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Key words in this issue: Not Pro? Gentieu vs. Getty | Sunshine | Bill Crane Published | Camera Insurance | ASPP Legal Seminar | Digital Contest | Color Management | Dynamic Dreamweaver | Photo Edit |

NEWSWORDS: Doctored Photo | State Photos | Photos in Court | Photography’s Roots | Nature Class | Pinhole Fun | Nast Wins | Kodak Plugs a Gap | Day in America |

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## PhotoAIM weekly newsletter for 05/17/03 ## 392b

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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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NOT A PRO YET?

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Challenge: Getting your foot in the door to make that first sale.

In today's world, photobuyers at book and magazine publishing companies rarely have face-to-face meetings with their suppliers. There's no need to. If you supply on-target photos – they'll supply checks.

So the "foot in the door" strategy translates to the delivery techniques you use to attract the attention of the photobuyer. As the saying goes, you never get a second chance at a first impression. If you want first-class treatment from a photobuyer, you'll want to give the photobuyer first class treatment by sending him/her a first-class package.

We’ll focus here on delivery by mail. In my thirty years of dealing by mail with buyers, I’ve seen that it’s extremely rare that anything gets lost by the U.S. Postal Service. Other means of delivery – FedEx, UPS, etc. — have good records, too, and are certainly convenient, but they may not be in your budget. U.S. mail does just fine, with some assistance from you.

First of all, don't package your material in brown envelopes (manila, craft, etc.). The color brown connotes third class. You want the photobuyer to think of you and your work as first-class. Use a white cardboard mailing envelope. For add additional support, place a piece of corrugated cardboard inside.

If you're sending slides (35mm is the standard), use the thick non-archival plastic clear-view sheets that snugly hold your slides, not the thin archival plastic sheets with loose pockets that your slides can drop out of. Caption and number your slides neatly and include your name and phone number on each. A computerized label program helps to give a professional look to your transparency mounts.

If you are sending B&W prints, they should be 8" x 10," which is the standard in the industry. It doesn't matter if they are glossy or matte. Insert them in a single 8 1/2" x 11" 3-mil plastic sleeve, available from most plastic bag distributors.

Photobuyers tend to "judge the book by its cover." Their reasoning is that if a photographer submits his/her work in a professional-looking package – (s)he's probably a savvy, hassle-free supplier. Editors don't have time to train anyone or hold their hand through a transaction. They prefer to spend their time photo editing. If your package signals that you are a hassle-free photographer, you will move to the head of the line.

YOUR FIRST CONTACT

If this is your first contact with a photobuyer – your letterhead will have as much impact as the quality of your images.

Consult with a graphics person to design your logo and letterhead. If the cost is too high, use your talents to barter. The graphic artist may appreciate a photo, or a family portrait, in exchange.

Always include your address, phone, fax, and e-mail address on your stationery. If you have access to a laser printer and some graphic clip art, tailor each cover letter to the editor you are contacting. For example, if you're contacting a magazine dealing with horticulture, incorporate a flower design in your logo. A jet airplane would be used for an aviation magazine, and so forth.

It's important that your envelopes, labels, business card and other business forms, also signal 'quality' and 'professional.' By looking like a pro with all of your materials, you'll experience a quicker response from photobuyers

Rohn Engh is Director of PhotoSource International and Publisher of PhotoStockNotes.

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This week's featured photographer on PhotoSourceFolio: !!! **** **** !!!! :

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COPYRIGHT

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Gentieu Loses Claim Against Getty

In Gentieu et al v. Tony Stone Images/Chicago, Inc. et al ("Getty") (00C269, March 26, 2003), the Federal District Court for the Northern District of Illinois dismissed a copyright and breach of contract claim brought by famous baby photographer Penny Gentieu.

Gentieu began photographing babies in 1985 using a technique that made the babies appear as if they were floating in white space without any shadow. In 1993, Gentieu appointed Tony Stone as her agent and, in 1995, Getty acquired Tony Stone.

In 1996, Getty art directors sent a "shoot brief" to Gentieu and other Getty photographers with suggestions for new baby images based upon trends and customer needs. As a result, several Getty photographers created and submitted baby images. Gentieu’s revenue for sales per image with Getty began declining shortly thereafter.

Gentieu sued, claiming that the resulting images were a copyright infringement. She also claimed that Getty’s actions in soliciting similar images from other photographers were a breach of fiduciary duty and a breach of contract. The Court disagreed and dismissed Gentieu’s claims in their entirety as a matter of law without a trial or jury.

CAN'T COPYRIGHT AN IDEA

The Court first dismissed Gentieu’s copyright infringement claim. Because Gentieu "cannot claim copyright in the idea of photographing naked or diapered babies or in any elements of expression that are intrinsic to that unprotected idea," the Court held that her copyright "is limited to protecting against exact replication of her images." [Italics added]

Copyright, the court said, protects the expression of ideas but not the ideas themselves. Copyright "does not extend to the subject matter of the image itself, but instead protects the expression of the subject as contained in such elements of the author’s composition as the selection of lighting, shading, camera angle, background and perspective."

In this instance, however, Gentieu’s white backgrounds, straight camera angles, and sharp focus were not protectable original elements. Rather, the Court considered these features to be indispensable to studio portrait photography and, therefore, unprotectable under copyright law’s scénes á faire doctrine (i.e., scenes that must be done). This doctrine makes it impossible to have copyright protection in standard photographic conventions and devices necessary or standard in a genre. To protect these elements, the Court stated, "would come all too close to granting one photographer a monopoly over all photographs of naked babies on white backgrounds . . . ."

Thus, even though the allegedly infringing images showed babies of similar ages and coloring, using white backgrounds, straight camera angles and sharp focus, they were not "substantially similar" or infringing. For similar reasons the court found that there was no infringement of Gentieu’s photocompositions that contained more than one baby.

GETTY NOT AT FAULT

The Court also found that Getty did not breach its fiduciary or contractual obligations by requesting that other photographers supply baby images. Although Getty was required to act with loyalty and good faith toward Gentieu, there was no evidence that Getty sought to replace Gentieu’s images. The Court found that it is inherent in the stock photography business for agents to solicit similar images from a variety of photographers, and Gentieu knew from the start that the agency represented competitors and was soliciting other baby images.

TRAVEL NOTES

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Timing

Like a lot of things in life, timing is crucial, and it most certainly is to a travel photographer. On a trip in the Australian Outback recently, I had several days of cloudy-bright, then sun-and-clouds weather, and they happened to be when I was in the key places I wanted to shoot. In such a vast area as the state of Western Australia, backtracking to re-shoot for the weather is not a viable option, either in time or finance terms.

So I ended up staying longer in each place than originally planned, waiting for the holes in the clouds and the sun to come through. It was worth it. This was better than the flat light overcast days, which would have meant taking pictures that were just a waste of film. But to confess, I have taken a few frames even so, in absurd optimism and out of frustration, knowing full well that they are unsellable. Irrational maybe, but it helps at the time!

INSTANT SUNSHINE

Avoiding the sky in the shot where possible is another way of making a trip seem like it was shot in constant sunshine, as a cloudy sky is a giveaway and reduces sales potential. (Nice puffy clouds, though, can give a picture an added dimension.) Find angles that exclude the sky; maybe not the best solution but at least it will push you into trying a different approach.

Plan your trip in as much detail as you can, easy to do for anywhere in the world with the Internet, using a search engine such as Google. But never allow 'Plan A' to totally dictate, as better things or glitches can come along. Be prepared to change and go on to 'Plan B.' Flexibility is a great asset for any travel photographer.

This can add time and lengthen a trip of course, which is one outstanding reason why the life of a travel photographer is very different from a travel writer who makes notes and moves on. The latter can see a place in pouring rain, then add loads of brilliant sunshine with words later. If only I could do that with pictures!

Happy Shooting!

SHOOTERS

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One of Bill Crane’s images--"Philadelphia From Art Museum," was chosen for three separate retail products to be sold at the new Constitution Center opening in Philadelphia on June 1st 2003.

BUSINESS NOTEPAD

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CAMERA EQUIPMENT INSURANCE as well as computer equipment insurance can often be included in your household insurance. But because of nearly three years of the economy's bear market, and the losses insurance companies historically experience with homeowner's insurance, many insurance companies are not renewing homeowner's insurance for customers who have submitted several claims. The way to keep in the good graces of your insurance provider and avoid their "three claims and you're out" policy, is to hold back in declaring a claim when you can afford to. In other words, you pay the loss yourself on the small claims. You can also lower the cost of your premiums by increasing your deductible from, say, $500 to $1,000. If your auto insurance company also offers home insurance, buy your homeowner's from them. They'll be less likely to send you a "non-renewing" notice. If you do get a "non-renewal" notice from your insurance company, you can find out the reason why at this website: < www.consumerdisclosure.com > ( 800 456 6004 ). –RE

WORKSHOP

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CONTESTS

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GOOD STUFF

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PHOTOGRAPHIC LIGHTING SIMPLIFIED, by Susan McCartney. Starting with equipment as basic as a garage light and tripod, Photographic Lighting Simplified shows readers how to build their studio piece by piece acquiring the right mix of hotlights, flashes, strobes, and accessories. ($19.95; ISBN: 1-58115-256-6; 176 pages) Contact: Allworth Press, 10 E 23rd St, Ste 510, New York NY 10010.

QUOTE OF THE WEEK

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"What is written without effort is in general read without pleasure."

–Samuel Johnson

FREE THIS WEEK

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THIS WEEK'S WEB FEATURE

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Visit the PhotoSource International homepage! Nearly seventy different sections with all the information you're looking for await you.

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.

Brian Walski Discusses His Doctored Photo - Walski spoke at length to PDN senior editor David Walker about what he did, how he feels about his actions, and what his plans are now.

Photographer Travels Minnesota Looking for "Minnesota" - Little Falls photographer Mike Jensen spent 21 days traveling the state and taking pictures of the word "Minnesota" displayed in every one of the state's 87 counties.

Deputy Coroner Cleared in Ohio Photo Case - - An appeals court Friday threw out the conviction of a former deputy coroner found guilty along with a commercial photographer who took pictures of bodies in the county morgue.

Photography's lost ancestors laid bare

Nature photography class offered

Fun with pinhole photography

Conde Nast Traveler Wins National Magazine Award for Photography

Austin Buys Austin-Grown Photo Technology Eastman Kodak is making a move aimed at plugging a gap between photography's old and new ways of capturing images.

Recording Another Day in America, Aided by Digital Cameras

ANWR Photos Get Cool Reception From The Smithsonian - After photographer Subhankar Banerjee spent fourteen months in Alaska's Arctic National Wildlife Refuge (ANWR) the Smithsonian Institute offered him a prestigious exhibition in its National Museum of Natural History. But on March 19, California Democrat Barbara Boxer, a vocal opponent of oil exploration in the ANWR, held up Banerjee's photos on the Senate floor as evidence that the refuge was not an uninhabitable wasteland, as drilling proponents argue. The Smithsonian, which does not take advocacy positions, was clearly spooked by Boxer's comments.

The Streets Where We Live New Museum Honors the Real Washington - To some, Washington is a political parade of the Adamses, the Lincolns, Douglasses, the Roosevelts and the Kennedys. To others it is a photogenic ...

Turn your photos into full-scale panoramas -

Total Skin Photography Spots Cancerous Moles Early - He is a biomedical photographer who performs total skin photography, a procedure that is designed to catch suspicious moles early.

Photographer 'raped naive young models' - A photographer raped and sexually assaulted young models at his home after bullying them into posing naked or scantily clad, a court was told yesterday.

After 77 days, reporter, photographer return from war in Iraq – Mortenson and Palmour spent most of those 77 days "embedded" - living, eating and "occasionally" sleeping side by side - with Marines from Camp Pendleton's 3rd Battalion, 1st Marine Regiment, who helped lead the U.S. invasion of Iraq.

Total Skin Photography Spots Cancerous Moles Early Doctors Can Compare Color, Size Over Time

Atlantic Monthly, New Yorker Win Awards - The Atlantic Monthly and The New Yorker came away with multiple National Magazine Awards this year, along with a surprise winner - Time Inc.'s Parenting. The highest honor for photography went to Conde Nast Traveler.

Hope for freedom at Daegu festival

Judging for photography competition held

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392b

Next Week: David or Goliath?