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## PhotoAIM weekly newsletter for 07/05/03 ## 394a

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PhotoAIM, the weekly newsletter from PhotoSource

International. <http://www.photosource.com> ==>

ISSN 1530-0511

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

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DO YOU MANAGE YOURSELF WISELY?

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Advance Notes: "Procrastination is the art of keeping up with yesterday." -Don Marquis. Here are some management tips that will help you avoid the dreaded "procrastination."

A reader wrote last month, "I have great pictures, and I know exactly which photo editor’s desk they should be on at this moment. The only thing standing in the way of my seeing my credit line in national circulation is procrastination."

Photography is a business, and by applying the same management techniques that are used by successful businesses, you can move forward in 2003. Here are some self-management principles for the small-business entrepreneur:

GET IT DONE. It’s easy to slip into the habit of narcotizing yourself with the evening news or a sitcom. (I haven’t watched a TV news program since 1995. I rely on weekly news magazines for my information on current issues.) Change your habits in 2003. Buy a $5.95 quartz alarm to beep the same time every evening to remind you and others in your household that it’s "Photo Marketing Time."

SPECIALIZE. Creative people often do themselves in because they are interested in many areas. Choose a select few of your high interest areas and specialize. You’ll become known as a valuable resource to specific photobuyers in these areas.

ASK AROUND. Don’t reinvent the wheel. There’s a goldmine of information waiting for you out there to tap, for example on our bulletin board, The Kracker Barrel. Or, with the entrepreneur next door who’s already been there. He knows the pitfalls and the obstacles, especially if he’s failed. Everyone loves to be an expert. Weigh his opinions against others, and then come to a consensus. If you don’t want to consult a local competitor, phone someone in another similar-sized city that is travelling the same highway.

ELIMINATE THE LOSERS. Take time to analyze what’s working for you and what’s not. Parts of your business are moneymakers, others are not. Don’t let sentiment or the tired phrase, "We’ve always done it this way," drag you down.

Want to read more of this article? Go to: http://www.photoaim.com/gen306.html

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This week's featured photographer on PhotoSourceFolio: Mandi Jubenville:

(http://www.photosourcefolio.com)

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WATCH FOR IT. In October, your PhotoStockNotes will be combined with "PhotoAIM" and be delivered weekly in a choice of three formats: HTML, PDF, and regular text. As we move through the summer months we'll keep you posted on progress.

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FLASHBACK

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1850 – First photograph of a star (other than the sun): Vega, which was made at Harvard College Observatory, Cambridge, Massachusetts, July 17^th, by Whipple, a professional photographer. A 15-inch telescope was used as a camera lens and a daguerreotype plate was set up at the eye end.

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As with all areas of intellectual property, copyright issues in photography often boil down to, "What can I protect?" and "What can I prevent others from using?" But in many ways, photography is unique. In contrast to works of music, literature and other visual arts, photographs contain relatively objective depictions of real world subject matter. Because photographs generally are not created from "whole cloth" -- but include subject matter that is in the public domain, owned by others, or not protected by copyright -- copyright in photographs is often not as broadly protective. In other words, it is "thinner," than other works of art.

A recent decision by the Ninth Circuit Court of Appeals illustrates the limitations in protecting real world elements in photographs ((Ets-Hokin v. Skyy Spirits, Inc., 323 F.3d 763 ((9^th Cir. 2003)). Ets-Hokin was retained by Skyy Spirits to photograph its vodka bottle for advertising. Ets-Hokin delivered three photos, each containing a side-lit Skyy Vodka bottle displayed in front of a plain white or yellow backdrop. Instead of using these images, Skyy hired and used similar images from other photographers. Ets-Hokin sued, alleging that the newer images infringed his copyright.

Initially Skyy claimed that Ets-Hokin had no independent copyright in the images separable from Skyy’s underlying right in the bottles. But three years ago, the Court held that Ets-Hokin’s many photographic judgments made his images sufficiently "original" to be copyrightable.

Although Ets-Hokin won the earlier battle, he recently lost the war. In March, the Court ruled that even though his images had copyright protection, the newer images were not infringing, as a matter of law, and dismissed his lawsuit.

Want to read more of this article? Go to: http://www.photoaim.com/cprgt80.html

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If a photobuyer asks you to put up a lightbox on your site, do you know what they’re talking about and how to do it?

If they want a high res scan in CMYK, can you deliver? Do you know what the standard is for a low res preview? Technology can be a bit overwhelming at times. That is why PhotoSource International has compiled the brand new 2003 PhotoSource International Photobuyer Survey Report.

We've canvassed of a large number of photobuyers for you, to provide the answers to the questions above, and many more. A comprehensive glossary and a "digital problem solver" are two of the new features that are included in this year's survey. You’ll also get free samples of a digital delivery memo and a system for keeping track of CDs you send out. All this for only $19.99! Order today at

https://www.photosource.com/101/survey2003.php

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WORKSHOPS

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AMAZON: GREATEST VOYAGE IN NATURAL HISTORY. Destination dates available multiple times a month. Comfortable boat accommodations; skilled guides. Expedition Length: 9 days. Price from: $2,998 - $3,498 includes International Air. Contact: International Expeditions, One Environs Park, Helena, AL 35080. Phone: 1 800 633-4734. Fax: 1 205 428-1714. E-mail: nature@ietravel.com . Website: http://www.ietravel.com .

ROCKY MOUNTAIN VISIONS: Summit County, Colorado. With leader Karen G. Schulman. September 14 – 19, 2003. Opportunity to capture the elegance and grandeur of 14,000 ft. peaks, fall foliage, high mountain waterfalls, picturesque Lake Dillon and its many sailboats. Tuition: $795, includes opening evening dinner, all field trips, park entry fees, photo instruction, extensive pre-workshop information and materials. Contact: Focus Adventures, P.O. Box 771640, Steamboat Springs, CO 80477. Phone/Fax: 1 970 879-2244. E-mail: focus22@excite.com . Web: http://www.focusadventures.com .

CONTEST

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INTERNATIONAL NAVIES PHOTO CONTEST. Deadline: August 1, 2003. Naval and Maritme subjects from countries other than the United States. Awards: $200 first prize; $100 each two second prizes; $50 each two third prizes. Contact: U.S. Naval Institute, 291 Wood Road, Annapolis, MD 21402. Web: http://www.usni.org/membership/contests.htm .

BUSINESS NOTEPAD

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WHAT'S THIS? KODAK ADMITS FAULT? You've seen it, that disclaimer that comes along with each roll of film that states that if the images are lost or damaged, the customer is entitled only to a new roll of film and the development cost. Well, a man in Potters Bar, a suburb of London, England, took Kodak to task saying the disclaimer had no legal force. Kodak settled out of court in June 2003 for reportedly $10,000, enough for Mark McCarthy to re-do his vacation in the Grand Canyon and Las Vegas. And take another roll of film. –RE

DIGIMARC continues to expand its watermarking techniques for the benefit of stock photo agencies who choose this method of guarding their images against unauthorized use. One stock photo agency says it easily pays for the DIGIMARC annual fee, by tracking down copyright infringers and sending them a bill and a threat of legal action. Digimarc's original patent was issued in June 1997. The company has now produced its 100^th patent. Of interest to stock photographers, this latest innovation can equip an image capture device, such as a scanner or camera, with the ability to apply an image-adapted watermark to scans and photos. (Digimarc, 503/495-4568; lconstans@digimarc.com ).

QUOTE OF THE WEEK

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"Beware the fury of a patient man."

–John Dryden

THIS WEEK'S WEB FEATURE

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The monthly newsletter PhotoStockNotes is power-packed with vital information and guidance for stock photographers. Each month we put on your desk information of top priority for freelance photographers, condensed to its essentials. The eight tightly-written pages of PhotoStockNotes bring you vital facts, data, trends, reports, latest strategies, that you can use, now, in your taking, making, and selling of photographs and in the operation of your stock photography business. For info:

www.photosource.com/psn.

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.

Corbis sues Amazon.com for online photo sales

http://seattle.bizjournals.com/seattle/stories/2003/06/30/daily17.html

Legal battle looms over royal photo ban

http://www.expatica.com/index.asp?pad=2,18,&item_id=32482

Oops: The CIA has suddenly removed from its Web site photos that showed uranium-enriching equipment found hidden in Iraq.

http://www.newsmax.com/showinsidecover.shtml?a=2003/7/1/152906

PETALING JAYA: Those who have old photographs taken in the pre-independence days of Malaya now stand a chance to win attractive prize money and the latest models of Fujifilm digital cameras.

http://thestar.com.my/news/story.asp?file=/2003/7/1/nation/ltfuji&sec=nation

All Commonwealth residents who have a keen eye for photography are invited to enter an internationally acclaimed "2003/04 Commonwealth Photographic Awards" competition jointly organised by the Commonwealth Press Union (CPU) and Commonwealth Broadcasting Association (CBA)

http://www.brudirect.com/DailyInfo/News/Archive/July03/020703/bb03.htm

Simple images and uncomplicated works challenge our relationships with commonplace forms in Beauty and the Mundane, a group show on display through Saturday at Maryland Art Place.
http://www.sunspot.net/entertainment/galleriesmuseums/bal-to.art02jul02,0,1922768.story?coll=bal-features-headlines

A judge has dismissed the lawsuit a woman filed against The Roanoke Times after her bruised face was featured in a front-page photograph that accompanied a report on domestic violence.

http://www.roanoke.com/roatimes/news/story151774.html

NASA Criticized for Botched Photography

http://story.news.yahoo.com/news?tmpl=story&u=/ap/20030701/ap_on_sc/shuttle_investigation_12

Birth of Photography Seen in U.S. Daguerreotype Show

http://story.news.yahoo.com/news?tmpl=story&u=/nm/20030701/lf_nm/arts_daguerreotype_dc_3

Giant Sea Creature Found in Chile-submarine photography,

http://news.lycos.com/news/story.asp?section=CatalogSearch&taxonomy=&storyId=759866

The Women of SETI astronomy's increasing use of photography was causing a gush of new data.

http://story.news.yahoo.com/news?tmpl=story&u=/space/20030626/sc_space/thewomenofseti

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Want to get your stock photography business started right? There's help awaiting you at our site, Stock Photography 101, authored by veteran photojournalist, Mikael Karlsson. You'll find answers to technical questions, tips for successful marketing strategies, legal and copyright information, and much more.

http://www.photosource.com/101

PhotoAIM is a collection of excerpts from our monthly newsletter, PhotoStockNotes (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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Display your photos on your own personal web page on our PSI web site. Visit the PhotoSourceFolio and see how other photographers are displaying their work.

http://www.photosourcefolio.com/

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PhotoAIM weekly newsletter is a product of PhotoSource International, Rohn Engh, Director, who is solely responsible for its contents. Photo Edit !

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