HOW TO SELL ELECTRONIC RIGHTS

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You receive a phone call from a photo editor requesting electronic rights

to your photos, and you respond:

"Let me confirm if I'm understanding correctly: you'd like to take those

pictures I sold you for your textbook, and put them onto a CD-ROM, for a

print run of 3,000 -- and you'd like to know how much I would charge you

for this electronic use?"

There are two major elements to keep in mind in this negotiation. 1.) You

own the pictures, and if the publisher wants to go ahead with the project

and use your pictures electronically, the ball is in your court. 2.) The

long-term relationship with your publisher is important. Over a ten-year

period, you might do $250,000 worth of business with the publisher. You

don't want to jeopardize this by being over-demanding about electronic

rights.

The traditional answer for revisions and reprints in the print format of

a textbook, is to charge 75% of the original fee.

Publishers, of course, would like to avoid this "extra charge" when the

pictures are used for electronic use, such as on a website or a CD. As we

move into the Digital Era, more and more publishers will try to include

"electronic rights" into your original agreement with them. That's why

publishers attempt to rope you into a "Work For Hire" arrangement where

they (not you) own the copyright to the pictures. Only in rare situations

would you want to sign a "Work For Hire" agreement with a book or magazine

publisher.

THE 75% FEE

The 75% fee mentioned above can many times be an acceptable solution,

except that most publishers are hesitant about going into CD-ROM

production and the risk that it involves for them. CD-ROM is not a proven

winner in the education field, mainly because many schools (on all levels)

prefer other teaching tools. The publisher will suggest that you should be

a partner in this enterprise and share some of the risk.

More Creativity Equals More Sales

by David Arnold and Gail Rutman

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Do technically good photos sell? Yes. But photos that are also

creatively composed sell better. The following five books will help you

capture your creativity and, consequently, more sales.

In the introduction to Learning to See Creatively: How to compose

great photographs (Amphoto Books, 1988, 144 pages, $19.95, ISBN

0-8174-4177-8), Bryan Peterson says "My goal as a photographer is to

compose pictures by using only those parts of a scene that are essential."

In this well-written, well-illustrated book, he tells us how to do exactly

that, as well as how to best utilize lenses, light, design elements,

composition, and exposure.

Whereas Peterson goes from the scene to its image, Lee Frost, in The

Creative Photography Handbook: A sourcebook of techniques and ideas (David

& Charles, 2003, 160 pages, $24.99, ISBN 0-7153-1537-4) is concerned both

with how we see the scene and how the viewer sees our image of it:

"Leading the viewer’s eye through a picture from the foreground to the

background should be one of your main priorities when composing, and the

easiest way to achieve this is by using lines to attract and direct their

gaze," he says. He explains how to use such lines effectively, as well as

how to leverage light, composition, focus, color, and other elements.

Tom Grill and Mark Scanlon’s Photographic Composition: Guidelines for

total image control through effective design (Amphoto Books, 1999, 144

pages, $19.95, ISBN 0-8174-5427-6) is more intellectual than the other

books, with in-depth explanations of the why’s of composition, not just

the what to’s and how to’s. One of their interesting and useful points is

to "look at light as a physical element to be controlled. Because light

can produce shadows, [photographers] must decide whether [they] want

shadows to be present and if so, [they] must deal with them just as

decisively as [they do] with every other element present within the

frame."

Freeman Patterson’s subtitle "A visual design workshop" for his book

Photographing the World Around You (Key Porter Books, 1994, 168 pages,

$18.95, ISBN 1-55013-590-2) gives you just that: a book version of the

week-long seminar he’s conducted for many years. Patterson begins with

what he calls "the building blocks of visual design" (light, shape, line,

texture, and perspective), then shows you how to put the blocks together

(dominance, balance, proportion, and rhythm). These are followed by a

section on how to evaluate your photos, and a set of assignments.

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November, 15th is the deadline for

the PhotoSourceBOOK 2004

directory. Read all about it at

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Single sales are good, but...

MULTIPLE SALES ARE BETTER

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BUSINESS NOTEPAD

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FIND IT VIA GOOGLE. Ever need to find a photographer or photo

researcher’s phone number? In the Google search bar, type: "person’s

name"

+ "city" + "state abbreviation." Another way: instead of the person's

name, type in the business or publishing company name. Still

another way: type in the company name + "contact us." Another hint: if

you're looking for the lowest price on a product, type in the model name

or number + "price comparison." -RE

YOU AND THE LAW

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Right to Sue Transferable

The issue of who is required to be the plaintiff in a lawsuit for

copyright infringement was recently expanded in Silvers v. Sony Pictures

Entertainment, Inc. The United States Court of Appeals for the Ninth

Circuit has ruled that a legal or beneficial owner of a copyright can

transfer the right to an accrued cause of action for copyright

infringement while retaining all other rights under copyright, and that

such assignee can sue for copyright infringement.

In plain English, this means a photographer can authorize a stock

agency or other agent to sue for copyright infringement without having to give

up or transfer the underlying copyright. The photographer need not be a

party to the action.

However, another, older case, from 1982, in the Second Circuit Court of

Appeals, which covers New York, Connecticut, and Vermont, Eden Toys, Inc.

v. Florelee, seems to suggest that the Copyright Act permits only the

legal or beneficial owner of a copyright to sue for infringement. The

Silvers court disagreed with this earlier decision. We therefore are

faced with a clear expression of the law which may or may not be followed

throughout the country. The immediate impact of the Silver decision has

been dramatic. Corbis, acting in part in reliance upon this decision has,

as many of you already know, commenced copyright infringement litigation

in its own name, on behalf of photographers, in a wide-ranging attack on

copyright infringement in the celebrity poster industry, including

Amazon.com.

WORKSHOPS

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PHOTOSHOP I, January 12 – 16, 2004. Using the latest version of Photoshop, participants master the basics of navigation, selection tools, image adjustment tools, layers and photo compositing, and filters for interesting visual effects. Tuition $895; Digital Lab Fee: $95. Contact: Santa Fe Workshops, P.O. Box 9916, Santa Fe, NM 87504. Phone: 1 505 983-1400. Web: http://www.santafeworkshops.com .

PHOTOPLUS EXPO, October 30 – November 1, 2003. Jacob Javits Convention Center, New York City, NY. Join the community of photographers, designers, manufacturers, retailers, reps and art directors and get hands-on with new technologies, learn the latest techniques, be inspired by and meet top photographers. Explore over 200 manufacturers and suppliers of photographic capture, storage, output and display equipment and services. For more information go to: http://www.photoplusexpo.com .

GOODSTUFF

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The Art of Bird Photography: The Complete Guide to Professional Field Techniques, by Arthur Morris. Watson-Guptill, 2003, ISBN 0-8174-3542-5, $24.95, 160 pages. Despite the emphasis on bird photography, most of the content in this well-written book is equally applicable to whatever it is you shoot. Morris’ discussion of exposure is one of the best we’ve seen, and for many PhotoStockNotes readers the brief chapter on "Marketing Your Work" can be worth the price of the book. Morris also shares tips on everything from choosing and using tripods and tripod heads, to improving composition and optimizing your camera’s auto focus performance. – David Arnold & Gail Rutman http://www.photosourcefolio.com/bookstoreone.htm#0817435425

HOW TO GET YOUR E-BOOK PUBLISHED, by Richard Curtis and William Thomas Quick. This book covers how to: get your e-book published and distributed; market your work successfully; understand digital rights management; get your e-book reviewed; build a website to promote and sell your work; choose between different delivery formats, including hand-held devices, desktop publishing and print on demand. ($16.99; ISBN: 1-58297-095-5) Contact: F & W Publications, Inc., 4700 E Galbraith Rd, Cincinnati, OH 45236. Phone: 1 800 289-0963. http://www.photosourcefolio.com/bookstoreone.htm#1582970971

WHERE AND HOW TO PHOTOGRAPH WILDLIFE, by Peter Evans. He shows you where to go, how to organize your trip, and how to ensure great pictures. His book is a travel and photographic guide in one. Illustrated with more than 250 of Peter’s own outstanding photographs. ($29.95; ISBN: 1-86108-224-X) Contact: Sterling Publishing Co., Inc. 387 Park Ave S, New York NY 10016-8810. Phone: 1 800 805-5489. http://www.photosourcefolio.com/bookstoreone.htm#186108224X

MAKE YOUR OWN DIGITAL PHOTO SCRAPBOOK, by Roger Pring and Ivan Hissey. This book starts with the basics of good photographic technique, guides the reader to an understanding of digital and conventional cameras, and shows how to link them to your computer. ($19.95; ISBN: 1-58663-712-6) Contact: Sterling Publishing Co., Inc. 387 Park Ave S, New York NY 10016-8810. Phone: 1 800 805-5489.

BEGINNER’S GUIDE TO ADOBE PHOTOSHOP, 2nd Edition, by Michelle Perkins. Beginning with the basics, this book covers scanning, resolution, and file formats. Next, it presents the tools of Photoshop, from making selections, to painting, to adding text. Easy-to-digest lessons show how to make color corrections, retouch images, and how to use layers and channels to optimize images. ($29.95; 128 pages; 300 color images; ISBN: 1-58428-108-1) Contact: Amherst Media, 175 Rano St, Ste 200, Buffalo NY 14207. Phone: 1 800 622-3278. Fax: 1 800 622-3298. http://www.photosourcefolio.com/bookstoreone.htm#1584280719

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November, 15th is the deadline for

the PhotoSourceBOOK 2004

directory. Read all about it at

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TRENDNOTES

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The Industry Is Growing Up

The former knee-jerk reaction to plaster copyright notices and

security watermarks on top of Internet photos is finally retreating. What

were we thinking? In the mid-90's we saw photo columnists advising

Internet entrepreneurs to be sure to protect their images from theft by

placing intricate copyright "watermark" symbols and/or notices atop their

photos. This was not only insulting to the photo but to the viewer as

well, who must have been irritated to be assumed to be considered a

potential thief. (Hardly a way to attract a possible customer.) Now we

see a snappy, vibrant new stock agency coming on the scene that actually

boasts "the industry's largest non-watermarked comp files..." The

internet stock photo business is maturing. To view: Danita Delimont Stock

Photography www.danitadelimont.com, 4911 Somerset Drive SE, Bellevue WA

98006 Phone: (425) 562-1543; Fax: (425) 373-5316.

Danita@DanitaDelimont.com (Save 25% on your first purchase.)

Disposable Art

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From Edward Steichen to Ansel Adams, creative people have long been

attempting to convince the public that their artwork is, well, art.

Collectors have listened. Investors have paid attention. Little by

little, over the decades, the public has been buying.

What of Clip Art Photos? Do they have a place in the annals of art?

Why not? Mass-produced artwork from earlier decades is now beginning to

attract high fees. Example: original artwork panels from early Walt

Disney cartoons such as Snow White. Norman Rockwell, the favorite mid-20th

century American magazine illustrator, appealed to millions of readers

monthly on the covers of the Saturday Evening Post. No one thought of him

as a fine artist at the time, but Rockwell's original illustrations are

now commanding big figures.

We tend to think if artwork is plentiful, it should be disposable, and

therefore not worth much. History has shown us that some "disposable" art

survives. It could happen to "some" of the Royalty Free photos. -RE

FREE Pro Football Decal. Support your favorite football team with a colorful decal you can display most anywhere. Visit this site to see what else they have to offer and register for a

free NFL decal.

http://www.nflwatch.com/friend.htm

PhotoPlus Coverage: Shooting Under Fire - As with any discussion on war

photography these days, the debate centered on embedded vs. unilateral

coverage.

http://www.pdnonline.com/photodistrictnews/headlines/article_display.jsp?vnu

_content_id=2019482

Kodak Exec Says Film Is Not Dead - The death of film has been greatly

exaggerated, at least according to Kodak, who used last week's PhotoPlus

Expo as a platform to get this message across to all those doubting

professional photographers.

http://www.pdnonline.com/photodistrictnews/headlines/article_display.jsp?vnu

_content_id=2019486

Too Young, Too Rich? - Jamie Johnson, a fourth-generation heir to the

Johnson & Johnson fortune, turned his camera on his friends and himself.

"I'd seen so many people who were in my situation and who managed to have

everything going for them, yet still live unproductive lives, and even in

some cases tragic and miserable lives."

http://www.fortune.com/fortune/streetlife/0,15704,539121,00.html

Photographer has a burning love for documenting fire's drama - For the last

12 years Larry Schwarm has roamed the Flint Hills of east-central Kansas,

shooting the prairie fires each spring. His photographs of fire were singled

out from about 500 entries in the inaugural Center for Documentary

Studies/Honickman First Book Prize in Photography.

http://www.herald-sun.com/durham/4-412022.html

Wildlife photographer spending a year in vanishing wetlands - He's

photographed the Yucutan and the Grand Canyon. He's drifted down the

Mississippi on a raft, taking photographs. For his next book, C.C. Lockwood

will spend a year on a houseboat in Louisiana's vanishing swamps and

marshes.

http://www.nola.com/newsflash/louisiana/index.ssf?/newsflash/get_story.ssf?/

cgi-free/getstory_ssf.cgi?n2797_BC_LA--WetlandsChronicle&&news&newsflash-lou

isiana

Photographer has wide-angle profile. He had been a paratrooper with the 82d Airborne Division, so heights were no problem for John McGrail. That's why he asked the maintenance man on the Verrazano Narrows Bridge to let him climb to the top of a tower with his camera.

http://www.philly.com/mld/inquirer/news/local/states/pennsylvania/counties/bucks_county/cities_and_neighborhoods/7159125.htm"

Photography Explorers Rediscover Incan City Near Machu Picchu - Using

infrared aerial photography to penetrate the forest canopy, the team led by

Briton Hugh Thomson and American Gary Zeigler located the ruins at

Llactapata 50 miles northwest of the ancient Incan capital, Cusco.

http://story.news.yahoo.com/news?tmpl=story&u=/nm/20031106/sc_nm/peru_britai

n_inca_dc_1

Images of a changing city: Photographer William Cone captured Newark on

camera -

Beginning with the Blizzard of 1888 when he was 13, Cone took 75,000

photographs, some 14,000 of them on old-fashioned glass plates, in and

around the city during a career that lasted nearly 75 of his 93 years.

http://www.nj.com/living/ledger/index.ssf?/base/living-1/1068273722157240.xml