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Key words in this issue: Stock Photo
NEWSWORDS: GOVERNMENT CONTRACTORS | GETTY IMAGES | PICASA | DIGITAL PICTURES SURVEY | POLAROID | ORGANIZE ,
MANAGE | NIKONET | MR. SPOCK |
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## PhotoAimLite monthly newsletter for May ## 404
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PhotoAimLite, the monthly newsletter from PhotoSource
International. <
http://www.photosource.com> ==>ISSN 1530-0511
If you no longer wish to receive PhotoAimLite, see the instructions at the end of this newsletter.
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Models' Suit for Anti-Trust Price Fixing Survives
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Many photographers have, of course, utilized the services of professional models. Fees for their modeling services necessarily impact on the total budget and often indirectly affect the amount available to meet the photographer's budget for fees and expenses. A recent case was commenced in the United States District Court for the Southern District of New York, by a class of professional models against substantially all of the model agencies in New York. The case, Fears v. Wilhelmina Model Agency, Inc. (and other model agencies), alleged various anti-trust violations including collusion as to the parallel fixing of agency commissions charged to the models.
In a recent decision, the Court, on a motion for Summary Judgment, refused to dismiss this one count, finding sufficient evidence to present to a jury.
In particular, the Court found extensive evidence that the model agencies switched their business model from employment agencies to one of model management agencies in order to avoid a New York statute which limits employment agency commissions to 10%. It further found extensive evidence of agreements between the agencies on various components of their businesses, such as client service fees, holiday closing schedules, cancellation policies, and penalties assessed against agencies who attempted to hire models represented by other agencies. The Court found that, taken together, this body of evidence "may reasonably be inferred to demonstrate an industry inundated with collusion."
One claim that was dismissed concerned collusion on fees charged to clients (who in some instances would be photographers). The Court ruled that the models had no standing to challenge this practice since they were not directly harmed.
The agencies continue to deny any wrongdoing and the case will eventually go to trial if not settled.
Attorney Joel L. Hecker lectures and writes extensively on issues of concern to the photography industry. His office is located at Russo & Burke, 600 Third Ave, New York NY 10016. Phone: 1 212 557-9600. E-mail:
HeckerEsq@aol.com.
Digital A Cautionary Tale
Digital photography for travel should be great, but it's not all its cracked up to be. There are huge pitfalls, and Ive just fallen into one.
Having learnt in just a few months how good digital can be for low light and night shooting, I only really intended to use my Fuji S2 Pro for these occasions. But on the way from the UK to Australia I shot a fair amount on the flights, at the airports and in Brisbane at night in the streets. Then we flew to Perth in Western Australia where I had been invited to photograph the Vasse Felix winery, the original Margaret River operation and the start of its wine industry.
I tried to switch on the Nixvue Vista portable hard drive Id bought for the trip, but it wouldnt function. As I had only got it the day before flying Id had no time to play with it but had already downloaded around 250 images from CompactFlash cards.
Locating the Perth distributor for Nixvue, C R Kennedy, Nick there couldnt repair it but sent it to Singapore to be fixed and the images rescued. Having bought this device as a professional tool I am more than disappointed that it failed so badly and so quickly.
Reliability is fundamental to any photographer, to a travel professional it is vital. I had intended downloading everything to the Nixvue but would not be able to from here on.
Not Yet
Then it hit me, a bolt from the blue: just get the images copied onto CDs in a computer shop, which I did at the first opportunity. This makes the Nixvue redundant now, and if I had thought it through I wouldnt have bought it in the first place! Photography has been round using film for about 150 years, but digital is probably at the Model T stage when compared to auto development. One day it will be reliable enough, but not yet.
I will still go on with digital, but viewing it with caution about its reliability. Film is comparatively simple and I believe we have been tempted into digital by overzealous manufacturers eager to shift product. Film is tactile, I can hold it in my hand, and once processed it is impervious to airport security x-rays, the bane of all travel photographers worldwide. I need a lot of convincing about digital after this episode, before I use it as my sole medium.
Happy Shooting!
Jeremy Hoare is a freelance travel photographer residing in London, England. Phone/Fax: +44 20 7722 2065. E-mail: jeremyhoare@hotmail.com. <Web:
www.travelwriters.com/jeremyhoare>.Travel photographers will find profitable information in the newsletter, TravelWriter Marketletter, published by Mimi Backhauser. For info:
mimi@travelwriterml.com . Ask for a sample to be sent to you.
PORTRAYING PEOPLE
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with Mary Ellen Mark. June 12 13, 2004. This workshop will explore the various possibilities for making a portrait that conveys the essential characteristics of the subject. Cost: ICP members $380; non-members $405 + registration fee $30. NON-SILVER PRINTING: ALTERNATIVE PROCESSES, with Jill Enfield. August 12 15, 2004. With the use of fine quality papers, hand-applied emulsions, and simple technology, early photographic processes present a compelling alternative to the silver print. Cost: ICP members $400; non-members $425 + lab fee $65 and registration fee of $30. Contact: International Center of Photography, 1114 Ave of the Americas @ 43rd St, New York, NY 10036. Phone: 1 212 857-0001. Web:
http://www.icp.org .Who Are The Thieves?
Once a year, it seems, a question about thievery on the Internet comes up. As I've written before -- thievery on the Web is certainly possible. With today's software capabilities, it's possible to 'res up' a 72 dpi image to 300 dpi with excellent results.
So, technically it's possible to "steal images" by capturing small images on the Web and increasing their resolution. In my book, sellphotos.com, I give some examples of misguided improper use of photos.
One example: A commercial printing company executive used a previously published photo from the company's digital file for unauthorized use in a commercial brochure. The photographer took him to court. And rightly so. But the infraction was a mistake -- not outright thievery.
As we rush pell-mell along in the new Digital Age, of course some honest mistakes are going to be made. We're all entitled to a few of those.
NOT OUR PHOTOBUYERS
However, since the emphasis at PhotoSource International is on editorial stock photography, not studio pictures, not commercial stock photos, we should keep in mind just who we are apprehensively thinking may steal a photo. Our markets are books and magazines. And relax: photobuyers at book and magazine publishing houses don't steal photos.
Nor do commercial art directors. The negative fall-out would be too damaging. But as I say, commercial photography is not our bailiwick. We have a greater advantage being editorial stock photographers-- we produce pictures that can easily be identified because of their uniqueness. We need to examine whether we're putting too much worry into a concern that does not deserve it.
A rare few early mistakes have been made as everyone gets introduced to the Digital Age. This has been a learning process for executives and printing company personnel as well as the general public, who are now learning the benefits of the Web. Eventually ignorance on appropriate handling of photos will diminish.
You won't find your photobuyers at publishing houses and magazines exhibiting such ignorance.
LURKING IN CYBERSPACE?
But the question is... "Is thievery rampant, or even existent, on the Web?"
Ever since photographers began realizing that it's possible for someone to "borrow" an image from the Web, I've heard warnings from my fellow camera columnists that thieves are lurking in cyberspace, waiting to steal your photos. Certain pros in our industry often perpetuate the myth at seminars and camera club meetings. They warn that photographers should beware, and that they should not expose images on the Web unless they are so tiny that someone could not profitably make use of them.
Look. A photobuyer who likes his or her job, is not going to jeopardize their good name and that of their company by lurking in cyberspace to steal images from vulnerable stock photographers. It's just not happening.
Sure, there may be the rare exception. But that kind of thievery was happening before the Digital Age came along. A certain percent of the population is going to be stealing things, no matter what kind of lock you put on it.
Ask yourself, "What are you putting your images on the Web for?" It's to expose them to the buying public. If you hide them or make them too tiny and ineffective, you are sacrificing a major marketing channel.
When I hear reports of stolen images, I ask the persons for documentation. The informants seldom come forth. When they do -- it turns out that a cub scout organization, church group, non-profit newsletter, foreign newspaper, or industrious teen-ager, is the culprit.
So What?
Should we put in barriers to entry to potential buyers by installing a firewall or elaborate registration system? Few of us can afford time spent on paranoia or money on expensive deterrent software. Nor can we afford to have photobuyers, when they encounter these barriers, move on to the next photo supplier.
I have said this often: "Please let me know (with documentation) where a professional photobuyer in the United States has purposely stolen someone's image. No hearsay please, I need documentation." (This refers to the U.S. because of the familiarity of our rules of Copyright, etc. in this country. Other countries have different copyright protections.) I'm still looking for someone to come forward with documented evidence that "stealing images" by a reputable organization has or is being done.
As I mentioned earlier, this question comes up yearly. Each year, I make the same request. Send me some (documented) U.S. examples of images stolen by a professional photobuyer.
I never get them.
Rohn Engh
Those helpful acronyms. . . Alphabet Soup
Do you ever feel like you are using secret code when talking about professional photography? Our business is peppered with abbreviations that begin to sound like a list of computer file names. Most of these acronyms stand for photographic trade organizations, formed to offer services of all kinds to aid the working pros, their agents and their clients.
EP, ASMP, APA, PPA, SAA, ASPP, PACA, CEPIC, NPPA, NANPA
The following lists some of the most well-known organizations, along with their websites, their mission statements, and basic services. If you have yet to join one of these organizations and are a working pro, you will find it valuable to peruse their websites and learn about all the assets available to you to help you run your business. These groups also offer networking and educational opportunities, along with pricing guidelines, business practices, help, and workshops. The Editorial Photographers website (www.editorialphotographers.com) offers even a longer list under "Trade Groups."
EP - Editorial Photographers:
"Editorial Photographers is a non-profit organization dedicated to the business of editorial photography. We maintain an Internet discussion forum, exchanging information on business practices, copyright and contract concerns. There are useful resources such as sample business forms and publisher contract reviews. Our mission is to educate photographers about business issues, and advocate fair contracts from publishers, and to find positive solutions to problems within the industry." www.editorialphoto.com is a source for free resources like price estimators, education, outreach, consulting, production and Stock Photo Basics.
ASMP - The American Society of Media Photographers:
"ASMP promotes photographers rights, educates them in better business practices, produces business publications, and helps buyers find photographers. ASMP promotes high standards and ethics, and is active in copyright, combating work-for-hire, providing legal advocacy and lobbying." www.asmp.org offers industry news, a gallery, education programs, business resources, legal resources, buyer resources, publications and a code of ethics.
APA - Advertising Photographers of America:
"APA serves to mentor, motivate, educate, and inspire. It offers seminars, and workshops, a newsgroup, business publications, and seminars. It is committed to preserving and enhancing the profession, and works toward resolving issues and problems in the industry." www.apanational.com promotes "advocacy, education and standards." You will find information about the membership, benefits, news and resources on the site.
PPA - Professional Photographers of America:
"PP of A is a worldwide association that exists to assist its more than 14,000 members in achieving their professional, artistic, and fraternal goals; to promote public awareness of the profession; and to advance the making of images in all of its disciplines as an art, a science and a visual recorder of history." www.ppa.com displays a list of business discounts, copyright advocacy, insurance, malpractice protection, competitions, studio management services, and certification.
SAA - StockArtistsAlliance:
"Founded in 2001, StockArtistsAlliance is a global not-for-profit trade association of photographers who produce images for Rights Managed licensing." It is now in its third year and it has many initiatives to improve the business practices for Rights Managed stock photographers. www.stockartistsalliance.org describes the current investigative reporting on royalty payments, a special program fostering better royalties with Workbookstock, and many other efforts.
ASPP - American Society of Picture Professionals:
"ASPP members are photographers, photo researchers, photo editors, stock agents, museum curators, librarians, historians, archivists, designers and writers. They work for major book publishers, national magazines, photo agencies, associations, government agencies, museums and libraries. They provide information on industry ethics, business practices, and offer networking and a Code of Fair Practice." www.aspp.com offers eNews, job postings, a gallery, a quarterly magazine, book reviews and helpful resources.
PACA - The Picture Archive Council of America:
"The goal of PACA is to develop uniform business practices within the stock photography industry, based upon ethical standards established by the Council. PACA serves member agencies, their clients and their contributing photographers by promoting communication among photo agencies and other professional groups." www.pacaoffice.org lists places that require special images releases, Copyright Commandments, an agency member listing, industry links and announcements.
CEPIC - Coordination of European Picture Agencies Press Stock Heritage:
"The aim of CEPIC is to be a united voice of the picture library and agency association of Europe in all matters pertaining to the photographic industry." It addresses copyright protection, trade regulations, exchange of information, ethical standards, and fair business competition. www.cepic.org is the place to find the membership listing, events and industry links.
NANPA- the North American Nature Photography Association:
The NANPA is the first and only association in North America committed solely to serving the field of nature photography. Its stated mission is to provide education, foster professional and ethical conduct, gather and disseminate information, and develop standards for all persons interested in the field of nature photography. NANPA further seeks to promote nature photography as an art form and a medium of communication for the sciences, nature appreciation, and environmental protection."
NPPA- The National Press Photographers Association
is dedicated to the advancement of photojournalism, its creation, editing and distribution, in all news media. NPPA encourages photojournalists to reflect high standards of quality in their professional performance and in their personal code of ethics. NPPA vigorously promotes freedom of the press in all its forms. To this end, NPPA provides continuing educational programs and fraternalism without bias, as we support and acknowledge the best the profession has to offer."
Author, Pat Hunt, is VP of Corporate Relations at Index Stock Imagery, and a writer for various photographic publications. (
path@indexstock.com)MASTERING DIGITAL PHOTOGRAPHY AND IMAGING,
by Peter K. Burian. This all-new full-color book gives readers the knowledge they need to master the technology that is transforming how we capture and work with images. The book covers all the essentials, from selecting the right digital camera, scanner, hardware, software, and printer, to optimizing image creation. (ISBN: 0-7821-4290-7; $29.99) Contact: Sybex Inc., 1151 Marina Village Parkway, Alameda, CA 94501. Phone: 1 510 523-8233.
http://www.photosourcefolio.com/bookstoreone.htm#0782142907
"I look forward to each issue of PhotoStockNotes for the valuable contact information it provides. As a free lance photographer Im continually in search of editor contacts and want lists. PhotoStockNotes provides this type of information and much more. I think your PhotoStockNotes newsletter is one of the many great services that PhotoSource International provides for both photographers and photobuyers. Please keep my subscription current. I dont wont to miss a single issue!"
Harvesting Public Domain Images: Free Photos
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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.
I was reading in "sellphotos.com" on pages 208 & 209 about how Tom Carroll from California sold a "Public Domain" image to DRS Technologies for their annual report for $875. My question is this. Since he can sell a "Public Domain Image" to a professional publication, is it legal to burn images like that onto a CD (as a collection of images for someone to use as a screensaver or print out copies for personal use...(ie: someone has a child that likes photos of jet airplanes,) and then sell them say, on an Auction site like Ebay or Ubid?
I understand that since I did not shoot the image, I don't own the copywrite, but as long as I give credit to where credit is due either in a caption under the photo or as a "disclaimer" printed on the CD label (ie: photos courtesy of US Navy-Public Domain...) would it still be ok and legal? Any lawyers out there that specialize in this kind of thing?
Tim Johnson
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Tim-- You are on the right track. (Although a distinction to note is that Tom Carroll did not "sell" the image; he found the image for the market and charged a research fee.)
When you work for the U.S. government, whether you are building a bridge, landscaping a new park, or taking a photograph, you are working for the people. So, the reasoning is -the people own the results. I'm surprised that more people have not come up with ways of selectively distributing the photos that are gathering dust in U.S. government archives. Tom Carroll's approach is certainly valid. And we'll no doubt see many mini-stock agencies like yours begin to use the advantages of the Internet to distribute public domain images that are available to the people for the asking.
These stock images range from aviation (historical to modern; U.S. to Russian), naval (most countries represented), agriculture (historical as well as new and innovative), and photos from NASA, and even the Central Intelligence Agency, which believe it or not are also public domain and available (see page 212 in sellphotos.com).
SOME RESTRICTIONS
The federal government (U.S.) cannot own copyright, but even so, not all photographs on ".gov" and ".mil" sites are public domain. For example, a private donor or a foundation might donate a copyrighted image to a federal institution with the restriction that the copyright of the image will eventually revert to the estate of the original owner. Same is true for some photographers who make photos for the government on a "work-for-hire" basis, in which case the images may be copyrighted by the photographer and not the government. If you find an image on a U.S. government Internet site, it is most likely useable as a public domain photo, but you'd need to confirm that.
To learn how the government looks at this situation, check out pamphlet 195 at http://lcweb.loc.gov/rr/print/195_copr.html.
A good place to find the source of public domain images that have little or no publication restrictions on them is :
http://mciunix.mciu.k12.pa.us/~spjvweb/cfimages.html
Governments outside the US often do retain the copyright of their images: For example, check out the Canadian site: http://cgp-egc.gc.ca/copyright/what-e.html .
Most individual state governments in the United States do not place their work into the public domain and do in fact own the copyright to their photos. That's why it's not a good practice to lease images to a state Travel Department, or Bureau of Economic Development. You might be required to give up your copyright.
Be careful to check ownership information before including any presumably public domain photo in your collection. And always do the courtesy of citing where the photo came from. The government organization and photographer both enjoy the publicity.
THE INVOICE
Tom Carroll used public domain photos not only for educational and editorial purposes but also for advertising accounts. The photo you mention was a U.S. Government public domain photo. In his invoice Tom wrote: "Photo (Public Domain): no charge. Research and fulfillment: $875."
By establishing the kind of CD or mini-stock agency that you mention, you are establishing a service to photo buyers which can save them time and money searching out highly specific images, both present-day and historical. Be sure to include descriptions of your mini-stock agency images also in a text-based photo search system such as our www.photosource.com/bank.
--Rohn Engh
Lost Last Year?
Turn A Loss Into A Win
Did your stock photo business lose money last year? Perhaps youre just starting out in the stock photography field, or maybe your business just had a bad year in 2003.
Either way, the IRS allows you to use a loss from your current business year to recover taxes paid in previous years--or lower your taxes in an upcoming year or years.
IRS Section 172 permits a business that suffers a net operating loss (or NOL--tax jargon for when expenses exceed income) to carry that loss back to previous years or forward to upcoming years.
Is Cash Tight?
Use your current business downturn to offset business profits or other kinds of income that you had the two previous years. It'll generate a refund for you. This will prove helpful when cash is tight.
Also, if there is NOL leftover, use the "carry forward" mentioned above to apply the unused NOL against profits in the years ahead.
Or, you can skip the carry back, and simply carry forward the entire NOL for the future year(s).
Example: Your bottom line is red for 2003, and 2002 and 2001 were low-income years. By electing to forgo a carry back of the NOL for 2002, you should come out ahead, assuming you can use up the NOL during the carryforward years that begin in 2004.
You have ample time to assess your tax situation for 2003 and decide whether to carry forward an NOL. The deadline is not until the due date for filing your 2003 return.
One disadvantage: a refund claim might prompt the IRS to question not only your return for the loss year, but also to look at returns for earlier years.
Julian Block, a former IRS agent and tax attorney, is the author of "Julian Block's Tax Avoidance Secrets" ($29.95 p&h included, 560 pgs. Mention you are a PhotoStockNotes subscriber and receive the book for $19.95. Julian Block, 3 Washington Sq, Larchmont NY 10538-2032). For Julian's tax saving and tax planning reports, go to http://www.photosourcefolio.com/TaxReports.htm . Julian can be reached at julianblock@yahoo.com.
Ref: IRS Publication 536. Net Operating Losses. (800) TAX-FORM;
http://www.irs.ustreas.gov
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This week's featured photographer on PhotoSourceFolio: Wolfgang Kaehler:
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Watch for developments in the field of stock photography in PhotoAimLite'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.
Digital photos change Iraq war perception - Some of the most shocking or
memorable photos from the Iraq war were almost certainly taken by soldiers
or GOVERNMENT CONTRACTORS - and zipped around the world with an ease that
never existed in the days of film.
http://www.globeandmail.com/servlet/story/RTGAM.20040507.gtphotomay7/BNStory
/Technology/?query=photographer
GETTY IMAGES Creates New Editorial Contributor Group, Signing Several of the
World's Top Photographers - Getty Images announced the formation of an
editorial contributor group, providing renowned feature photographers
unparalleled marketing and distribution opportunities, while offering
customers access to powerful imagery from some of the most notable
PORTFOLIOS available. http://www.creativepro.com/story/news/21317.html
PICASA Brings Instant Photo Publishing to Blogger - PicasaT, Inc., the
developer of software which enables photographers to effortlessly ORGANIZE ,
MANAGE and share digital photos, announced today a product integration with
BloggerT, the free, fast and easy-to-use service for publishing and sharing
information online. Through Picasa's Hello photo-sharing application,
Blogger users can now post photos and captions directly to their personal
weblogs. http://www.creativepro.com/story/news/21327.html
America Online's DIGITAL PICTURES SURVEY Finds That Instant Gratification
Factor Tops List of What Consumers Love Most about Digital Photography
http://home.businesswire.com/portal/site/altavista/index.jsp?ndmViewId=news_
view&newsId=20040511005429&newsLang=en
Digital Revolution Requires New "Netiquette" RULES Etiquette Expert Offers
Advice on Sharing - Snapshots During National Photo Month
http://www.marketwire.com/mw/release_html_b1?release_id=67074
Are you willing to take a bullet?' - Former Daily Herald photographer M.
Scott Mahaskey is in IRAQ(news - web sites) working for the Marine Corps
Times. This is the second of a three-part report on his experiences over the
past weeks, including his personal journal and his photographs.
http://news.yahoo.com/news?tmpl=story&u=/cdh/20040510/lo_cdh/areyouwillingto
takeabullet
New POLAROID One600 JobPro Instant Camera Improves Construction Job Site
Communication and Customer Satisfaction - Construction and remodeling
professionals who use instant photography continue to tout its value.
Photography needs vary from job to job, but 92 percent of users take instant
photos to record "before-and-after" results of their work.
http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=SVBIZINK3.story&STORY=/www
/story/05-10-2004/0002170766&EDATE=MON+May+10+2004,+10:57+AM
NIKONET and 'Legends Behind the Lens' Honor the Work of Kentucky
Photojournalist Bill Luster
http://www.creativepro.com/story/news/21298.html
Best known as MR. SPOCK in Star Trek, Nimoy left the screen to pursue other interests - most notably, photography. http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/1084313135130_79722335/?hub=Entertainment
During a photo shoot in LA recently, Ross, 60, demanded the photographer shoot her through a two-way mirror so she could see what she looked like.
Want to read more "Photography in the News"? Go to: http://www.photoaim.com/pitn.html
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