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Key words in this issue: Losing Rights | Single Publication | What’s Marketable? | Compact Flash | Professional Envelopes | Sell Photos |

NEWSWORDS: Ad Revenue | Satellite Photography | Franklin’s Flag | PDF | Kodak Recall | Traditional Photo | Digital Photo Frame | Epson Photo Classes | New Printers | Race Controversy |

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## PhotoAIM weekly newsletter for 09/14/01 ## 384b

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PhotoAIM, the weekly newsletter from PhotoSource

ISSN 1530-0511

If you no longer wish to receive PhotoAIM, see the instructions at the end of this newsletter.

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THE KRACKER BARREL

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Losing Our Right to Photograph in Public

Need the answer to a stock photography question? At our website >www.photosource.com/board< you'll find our Bulletin Board, called "The Kracker Barrel." Check it out. Our staff answers marketing questions; fellow photographers offer their input and experience. The following is a typical exchange.

The following article appeared in a local paper and on the net. Is it just me or does this seem frightening? A photographer asks permission to take a photo then goes on his way. Did he lie? Maybe, maybe not. There are a lot of papers in the SF Bay Area; he wasn't necessarily working for the one weekly in the Pleasanton, CA area where the photos were taken. Besides, how many journalists lie to gain access for a story? Probably every one. 60-Minutes does it all the time -- pretend to be someone else to get pictures, and with a hidden camera, no less. I will frequently tell subjects that I'm taking photos for a publication, because it is my intent to try to sell them to the publication. It seems that now you will need to undergo police interrogation if you take pictures in public for that purpose.

Here's the article that appeared in the newspaper:

Man Poses as Newspaper Photographer

Police in Pleasanton are investigating a strange incident involving a man posing as a newspaper photographer.

Investigators say the man approached two girls, aged 12 and 13, last week at Meadow Park. He said he worked for a newspaper, and took pictures of the children. When the girls told their parents, they became suspicious, and found out that the local weekly paper had no one working in the area.

The man is described as white, about 50 years old, 6 feet tall with a medium build, brown or gray hair and a gray mustache.

Response -- All is not lost, especially in these times of heightened security. The photographer-tested method used by many editorial stock photographers is to select as your models, young people of your acquaintance, such as family members, relatives, fellow employees, and neighbors. Create situations that involve children and photograph them for your clients. The beauty of this method is that you can continue on photographing the children as they grow up. 1) The parents appreciate the "scrapbook" record of their children over the years; 2) you have a good selection of pictures that can easily be model-released if need be; and 3) your photobuyers are happy because you have chosen photogenic children who are at a natural ease in the pictures because they are comfortable being photographed by you. --RE

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This week's featured photographer on PhotoSourceFolio: Kim Karpeles:

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YOU AND THE LAW

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New York Upholds Single Publication Rule for Website Use

The established law in defamation cases, as well as copyright infringement situations, is that the initial publication of a work constitutes a single publication even though the work remains available to read or be seen at a later date. The traditional examples of this doctrine are reuse of books in a library, or magazine or newspaper articles (or photographs) which are sold over the period of their shelf  life. In each of these instances, under traditional law, for Statute of Limitations purposes, the first publication is the important date. It does not get extended each time there is a republication.

The New York Court of Appeals, the highest court in New York, has now extended this doctrine to the Internet. The case, Firth v. State of New York, involved a harsh criticism in a report by the State Inspector General of an environmental police officer. The report was released at a press conference and posted on the State's website. The website was modified from time to time over the next 15 months, but this report remained unchanged.

Since the Statute of Limitations in a defamation action is 12 months, and the plaintiff did not commence the action until 15 months had passed, the Trial Court dismissed the suit.

A FIRST OCCASION

The Court of Appeals upheld the dismissal, while addressing "the first occasion for us to determine how our defamation jurisprudence, developed with traditional mass media communications, applies to communications - in a new cyberspace- in the modern Information Age."

JUST WHAT IS A MARKETABLE PICTURE?

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A Recipe

A QUICK LESSON: To learn the essentials of a good marketable (editorial) picture, use the confirmation that’s in front of you on your coffee table. Pick up a magazine on your table and dissect any of the non-advertising photos that attract your eye. You'll find that they’re bold in design, uncluttered, and with a central point of interest. You’ll find that the point of interest most often is a person doing something. The background is simple in design and doesn’t detract from the theme of the photo. The person is usually engaged with a symbol (icon) of some kind. The photo allows you to "read into" it. You become a collaborator with the author of the picture. The picture often will evoke a mood.

These pointers will help you to design the form of your stock photographs. In art school, they used to tell us that art has both "form" and "content." I’ve given you a recipe for the form, or format, of a marketable picture. The "content" is up to you. That’s the spirit of the picture. Every photographer will see a potential photograph differently and inject a different spirit into it. –RE

PIXEL PALACE

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The Square Peg Into a Round Hole

Green Side Up. That’s the punchline of an old joke, but applies to us digital imagers as well.

CompactFlash cards use Flash technology, a non-volatile storage media that doesn’t lose information when power is removed. It’s noiseless, lighter, consumes less battery power, and is more rugged than the rotating disks used by other digital camera media. How rugged?

At one of my recent digital photography workshops a student couldn’t insert a CompactFlash card into her brand-new Canon EOS D60. I tried gently inserting the card, but it would not seat on the 50-pins inside the camera. I reached for one of the most useful devices in my camera bag-a MagLite penlight-and peered into the dark recesses of the slot. Three of the pins were bent. How do you bend the pins inside a CompactFlash slot in a professional SLR like the D60? With great difficulty as another joke goes, but she proved it was possible to put a card in backwards (or maybe upside down) and in doing so bent the pins. No CF cards in the slot -- pictures.

Yet the cards themselves are tough. My pal, photojournalist Barry Staver, recently removed a pair of pants from his clothes dryer and found a CompactFlash card he used for an assignment. Although the card had gone through a complete cycle in both washing machine and dryer, when he inserted it into the card reader connected to his computer, he saw that all of the image files were intact and ready to go.

ADS WE’VE READ

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SHOOTERS

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An exhibition of photos by Ron Winch, entitled "Raptors, Minnesota's Birds of Prey," is being featured at the Refuge Gallery (Minneapolis) in August and September. The exhibit is in collaboration with the Minnesota Valley National Wildlife Refuge.

QUOTE OF THE WEEK

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"Hell hath no fury like a bureaucrat scorned."

- Milton Friedman

FREE THIS WEEK

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A FREE CORBIS E-CARD. A Corbis E-Card is a way to share a quick thought with a friend. Browse the E-Card collections at http://pix.corbis.com/postcard or search for more pictures at http://www.corbis.com. You can also download digital pictures for your personal use for $3; search at http://search.corbis.com.

THIS WEEK'S WEB FEATURE

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Got a question about legal issues for photographers? Click Here.

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.

Magazine Ad Revenue Dips in August. "The third quarter remains the strongest in 2002, despite the dip in August numbers," said Ellen Oppenheim, Executive vice president and chief marketing officer for Magazine Publishers of America.

Franklin's Flag Photo Still Going Strong to date. The image has raised over $600,000....

PDF Is Becoming More and More Prevalent in All Aspects of Print ProductionThirty-one percent of commercial printers use PDF files from clients as final files for printing, while 36% use PDF files for proofing customer jobs.

Kodak recalls 75,000 digital cameras - Kodak is asking all owners of its DC5000 Zoom camera to stop using the device and to return it to Kodak. Kodak said it had received 12 reports of owners receiving mild electrical shocks while changing the camera's batteries or memory card or connecting its USB cable.

Digital Camera Owners Continue To Visit Traditional Processing Centers - Digital cameras may bring about the end to using film, but so far they're actually bringing in more business to your local photo processor.

Pacific Digital Intros World's First USB Digital Photo Frame – MemoryFrame lets users transfer photos directly from a digital camera anywhere, anytime - and instantly play back a slideshow on its active matrix screen. Does not require a PC, printer, camera memory card or monthly subscription fee.

Satellite photography shows construction at Iraqi nuclear sites

Epson to host photo classes - Printer maker Epson announced it will hold a traveling series of Saturday workshops stating next month to help amateur photographers make better prints from their digital photos.

Roland Unveils Five All-New Inkjet Printers & Printer/Cutters

'Philly Daily News' Ponders Photo Controversy Other Tabloids Agree Race Is Touchy Issue

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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.

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384b

Next Week: The Great Equalizer

"Thank you for your wonderful, practical advice that’s contained in your books and PhotoStockNotes. Having used some of the suggested techniques for the last 3-4 months, I’ve made nearly $500 on just one photo!"

–Brent Bergherm, Photographer, College Place WA