########################################

Key words in this issue: Public Domain | Don't Photograph It | Privacy Suits | Business Counseling | Photo Need

NEWSWORDS: Action | Organize | Wrongfully Convicted | Contest | Darkroom | Van Gogh | Warhol | Sheriff | Photocopies | Digital Cameras |

########################################

## PhotoAIM weekly newsletter for 08/09/03 ## 395B

########################################

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.

########################################

YOU AND THE LAW

`````````````````````````````

No Attribution Needed in Using Public Domain Material

On June 2, 2003, the United States Supreme Court decided that the law does not require that attribution or credit be given to the original creator or source when public domain material is copied.

The case, Dastar Corp. v. 20th Century Fox Film Corp., concerned the repackaging of the Fox "Campaigns in Europe" videotapes which were based upon a 1949 television series and Dwight Eisenhower's book. The Dastar product basically copied Fox's videotapes, adding only a new opening sequence, and making minor changes, while claiming it was the producer of the video, without giving credit or attribution to the series or to the book.

The TV series aired in 1949. The copyright under the 1909 Copyright Act was for 28 years with an additional renewable 28 year extension. Unfortunately for Fox, this copyright for the TV series was never renewed. As a result, the copyright for the series expired in 1977 whereupon the material went into the public domain.

The Supreme Court was called upon to rule whether the failure of Dastar to give credit to the creator of the original series or the book in its use of the public domain material was a violation of that portion of the Lanham Act which prevents the unaccredited copying of a work.

The Court, in reversing the United States District Court and the Circuit Court of Appeals, looked to copyright law. It concluded that under copyright law there is no prohibition from copying a work that is in the public domain.

The Court stated that it "would be no simple task" to determine who would be in the line of origin and would therefore be entitled to attribution credit. In what may become a memorable phrase, the Court said, "We do not think the Lanham Act requires this search for the source of the Nile and all its tributaries."

The Court pointed out, however, that the defendant was not yet off the hook, since the copyright to the underlying book had been renewed. All of this litigation and expense could have been avoided had Fox simply protected its property by renewing the copyright. This is but another example of where a little precaution could go a long way towards protection of rights.

The decision means that, for photographs in the public domain, a user need not give attribution to the photographer. The Court did, however, state that it may be improper to falsify the origin as opposed to just not giving notification of origin.

We may hear more of this on a later date.

########################################

This week's featured photographer on PhotoSourceFolio: Bonnie Sue Rauch:

########################################

KRACKER BARREL

```````````````````````````

Unless it is in a subject area you specialize in…

Don't Photograph It

The most common mistake editorial stock photographers make that leads directly to failure is that they try to be all things to all photobuyers.

Instead, want to quick-start your stock photography business?

Take a tip from successful magazine writers. The successful ones are those who focus on one (or a select few) special interest areas, e.g. genetics, NASA, horse racing, rock groups, etc. Amateur writers, on the other hand, attempt to sell articles on subjects "all across the board" to any and all magazine publishers in the spectrum.

As a parallel, many stock photographers just starting out, take photos of all kinds of subjects and try to sell them in an attempt to pay the grocery bill. In the long run, this approach leads not to more dollars in the treasury, but less.

By scattering their attention across many subject areas, amateur stock photographers aren’t able to collect deep coverage in any specific areas, to offer buyers enough choice in their area of focus. Nor do the photographers develop expertise and knowledge in depth, of specific areas, which can enable them to be a sought-after resource by buyers.

Professionals approach it another way. They take photos only in their field(s) of interest. It may be one field or a half dozen. But seldom more. Since the photographer is already a mini-expert in these fields, there's no 'initial' research to accomplish. Because they have an established track record in the field, and previous photos sales to show for it, gaining entrance, and permission for taking certain photos, when necessary, is only a matter of a phone call. Very often, these specializing photographers come to be on a first-name basis with the persons who give or deny access for photo coverage of events or activity in specific areas.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

"Amateur stock photographers tend to take ‘Sunday’ photos – and at random. Ask yourself, am I taking this photo for sale or for soul..?

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

In contrast, amateurs will take completely different photos each day of the week. On Monday, they cover a museum. On Tuesday, it's a dog show. On Wednesday, it’s photos of a new medical procedure, etc. Time allows only scant research, and the result is surface coverage. A scatter-shot approach like this doesn’t offer much promise to advance your career.

Exceptions would be when you happen upon good photo opportunities while on vacation or a Sunday outing. Include these scattered categories on your website along with plentiful keywords. Allow the search engines to pick up these keywords. (Who knows? Maybe the Internet will help you to discover new prospects and make a match with buyers for these photos now and then.)

Want to read more of this article? Go to: http://www.photoaim.com/cb65.html

BUSINESS NOTEPAD

``````````````````````````````

PRIVACY SUITS work both ways. Barbara Streisand, the singer, objected to her Malibu home being photographed from the air, and sued fellow environmentalist, Ken Andleman, for $10 million. ``I don't need permission to take a picture of her house," Andleman said, "if it is taken from a public place,'' he said. ``And the airspace is a public place.''

"I would say she has zero chance of winning,'' said attorney Terry Francke, of the California First Amendment Coalition in Sacramento. "The law of privacy, even the paparazzi extensions of it, is not about taking pictures of structures. It is about people.''

SHOOTERS

````````````````

The City of Chicago has purchased six of photographer Art Shay's images (for $1000 each) of Chicago life in the 50's. The photos depict the grim hangouts of author Nelson Algren. The images will be used to decorate a new arts center in Chicago.

QUOTE OF THE WEEK

``````````````````````````````

"If your pictures aren’t good enough, you’re not close enough."

–Robert Capa

FREE THIS WEEK

````````````````````````

FREE BUSINESS COUNSELING. SCORE "Counselors to America's Small Business" is a nonprofit association dedicated to providing entrepreneurs with free, confidential face-to-face and email business counseling. Business counseling and workshops are offered at 389 chapter offices across the country.

THIS WEEK'S WEB FEATURE

`````````````````````````````````````````

Keep up with what you need to know in the editorial stock photo industry. Our newsletter PhotoStockNotes will put you on the leading edge.

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

PHOTOGRAPHY IN THE NEWS

``````````````````````````````````````````

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.

Action Photography - You need two things to get good action photos: some basic action-shooting skills, and some knowledge of the activity you're photographing.

My new favorite way to organize digital photos - LIKE MANY digital photographers, I have zillions of images on my hard drive and they aren't terribly well organized. Or at least they weren't until I spent a couple of hours with Image Library.

Call For Entries: Discovery Magazine's Photography Issue -

Seok Languishes In Chinese Prison As Appeals Process Drags On - "China is one of the most frustrating countries I have ever been to," says photographer Nayan Sthankiya, who just spent five days in China lobbying on behalf of imprisoned South Korean photojournalist Seok Jae-Hyun.

Photographer Documents Aunt's Dying Days To Help Others - In early 2000, photographer Gordon Baer began documenting the rapidly declining health of his 94-year-old Aunt Beck as she lay in a Kentucky nursing home. The project began modestly - as a way to provide pictures for his cousin's social work thesis - but when Baer discovered the full extent of his aunt's injuries, some of which were due to nursing home neglect, the photographer realized he was onto something serious.

Artist revived the geese of Regina - Fred Lahrman, who worked as an artist and photographer at the Royal Saskatchewan Museum in Regina, played a crucial role in restoring Canada geese to Saskatchewan after the birds' numbers reached dangerously low levels during the 1930s.

Photo exhibit, book capture portrait of wrongfully convicted inmates - Photos of 45 portraits taken by photographer Taryn Simon for the book, "The Innocents," of wrongfully convicted men -- and one woman – exonerated through DNA evidence.

Flash memory maker unveils monster card - The card is meant to give professional photographers the most storage available for recording high-quality digital images. A high-end 6-megapixel camera equipped with the card can store up to 600 images.

Postcards From China's Industrial Caldron - The weary faces do not show bitterness, but they do seem to say, "This is the underworld of China's miracle, and I exist."

Photography contest to award money - The International Library of Photography announces more than $160,000 in prizes will be awarded this year in the International Open Amateur Photography Contest.

Darkroom demise? Digital photography has some businesses changing focus - For Tony Smith Photography, film is dead. The family-owned business went digital a little more than two years ago. The tide turned unexpectedly for Smith, and he is the first to admit that he thought he would never embrace digital.

The Innocents' exonerated by photography that once betrayed them;

Film of Van Gogh Allegedly Discovered

Warhol Museum Marks Andy's 75th Birthday

Mug shots may be released at discretion of sheriff,

FOI Law requires photocopies, not reprints, of photos

Digital Cameras Go Disposable

########################################

FREE. Find out free products for stock photographers by typing in 'Free' in the Search section of PhotoStockNotes.

Feel free to forward this issue of PhotoAIM to your photographer friends. Photo Need !

########################################

Got a question about legal issues for photographers? Type in the name of our legal expert, Joel Hecker, in the Search section of PhotoStockNotes.

########################################

As a subscriber, you can search back issues of PhotoAIM. On your Web browser go to:

and type in your keyword. (Your password is listed on the final entry of your current newsletter)

To cancel your subscription, send email to:

with "PhotoAIM UNSUBSCRIBE" as the subject line.

########################################

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

To sign up for our newsletter:

For information about PhotoSource International:

########################################

PhotoAIM Archives: http://www.photoaim.com/list/

User name: photosource

Password: hobby

########################################

395B

Next Week: Going Digital