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Key words in this issue: Infringement | TAX SHELTER | Copyright | White Mailers | Google | Photoshop Secrets | Photo Management | Phototool | Slidetour | Picture Stamps | Overxposed | Fotoquote

Newswords: tax shelter

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## PhotoAimLite weekly newsletter for October ## 409

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PhotoAimLite, the weekly newsletter from PhotoSource

ISSN 1530-0511

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Tax Shelter - - -

As you will recall, the Copyright Act provides that statutory damages are available if the work is registered within three months of first publication or prior to the infringement.  Statutory damages of up to $30,000 per infringement, or if willful, up to $150,000 per infringement, are now the statutory limits.

The Courts have held that, because of this statutory scheme, punitive damages are not available to a plaintiff in copyright infringement cases.  They have interpreted the statutory damage willfulness concept as a substitution for punitive damages.

  However, a recent decision has re-opened the subject a "tiny bit," and has permitted a complaint seeking punitive damages to proceed.  The case, Blanch v. Koons is in the U.S. District Court for the Southern District of New York.

  Judge Stanton, in granting a motion by plaintiff to add the claim for punitive damages, specifically stated that he did "not forecast any favorable view of plaintiff's position: the present weight and reason of the law (favoring registration) seems strongly against it.  I simply allow the argument to be heard on the facts."

PUNITIVE DAMAGES

  What led the Court to re-open what appears to be a clear-cut prohibition against punitive damages?  The Court referred to two other recent decisions in the Southern District of New York that "suggested" punitive damages may be available because the Copyright Act "logically" permits it in cases where the plaintiff seeks actual damages and profits, rather than statutory damages for willful or malicious infringement.  In such an event, these courts stated, the public policy rationale to prohibit punitive damages would not be correct.

  In any event, those cases were decided without actually reaching the issue.  (One awarded statutory damages, and the other found no malice or ill will, and thus punitive damages could not be awarded in either, even if available.)

  Judge Stanton did not decide the issue one way or the other.  He simply permitted the case to go forward to allow the argument to be heard.  Perhaps it will eventually become part of the dialogue and lead to a change in what is perceived to be existing law.

Fine-Tuning Your Photo Marketing

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Is your photo marketing vehicle sputtering, missing, and sometimes backfiring? Here's a short course that's designed to tune it up…

TAKE A TAX SHELTER: Call your photography activities a spare-time business. Get some stationery printed and establish a business checking account at the bank. Begin to depreciate your new camera equipment, even your new car which you will now use to take your stock photography -- while on vacation, which now becomes a "business trip." Many tax deductions also await you, when you turn your hobby into a business. Use a tax shelter!

DON'T "DATE" YOUR IMAGES: The excellent picture you took of those skydivers parachuting to the earth in 1999 may not be as saleable to an editor in 2005 if it's dated (with a date on the border or frame) and it's competing for selection by a photo editor with other more recently dated images. It just might not be selected simply because of the earlier date.

ENCOURAGE COPIES: Sometimes a photobuyer will anticipate a future need for some of your pictures and scan them or make file copies. They'll record information, such as your address and photo number, in their database or on the back of the file copy, and then integrate it into their filing system. When a need for your image arises, they'll contact you for a hi-res scan or the original. To encourage other photobuyers to do this, who may not be familiar with this system, include this line in your cover letter: "You are welcome to scan, photocopy, or download into your database any of the enclosed for your files, for future consideration."

USE THE © SYMBOL FREELY: Place a copyright notice (20- - Your Name) on each of your pictures. (Do not fill in the date, though.) It costs you nothing – and it wards off possible infringes. If you choose to officially register one of your pictures with the Copyright Office (in Washington D.C.) – as of this writing it’ll cost you $20. This is your choice. Our experience is that it isn’t necessary to register a picture – unless you are heavy into commercial stock photography or happen to photograph a kitten hanging by its paw from a clothesline. You have a three-month grace period after a photo has been published, in which to register it and still receive partial legal protection.

DON’T INCLUDE A DATE ON YOUR COPYRIGHT NOTICE: When you make your announcement label, leave a blank space for the "year." Example: 20- - Your Name. If your picture gets published, the art director will fill in the blank. This will eliminate your having to "date" your slide or digital scan. If a situation requires that you include the date, put it in Roman numerals: MMIV Your Name.

USE SEARCH ENGINES. You can easily locate publications that are in need of photos that match your specialty area. For example, if your expertise is in horses, make a search for "horse + magazine" or "horse + publisher." You’ll find many new additions to your list of target markets.

USE A LIGHTBOX to send a section of photos to a photobuyer who has requested to see them. An alternative would be to send a series of attachments, but photobuyers often dislike clicking on a series of attachments. A "lightbox," which is a URL (webpage) containing several pictures, is easiest to view for the editor- (and contains no viruses).

Rohn Engh is director of PhotoSource International and publisher of PhotoStockNotes.

HAPPY BIRTHDAY To Us! This month marks the start of our 27th year as publishers of market information for stock photographers and photobuyers. In 1976 we established our PhotoLetter marketletter. In 1983 we pioneered going on-line with e-mail delivery of our marketletter (using NewsNet). In 1984 and 1985 we launched the PhotoMarket and PhotoDaily marketletters; in 1988 we began fax delivery; in 1993 we launched the PhotoStockNotes monthly informational newsletter. Eight years ago we established our website (www.photosource.com), now the most extensive and comprehensive site on the Internet for stock photographers, receiving more hits per day (30,000 - 40,000) than all other stock photo sites COMBINED.

In 1998 we established computer to computer (C2C) delivery of our marketletters, plus the PhotoSourceBANK and PhotoSourceFOLIO, which provide photographers with their own web pages as a valuable marketing channel. In 2000 we launched our e-mail-delivered PhotoaimLITE newsletter for photographers, and PhotoResearcher Newsletter for photobuyers. In 2000, also, we launched PhotoSourceBOOK, an annual photographer directory for photobuyers. Today we reach photographer-subscribers and photobuyers all across the country and around the globe. Here's to more great things to come.-RE

WORKSHOPS

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Time to Get Movin’

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If you’ve been waffling about that decision to update your operations with some of the advances in technology now available to stock photographers, let me help you. DO IT NOW.

There’s no going back to analog pictures; they are now relegated to the "artifacts" file. The future that the dotcom revolution predicted is here. Yes, I know, there was a slump from 2001 to 2004, but history will show that 2004 was the year manufacturers, digital innovators, broadband vendors, interactive advertisers, and photobuyers realized that Internet HTML "words-on-a-screen" is as ancient as Gutenberg; and that a colorful multimedia event is what happens when you enter the Internet today, and especially tomorrow. No longer will a local book publisher or ad agency be your target market for your stock photography - but rather the entire globe.

TO WIT: Search engines like Google and its competitors, database technology, digital imaging technology, Internet growth, and e-commerce in general have blossomed.

What was once labor-intensive work (remember sending original slides to photobuyers?) has now become as easy as pressing the right keys on your keyboard. The learning curve is settling into a manageable pace, even though at first it may loom as formidable, and you wonder if you'll "have the time." But if you have a son or daughter in high school, or a neighbor or friend who is familiar with the technology, enlist their help. You'll be surprised at how workable it all is. The Internet is growing at a fast clip. Many of the photos in your files, right now, should be on a photobuyer’s desk. Time to get movin’ ! -RE

THE MEMORY CARD

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Photoshop CS: Learn by Looking

By David Arnold and Gail Rutman

A couple of months ago we reviewed several books that can be especially helpful to photographers negotiating Photoshop’s learning curve. But people have different learning styles, and some prefer to learn by looking rather than reading, so in this column we’ll review six CD and DVD training programs. They vary not only in length (from 2 hours and 20 minutes to 24 hours) and price (from $40 to $300), but also in emphasis and style. This last aspect should play a major role in your choice of which program or programs to buy. A training style that is effective for one person may be boring or annoying for another. Thankfully, you can view video excerpts from most of the programs on their respective websites. Check them all out before reaching for your wallet…and pick up a bit of free training along the way. The sites also provide outlines, sometimes in great detail, of the topics covered.

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On-Line Photo Management Software – WHICH TO BUY?

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by David Young

Photo sharing, --the ability to manage your stock photography, catalog it, exhibit it, present it, and eventually make sales, is an up-and-coming area that will be important for all stock photographers to explore. But before purchasing any photo-sharing software, do your homework and learn just which software choice is best for your particular stock photography business.

Dave Young is Director of Sales and Marketing at 3cim, Inc., a Web-imaging technology company that produces such a software product (SlideTour). We asked him for some insights on this growing area of photo sharing technology.

PSI: For the average stock photographer who doesn’t care to (or can’t afford to) build a website, what are the alternatives.?

DY: The good news is that there are lots of choices. The bad news is that an option suited best for a professional stock photographer, is difficult to spot among the several offerings out there that are targeted to the general consumer, the amateur or casual photographer.

PSI: Meaning?

DY: Many products might be suitable for family-friends-neighbors photo sharing, but fall short if you are trying to work with a professional photobuyer.

It’s important to be able to readily identify a professional-grade product when you see one. When you locate such a professional tool, my advice is to put it on your short list, because the chances are that it will serve your needs far better than a product targeted to the general public.

PSI: What clues should the professional stock photographer look for?

DY: Here are a couple keywords to look for: If the promotion talks about "picture sharing," it’s probably a general-consumer product. Look for the words, "presentation services," if you're a professional.

PSI: Why?

DY: Stock photographers should be seeking "industrial strength" products, not those aimed for "household use." Commercial software product makers aim their marketing language based on the audience it plans to appeal to. This usually breaks down to either professional or consumer-based. This should be an indicator to you of who that audience is. You’ll hear or see the word "sharing" in the marketing of consumer products, because sharing is what the majority of the non-professional public wants to do with their pictures. Meanwhile, business-oriented services will most likely use the term "presentation services" or something similar. They will provide more professional-looking portfolio templates and interfaces. Many professional products are also e-commerce enabled, meaning that your portfolio actually becomes a storefront for the sale of high-resolution image files, if you choose.

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A comparison of seven photo management software companies can be found at www.photosource.com/software.html

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PSI: Are there other clues to be aware of?

DY: Yes. Another indicator is the attention given to print-ready images. While the Internet is a wonderful way to quickly view, sort, search, distribute, or manage large numbers of images quickly, it is an inferior way to present high-quality pictures. The consumer product will usually only offer snapshot print services. A business product will accommodate the storage, transfer, and sometimes offer the printing, of high-resolution images.

PSI: How about storage resources?

DY: You’ll notice that consumer-oriented companies seem to be targeting the general public who (they hope) will, separately and collectively, publish a low volume of image files, thereby maximizing the customer base while minimizing the impact on the company’s storage capacity. Meanwhile, the professional-grade systems have the ability to support high volumes of image storage conditions. These products address the needs of the professional who will appreciate those resources.

PSI: Based on this information, it sounds like a visit to the home page of a company’s web site will clue stock photographers in on what they need to know about that particular product.

DY: Yes. Again, let me say that you may find consumer products for the amateur or casual photographer that are useful for the average stock photographer, but in the long run I believe there are alternatives out there that provide more accommodating features to the professional photographer that are worth exploring before you commit. Here are some examples:

The primary focus of this service is to provide professional photographers with the ability to market their photos on-line to prospective customers through search-enabled Internet technology. Customers can display their work in categorized and password-protected folders if needed, and the site will even complete the on-line transaction for you; effectively acting as the e-commerce interface for the sale of your images. For stock photographers and fine art photographers, visitors may create light boxes (park their favorites), comment on images, and send image groups to you for pricing quotes.

In addition, the site provides a Lab Module that allows you to send print orders directly to the lab of your choice for fulfillment, and a comprehensive guide to available labs if you’re in the market for a new one. There are also multiple levels of image protection to prevent screen captures and "Save to Disc," keyword management for stock, and a slideshow option. Most of these features would only appeal to a working professional.

And, we have 3cim, maker of another kind of professional-grade technology entirely. Rather than simply using the web to support and enhance a photographer's business, the goal of this company is to expand the business of photography by turning the web into a profit center for high quality imaging. Like the PHOTOtool, 3cim provides some appealing options for showing off your work, but 3cim has gone beyond that to create re-sellable Internet-based products that allow photographers to supply their clients with on-demand Internet presentations, for which clients will readily pay extra. Effectively, this adds to the list of revenue-producing tools in the photography professional’s bag.

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GOODSTUFF

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ON0LINE

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by Bill Hopkins

No, not the tiny photo stamps that you can stick anywhere. These are legitimate U.S. Postage stamps with an image of yours on them. It's a pilot program that started July 28 and runs for three months. The USPS has authorized the online vendor, Stamps.com, to test out the program. You can upload an image and Stamps.com will print out the postage and mail it to you. Available in denominations from the 23-cent postcard stamp to the $3.85 Priority Mail stamp. Granted, there are many restrictions about what photos they will accept, but it's in the expected range (no unlawful purpose, nothing obscene, offensive, pornographic, no invasion of privacy, no copyright/trademark violation, and the list goes on). The stamps are not cheap, however. A sheet of 20 self-adhesive 37-cent stamps costs $16.99, plus a $2.99 per order shipping/handling charge. Not counting shipping/handling, that's a 230% premium! If you decide to try it out, send us a postcard with your stamp on it.

*Display 6 of your own images for photobuyers to view, on your page on the PhotoSource website.

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White Mailers

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Internet Life Begins at 35

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by Bill Hopkins

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WHERE TO SHOOT?

by Jeremy Hoare

Like a lot of travel photographers must do, I sometimes wonder where to go next. With a lot of the free world available to shoot in, returning to the same places several times is a good idea so as to get more complete and varied coverage, but after so many trips, anywhere becomes exhausted.

As an Alamy Images contributor, I have been delighted to find a Forum on Yahoo that has an excellent survey by English travel photographer, Jamie Marshall. The survey concentrates on identifying countries more likely to get noticed on Alamy, because of their relative predominance. This, Jamie takes trouble to point out, is not an exhaustive survey (done in an afternoon), but is a very good overview of the world of travel images through one stock library, which probably reflects many others in its general direction and scope.

It seems I have been doing all the wrong things, certainly going to the wrong countries. Those most over-represented include USA, India, Japan, New Zealand, Australia, Sweden, Iceland and the UK; except for India and Sweden, I have visited and shot extensively in all those countries over the last few years. Maybe I shouldn't have bothered. Instead, I should have gone to some of the under-represented countries, such as Czech Republic, Portugal, Austria, Russia, Singapore or Ukraine. Some of those appeal to me (and I have even driven to them from the UK in the past) and some which don't appeal at all.

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ADS WE'VE READ

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FOTOQUOTE PRO 5.0

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PHOTOGRAPHY IN THE NEWS

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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.

Nikon Sponsors 17th Annual Eddie Adams Workshop - The purpose of the Eddie

Adams workshop is to create a forum in which an exchange of ideas,

techniques, and philosophies can be shared between both established members

and newcomers of the profession of PICTURE JOURNALISM . The workshop is a

tuition-free, invitation-only event.

http://www.creativepro.com/story/news/22013.html

New Electronic Postcard From YELLOWSTONE Includes Nature Scenes Captured

with Canon Cameras - Computer Greetings Can Be Sent From The World's First

And Most Famous National Park

http://www.creativepro.com/story/news/22009.html

WESTON exhibit captures love of life

Hemera Launches The Big Box of Art 1 Million and The Big Box of Art

410,000 - Hemera®, a world-leading provider of wholly owned, ROYALTY-FREE

digital images, announced the launch of two new image collections in the

popular The Big Box of Art product family - The Big Box of Art 1 Million and

The Big Box of Art 410,000.

http://www.creativepro.com/story/news/22001.html

Digital photography clicks with high school students - Dozens of budding

artists from Holliston HIGH SCHOOL scoured the town yesterday looking for

interesting architecture to use in a digital photography project. "They are

focusing on what makes a building have structure and a sense of place,"

Bynoe said.

http://www.dailynewstranscript.com/localRegional/view.bg?articleid=42750

KODAK focuses on digital market - It aims to gradually expand into a wider

range of consumer and commercial businesses that will result in a more

diversified portfolio of digital products for better EARNINGS potential.

http://biz.thestar.com.my/news/story.asp?file=/2004/10/11/business/9054873&sec=business

PENTAX plays digital catch-up with passion

Slow to make move from film, firm now leads in innovation

Fun but not free: The true cost of digital photography - It wasn't long

after Chan got his camera that he learned just how EXPENSIVE DIGITAL

photography can be. The costs of snapping digital photos, storing them, and

printing them yourself can easily outstrip what you spend on your digital

camera.

http://www.khaleejtimes.com/DisplayArticle.asp?xfile=data/todaysfeatures/2004/October/todaysfeatures_October17.xml&section=todaysfeatures

Navy photographer captures world's beauty - Beth is a NAVY photographer. Her

latest photos published were ones Beth took this summer aboard the USS

Ronald Reagan, traveling around South America and through the Straits of

Magellan.

Photographer likes to walk on wild side - "ANIMALS can teach us a lot about

ourselves," says Prebeg. "When Jack and I travel to other countries,

particularly ones that are more primal in nature, we are constantly amazed

at how in step people are with their natural surroundings and the needs of

the animals that live there.

http://www.sptimes.com/2004/10/08/Hernando/Photographer_likes_to.shtml

The Business Side-The Importance Of a MODEL RELEASE - If you've ever thought of

selling or licensing one of your images for commercial use, you've got to have

a release for any recognizable person in the picture. Don't even think of using

the photo in any commercial way without a release.

Construction photographs.com Releases Collection of Free CONSTRUCTION

Stock Photography to the Public

http://www.prweb.com/releases/2004/10/prwebxml166410.php

BlueSky signs IKONOS SATELLITE imagery agreement

http://www.kablenet.com/kd.nsf/b0e928b78af07bc1802569a6004ce10b/3953a079c389c49980256f2a005a2898?OpenDocument

Paris, World Photography MARKET Capital?

http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/10-08-2004/0002269003&EDATE=

The past in photos; Review-A Social History of SINGAPORE.

http://thestar.com.my/lifestyle/story.asp?file=/2004/10/10/features/8910905&sec=features

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