands.

Photobuyers are beginning to realize they can save time (which is also money) by contacting individual photographers or micro agencies that specialize in highly specific subject matter. In other words, "Why not let the photo supplier do the work rather than the photobuyer?" Seems like a normal solution to most problems of commerce. The photobuyer receives not only on-target submissions (without any work), but also prompt service -a rare commodity in the corporate imaging field today. -RE



QUOTE OF THE WEEK
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"He can compress the most words into the smallest ideas of any man I ever met."
Abraham Lincoln




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THIS WEEK'S WEB FEATURE
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Digital cameras and digital imaging are here to stay. To be able to compete in the digital arena, we all need the right information. The 2002 Photobuyer Digital Survey Report from PhotoSource International provides a good chunk of that information, gleaned from more than 500 photobuyers across the country. The responses and insights from these buyers are synthesized into one easy-to-understand report. To order your copy today (only $14.95 electronic delivery) simply follow this link
http://www.photosource.com/101/survey2.html


Watch for developments in the field of stock photography in PhotoAIM'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.

People fret about painters using cameras and photographs as "crutches". But that misses the point. What use artists make of photographs and cameras is the issue.
http://www.nytimes.com/2002/06/16/arts/design/16KIMM.html?todaysheadlines

Fine art photography: An eye for making science attractive; award-winning photographer Felice Frankel turns the black glob into a thing of beauty.
http://csmonitor.com/2002/0620/p16s01-bogn.html

The changing world of news photography: digital photography allows speedy transmission of pictures via phone lines. There's less need for a main press center, since those stories and images can be sent anywhere in the world!
http://story.news.yahoo.com/news?tmpl=story&u=/ap/20020619/ap_wo_en_po/sports_soccer_wcup_empty_media_centers_1

Publishing ethics: Weekly newspaper prints photos from Daniel Pearl execution video
http://www.freedomforum.org/templates/document.asp?documentID=16371

Travel photographers: Your Guide To MuseumStuff - Feature writers are always looking for new travel destinations to write about, especially low-cost locales that can work for a whole family. That's why feature editors have always loved museums.
http://www.editorandpublisher.com/editorandpublisher/features_columns/article_display.jsp?vnu_content_id=1510943

Buyer alert: Nows the time to buy. Digital camera prices plummet
http://www.cnn.com/2002/TECH/ptech/05/02/camera.prices.idg/index.html

Women Behind the Camera: Where?
http://www.wired.com/news/women/0,1540,53209,00.html

Print options to lift digital camera sales - U.S. digital camera sales are expected to grow 30 percent this year, boosted by improved options for making prints, according to a report released Monday by research firm Gartner Dataquest.
http://news.com.com/2100-1040-936776.html

Ordering photo prints: A coalition supported by some of the biggest companies in digital imaging announced Monday an open standard and network intended to simplify ordering photo prints.
http://news.com.com/2100-1040-936692.html

Flag Photo Becomes Postage Stamp - The famous photo taken by Thomas E. Franklin of three firefighters raising an American flag at New York's World Trade Center site on Sept. 11 may be priceless to many, but it's worth 45 cents to the U.S. Postal Service.
http://www.editorandpublisher.com/editorandpublisher/headlines/article_display.jsp?vnu_content_id=1517321



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Position yourself so that photo researchers come to you for your stock photography. It's easy. Join the PhotoSourceBank. Photobuyers use this directory of specific photos and photographers to find the pictures they need.
http://www.photosourcebook.com/bank

PhotoAIM is a collection of excerpts from our monthly newsletter, PhotoStockNotes, available through the web anywhere in the world $3.00 per month. (We now have it available in German.) PhotoStockNotes is also available via postal mail in the USA: $3.00 per month. Outside the USA: $5 per month. >http://www.photosource.com/psnintro.html

Feel free to forward this issue of PhotoAIM to your photographer friends.
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Keep up with what you need to know in the editorial stock photo industry. Our newsletter PhotoStockNotes will put you on the leading edge.
http://www.photosource.com/psnintro.html

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As a subscriber, you can search back issues of PhotoAIM. On your Web browser go to:
http://www.photoaim.com/list
and type in your keyword. (Your password is listed on the final entry of your current newsletter)

To cancel your subscription, send email to:
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with "PhotoAIM UNSUBSCRIBE" as the subject line.
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PhotoAIM weekly newsletter is a product of PhotoSource International, Rohn Engh, Director, who is solely responsible for its contents. Photo Search.
To sign up for our newsletter:
http://www.photoaim.com/order.html
For information about PhotoSource International:
http://www.photosource.com/services.html
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381c

Next Week: Photographer Survey Results

"I very much like the PhotoDaily which has provided me with several very good hits and which I expect to pay for itself."
-William B. Folsom, Photographer, McLean VA