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Key words in this issue: Kill | Assignment | Purchase Order | Cancelled | Contract | Display | Shutterfly | Universal Raw | Adobe Camera Raw | Digital NeGative | Ireland | Terrorist Targets | Guards | Labels | Keywording | Credit Report | Meetings | Tax Attorney |
Newswords: Books | Equipment | Tsunami | Say No | Printing Costs | Nature | Northern Cheyenne | Ishimoto | Spy Boss | Australia | Videography | Image Sponsor | CCD | Printing | Flash |
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## PhotoAimLite weekly newsletter for January ## 412
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PhotoAimLite, the weekly 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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YOU AND THE LAW
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Court Awards Kill Fee to Photographer
by Joel Hecker, Esq.
The concept that a termination or "kill" fee is due to a photographer when an assignment is cancelled appears in many photographer or representative form agreements. However, to be entitled to such relief, there must be a contract with the client.
In a recent decision in New York Supreme Court, a photographer and his representative, both of whom I represented, were awarded summary judgment for the full amount of a kill fee in which these basic principals were directly in issue.
My clients had previously completed a photo shoot for the defendant. In that assignment, the representative had submitted an estimate which had been accepted by the client. It called for a Purchase Order to be issued and an advance payment made before the first shoot date. The representative had also placed a stamp confirming the job with a signature line for the client to sign and thus to confirm the job in writing. The client's "authorized representative" did so, and returned it. The assignment was then completed, delivered and paid for.
The client then asked the photographer to do another shoot. The representative went through the same procedure and, after negotiations, sent its estimate to the client. The client's President initialed his approval as to the dollar amount and the same "authorized representative" who confirmed the first assignment signed this second estimate and returned it to the representative.
Just before the scheduled shoot date, the client told the representative that the assignment was cancelled. The representative proceeded to bill for a full cancellation fee which the client refused to pay on the grounds that there was never any contract in the first place! In support of this position it argued that no Purchase Order had been issued, no advance paid, that the "authorized representative" was not authorized to bind the company, and that there was no confirmation signature.
We were able to establish, and the Court concluded, that the representative's estimate was an offer of a contract, and that the client's acts, taken together, constituted an acceptance of this offer.
Want to read more of this article? Go to: http://www.photoaim.com/court.html
DISPLAY YOUR PHOTOS
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You've done your homework. You are ready to enter the marketplace with your photos. What's your next move?
Display your images. Let the world see what you can do.
In other words, build a website*. More and more photographers are realizing substantial success using this route to display their photos and get their name "out there."
If the thought of putting your photos on the Web makes you cringe, fearing that someone is going to take your photos and use them without your knowledge, you are not alone. I get this question in all of my seminars: "How do I know if I display my pictures on the Web, that someone won't rip them off?"
It can certainly happen. Supermarkets know this can happen and they build it into the price of their products. But it is a rare occasion when it does happen. 99% of people are honest, so why waste time on the dishonest ones?
In the cases of website photo "theft" that we have examined, we've found that most of the incidents were honest mistakes by "innocent infringers" -- people (usually newcomers or uninformed) that knew nothing about copyright.
What were the "borrowed" photos used for in most cases? Usually the usage was in personal Web pages, calendars, newsletters, non-profit group fliers, and other non-professional or low-circulation projects.
Want to read more of this article? Go to: http://www.photoaim.com/display.html
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White Mailers
Sending a disk or slides? Look like a pro.
Stiff white cardboard mailers are available at:
MAILERS, 575 Bennett Rd, Elk Grove
Village, IL 60007, Attn: Pat Pulver;
http://www.mailersco.com .
Phone: 1 800 872-6670. Fax: 1 847 731-2603.
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Photo Albums
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For the active stock photographer, placing your images on a Web-based photo album can be a showcase for your photography. Plus in some cases it can be an opportunity to make new photobuyer contacts and sales. The photo albums, or "malls" as they are sometimes called, range from companies that provide film printing service, to high profile sites that attract professional photobuyers.
If you are just starting out you can sign up with a free site to test the process. These sites usually limit entries to three or four dozen images. You also have to put up with boundless advertising accompanying your page. You need to be aware that professional photobuyers don't frequent these kinds of sites.
Alta Vista's site does not allow for extensive captions. This would limit the ability of a photo researcher searching this site for a specific image that needs to be described in several specific words. Be sure to choose a site that allows extensive captioning (photo descriptions) for each picture. You'll find Portfolios.com does this, but it's expensive: $599 per year. It does not carry any advertising.
We have listed a few dozen current sites that we have discovered over the past year. We've listed them all, but be prepared that some of them may already be out of business by now. Which brings up a second caution note for when you choose a free site. Research the stability of the site carefully, as you need to do when choosing an Internet Service Provider. If the site is not in business in a year from now, you'll have an uphill task to transfer the increasing numbers of your images to another site.
And finally, the site may be free and well-designed, but if it's getting few visitors, it would not be the site for you if you're planning on selling your stock photography. You can check whether a site gets lots of visitors a site is getting, by using the (free) software, www.alexa.com,to see the ranking that Alexa gives the site.
The site we can recommend with confidence of course, is our, own http://www.photosourcefolio.com. This site offers you the chance to display ample-sized photos, and is associated with our now - well known website > www.photosource.com <, which gets 8,000 visitors (12,000 hits) per day. That's a third of a million hits per month. No other stock photography-oriented site on the web gets this many hits per day. Best of all, photographers report good sales by displaying their work on PhotoSourceFolio. Shutterfly has announced a pro version of their system that may be a profit center for you if you sell prints of your images.>www.shutterfly.com<
If you have discovered other Photo Album sites that we have not listed, or have comments about existing sites, please share them with us. -RE
Want to read more of this article? Go to: http://www.photoaim.com/album.html
THE MEMORY CARD
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A Universal Raw?
By David Arnold and Gail Rutman
In last month's column we discussed the advantages of shooting in raw format. But powerful as raw is, it needs to go at least one more step to gain full strength: universality. Currently each camera manufacturer employs its own format, and none is compatible with the others. Even newer and older versions of what is supposedly the same raw format aren't always compatible. This means the developers of Adobe Camera Raw, Bibble, Capture One, etc., have to painstakingly rework their software to accommodate an almost continuous stream of new formats, causing delays, and increasing costs to you, the consumer. It can also mean that down the line you may find that your new and "improved" raw conversion program can no longer open your old images.
We have 30-year-old slides that we're still scanning and selling. But thanks to the proprietary and ever-changing nature of raw formats, there are already five-year-old raw digital image files that can no longer be fully processed by their manufacturer's latest raw converters. As incompatible raw formats proliferate, so will such problems.
To eliminate these problems, Adobe recently released their Digital Negative Specification, a royalty-free public format for raw digital camera files, plus a free program that converts any proprietary raw file to a DNG (Digital NeGative) file. DNG is the Rosetta Stone of the otherwise incompatible raw jungle. It is, in Adobe's words, "a single format [that] can store information from a diverse range of cameras. The unified and publicly documented Digital Negative Specification ensures that digital photographs can be preserved in original form for future generations." At http://www.adobe.com/dng you can read more, and download the free DNG converter. For more information read the articles at http://www.outbackphoto.com/artofraw/raw_17/essay.html and http://www.digitalmediadesigner.com/articles/viewarticle.jsp?id=28283 .
Want to read more of this article? Go to: http://www.photoaim.com/memory.html
Workshop
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IMAGES OF IRELAND, with Karen Schulman and Ron Rosenstock. March 13 - 22, 2005. The itinerary takes place in the last bastion of the old Ireland, county Mayo, in the west of Ireland, where traditional culture still thrives. Days are spent photographing in places you could never find on your own - tiny villages, hidden beaches, ancient abbeys, and druid woods. Cost: $1,950, including: accommodations, breakfast and dinner daily, all field trips, land transportation, guide, photo instruction and extensive pre-departure information, services 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 .
Photographing High-Security Buildings
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By Will Funk
Editorial photography in the post 9/11 United States has definitely changed, especially when photographing structures that may be considered potential terrorist targets. Having read reports over the last three years of photographers (ranging from photojournalists to students) being questioned and even prohibited from photographing government structures from public land, I knew my own project of photographing the Ronald Reagan Federal Courthouse in Santa Ana, California, was going to require special care.
I received a photo request from a textbook publisher for a picture of the towering face of the white stone and glass courthouse, located in the busy downtown area of Santa Ana, a large city in Orange County, CA. Since I was going to be in the area the next day, and the publisher's deadline allowed, I planned to shoot the project on speculation and add it to our stock files if it wasn't used in the textbook project.
When I arrived at the courthouse I was aware of two things. First, photographing this building is a sensitive issue, and second, I could legally photograph the exterior from the public right-of-way. With the hypersensitive security in mind I went into the building to contact officials before photographing.
I spoke with two officers on duty at the security checkpoint inside the courthouse and politely explained what I needed to photograph and why. I offered to provide all of my personal information.
Their response was stern. If I attempted to photograph the building, even from the public right-of-way, all of my camera equipment would be seized and I would be detained. After spending a short time with the guards it was clear I wouldn't be able to sway their position.
WHICH LAW?
When I asked the guards what law prohibited photographing a government building they were silent. I left the building, without my photos, wondering the whole time if I was being followed back to my car, labeled as a subversive enemy of the state.
Want to read more of this article? Go to: http://www.photoaim.com/photographing.html
Love Notes
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"I've read every issue of PhotoStockNotes since the first one, and still look forward to it each week. It provides me with motivation, info on new trends, new tools, and potential new customers (plus changes in their personnel). I regularly recommend it (and your other services) to both aspiring and established stock photographers."
- Dennis Light, Light Photographic
They Read The Labels First
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ADVANCE NOTES: In the previous generation, grocery shopping meant looking at a product on the shelf and then making a buying decision. The same held for selecting a stock photograph for use.
The photo selection process is gradually changing, thanks to vertical searches on the Internet. Eyeball-weary photobuyers, when looking for a specific picture, don't care to view scores of pictures. They'd rather select from a dozen images at most, and then make their decision.
How can they accomplish this? By first using an Internet text search. If a photographer has effectively 'captioned' his/her images, their images will swiftly make the cut. The process is termed variously "captioning," "labeling," "image editing," and 'keywording." In the following article, I'm using "keywording."
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Keywording your images is a two-part event.
1.) CAPTIONS: A photographer initially "image edits' each photo, using a program such as PhotoShop CS. The captioning is attached right to the image file.
2.) KEYWORDS: But your most important captioning task is a marketing one. I'll explain.
In the Internet of the near future (and it's happening already), keywords are going to be just as important as the images themselves.
Why?
Nowadays, (and it will be even more so in the near future), photobuyers are searching for photos they need by searching on the Internet, using descriptive keywords. If you effectively enter good text descriptors for your photos for web crawlers to pick up, you'll make sales. No fancy keywording system is necessary, only your knowledge of what the picture represents. The more words or phrases you enter, the better, because you never know what words a photobuyer is going to use to keyword his/her photo request.
For example, say a publisher is doing a coffee table book on the history of auto racing. The publishing house is in London. Their researcher will not want to eyeball tons of images on "antique race cars" if they are looking to fill a page with a picture of the Sheepshead Bay Speedway ('Who ever heard of that?'). Instead, they'll go to Google (or a similar search engine) and type in 'Sheepshead Bay Speedway;' and if they really want to save time, they'll type it in, then put a space, and then the word photosource.
Presto! A website comes up that shows one or more 'sources' (photographers) for that picture. And you won't find it on www.gettyimages.com
Labor: 2 minutes. In the old days, the researcher might've struggled a half a day just to find a source for such a picture. In the future, photobuyers will "read the label first," before looking at pictures.
Want to read more of this article? Go to: http://www.photoaim.com/keywording.html
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JUST STARTING OUT IN STOCK PHOTOGRAPHY? We have a marketletter designed exactly for you. No need to compete with established pros (they started with this marketletter, too...). For info about our weekly PhotoLetter: http://www.photosource.com/pl_intro.html
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Instructions for AOL Users
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With the release of new AOL versions, you are able to take advantage of many new and improved features designed to make it easier for you to connect to the people and things you care about. One of these features is the ability to distinguish whether your e-mail is from someone you know or don't know, so you control the mail you want to see.
To ensure that you continue to receive PhotoSource International latest updates and exclusive offers without interruption, please take the next few minutes and add PhotoSource International to your address book. This can be done by completing the following three easy steps:
Open an email message that you have received from Photosource International.
2) On the far right side of the open e-mail message, click on the Add Address icon.
OR
At the top of the e-mail, there will be an e-mail address listed as "From:"
For example, From: orders@photoaim.com. Place your cursor over the address and right-click on your mouse. This will open a window with 7 options - click on Add to Address Book.
3) A separate window will appear called Contact Details. Click Save in the bottom left-hand corner of the window and this will add the PhotoSource International address to your address book.
We know how important marketing information is to you. By completing these steps, you've guaranteed that important messages from PhotoSource International regarding your photo marketing business, will always reach you.
GOODSTUFF
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Beginner's Guide To Adobe Photoshop Elements,
by Michelle Perkins.
Whether you have a simple problem to fix or need to fine-tune multiple aspects of your image, this book's concise, targeted approach will allow you to make the improvements you need in minimal time. (ISBN: 1-58428-138-8; $29.95) Contact: Amherst Media, 175 Rano St, Ste 200, Buffalo NY 14207. Phone: 1 800 622-3278. Fax: 1 800 622-3298.
On-Line
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by Bill Hopkins
Your Credit Report
While perhaps not precisely on target for this column, I do want to make you aware of an opportunity that opened up this month. Starting 12/1 (and if you live in the Western states), you can get your credit report for free under a Federal Trade Commission (FTC) program. Previously, the only way to get a free report was if you were denied credit, unemployed, on welfare, or believed you were a victim of identity theft (there were a few states that allowed free access). It is being rolled out in phases, starting with 13 Western states. Residents will be able to request one free credit report every 12 months from each of the 3 major credit bureaus. You could order up all three at once and have to wait another year before you could make another request, or spread it out so you'd get one from each every four months or so. Midwesterners gain access on March 1, the South on June 1, and the East and US Territories on September 1. Log onto www.AnnualCreditReport.com. You will need to provide certain personally identifiable data to confirm your identity.
AOL Drops Customers
America Online recently told existing broadband customers in 9 southern states to find another broadband carrier by January 17, 2005. They have set up a deal with BellSouth broadband to get subscribers a special promotional rate. If you're among those targeted and don't switch on your own, AOL will automatically convert your account to their traditional dialup service. Of course when that happens, your broadband connection will cease to function. As you recall, AOL earlier in the year stopped signing up new broadband customers. AOL spokeswoman Anne Bentley says she expects AOL to phase out existing broadband customers over the next year. The affected Southern states are Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North and South Carolina, and Tennessee.
Want to read more of this article? Go to: http://www.photoaim.com/credit.html
42ND NATIONAL CONFERENCE
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of the Society for Photographic Education is scheduled for March 17 - 20, 2005, in Portland, OR. An Exhibit Fair is to be held on March 18th and 19th. More than 1,000 photographers representing hundreds of institutions will give presentations. Contact the Society for Photographic Education at 1 610 645-9567 or http://www.spenational.org. E-mail: info@spenational.org
TAX TIPS
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Are Meetings Deductible?
by Julian Block, Esq.
In these increasingly tough times, it is more important than ever for freelance photographers to familiarize themselves with the steps they can take to keep their taxes to the legal minimum -- and, of course, keep themselves out of trouble. To help you take year-round advantage of legitimate breaks while not running afoul of the rules, here is some expert advice on common tax problems. If you need additional information or guidance in specific areas, contact the Internal Revenue Service, or consult your personal tax advisor.
Question: I went to a get-together with some of my fellow photographers. There wasn't a speaker; it was more of a social event. But I see it as networking with my professional colleagues, and most of the talk was about work-related issues. Can I take a business-expense deduction for the cost of getting there? How about my cash contribution to the refreshments for the group?
Answer: The event qualifies for a deduction. You are entitled to claim the entire cost of round-trip travel between your home and the party's site. For travel by bus, train, or taxi, just keep track of your fares and claim them as business expenses; for auto travel, you can claim actual expenses or the standard mileage allowance. Whether you claim actual expenses or use the mileage allowance, remember to deduct parking fees and bridge, tunnel and turnpike tolls that you pay while you are on business, too.
As for refreshment outlays, they fall into the category of meals and entertainment, are subject to a cap, and are only 50% deductible.
Julian Block, a former IRS agent and a tax attorney, is the author of "The Stock Photographer's Tax Guide." For details on how to purchase this important 32-page publication: http://www.photosource.com/taxtips.php . For Julian's tax saving and tax planning reports, go to http://www.photosource.com/products and click on "2004 Tax Tip Guides." Julian can be reached at julianblock@yahoo.com
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This week's featured photographer on PhotoSourceFolio: Laurie Dove
(http://www.photosourcefolio.com)
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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.
"Got Milk" photos exhibited as art.
http://www.creativepro.com/story/news/22378.html?cprose=daily
Photography Reveals Itself Between Covers - It seems that more photography
BOOKS are being published now than ever before.
http://www.nytimes.com/2005/01/16/arts/design/16geft.html
The photographer then and now - Chan Meng Sing, of Chan Chew, the first
photo studio in Kuantan, has been a photographer for over 50 years, and has
seen as many changes in his profession as he has of the town - and it doesn't
stop at the EQUIPMENT .
http://thestar.com.my/lifestyle/story.asp?file=/2005/1/15/features/9904993&sec=features
Returned camera shows startling images of TSUNAMI - When the tsunami ripped
through Banda Aceh, all photographer Bedu Saini could think about was
capturing the event for his local newspaper.
http://www.smh.com.au/articles/2005/01/16/1105810775057.html?from=top5
Just SAY NO - Sure, we all want to please the client. But, sad to say, there
comes a time when we know, deep down inside, that we have to turn it down,
refuse the invitation, take a stand, return to sender.
http://www.photonews.net/business/justsayno.html
Paper, Printing Costs Are Publishers' Top Challenges - In Summer 2004,
"paper prices" was cited as a top business challenge for 79% of magazine
publishers-the highest this challenge has ever charted for this market
segment. "PRINTING COSTS" is also a challenge for a near-high 62% of
magazine publishers.
http://www.trendwatchgraphicarts.com/fastfacts/fast265.html
Focused on NATURE- When life dealt Robert Schuffert a bad hand, he turned
it into scenic photos of tranquil landscapes.
http://www.decaturdaily.com/decaturdaily/livingtoday/050116/tranquil.shtml
Billings man captured culture of Crow, NORTHERN CHEYENNE tribes-
the rare, century-old images of a Billings photographer and legislator
reveal the faces and everyday lives of Crow and Northern Cheyenne people.
http://www.billingsgazette.com/index.php?tl=1&display=rednews/2005/01/16/build/magazine/20-tribes.inc
Famous photographer brings his works home.
World-famous photographer Yasuhiro ISHIMOTO , 83,
http://www.yomiuri.co.jp/newse/20050117wo63.htm
SPY BOSS portrait captures McGregor photography prize
http://www.thechronicle.com.au/storydisplay.cfm?storyid=3620383&thesection=localnews&thesubsection=&thesecondsubsection=
World's best shutterbugs on show
"This exhibition has been recognized as one of the top 10 in the world
by the Photography Society of AUSTRALIA "
http://maitland.yourguide.com.au/detail.asp?class=news&subclass=local&category=general%20news&story_id=363985&y=2005&m=1
EC guidelines to media on photo, VIDEOGRAPHY
http://www.centralchronicle.com/20050117/1701007.htm
A beauty called EOS-1Ds Mark II...
Canon took the lead in developing the CMOS (complementary metal oxide
semiconductor) IMAGE SENSOR for the professional market where other
manufacturers mostly use the CCD (charge coupled device) sensor.
http://www.nst.com.my/Current_News/NST/Sunday/Features/20050117104148/Article/indexb_html
PRINTING Tips: Evaluating Samples of a Printer's Work - Are you looking for
a new printer? Looking at their print samples is a good start in evaluating
their quality. However, there are some other details you should consider.
http://www.creativepro.com/story/feature/22396.html
Web How-To: Planning FLASH Projects - Whether you're a grand Flash master or
a complete newbie, you need to map out your Flash projects before starting
to animate them. Here's what you need to know -- and do.
http://www.creativepro.com/story/news/22383.html
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PhotoAimLite is a collection of excerpts from our weekly newsletter, PhotoStockNotes, available through the web anywhere in the world $14.99 per year. http://www.photosource.com/psnintro.html
Feel free to forward this issue of PhotoAimLite to your photographer friends.
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412
Next Month: A Self-Critique