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PhotoAimLite
Key words in this issue: Model Releases | Search Engines | Google | Money-Makers | Managed Rights | Royalty Free | PhotoMechanic | Downloader Pro | Trademarks | Copyright | Web | Fine Artist | Expenses | Mailers | AntiVirus | ICANN | Workshops | Photo Search
Newswords: Regulations | Dynamic Graphics | Sitting | Desert
| Memories | Book Design | Archi- tectural | Prize | Proofing | GoLive |
Jupitermedia | Animals | Houston |
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## PhotoAimLite monthly newsletter for February ## 413
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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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Model Releases - Do You Know Who Your Signatory Is?
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by Joel Hecker Esq.
As you should all know by now, an executed model release is required in almost all circumstances when the image is to be used in commerce or trade, which of course excludes editorial use. When the model is a minor, the signature of a parent or guardian is also required, because the minor would, under most circumstances, have the right to disavow any agreement the minor entered into, including a model release.
When an adult accompanies the minor (which includes teenagers as well as younger children), you would certainly obtain the signature of the adult as well. However, care must be taken to insure that the adult who is present is in fact the appropriate person able to seal the deal.
A recent case brought in the Supreme Court in New York, Alvidrez v. Roberto Coin, Inc. and Getty Images, is a vivid example of the pitfalls that can be encountered when all the "T's" are not crossed.
The facts as set forth in the opinion describe a not uncommon scenario. In 1996, a Spanish modeling agency arranged for the plaintiff, who was sixteen years old at the time, to participate in a photo shoot for Telegraph Colour Library, Ltd., a UK based stock photo agency owned by Visual Communications Group, Ltd. She executed a release as did the other models. The art director for the shoot witnessed this signing. The model's mother also signed the release as the model's "representante legal," or so it seemed.
In 2000, Getty Images bought VCG and thereby acquired the rights to license the images from this shoot. In 2003, Getty licensed the image of the model to Roberto Coin, Inc. for use as part of Coin's holiday ad campaign for its diamond jewelry.
Want to read more of this article? Go to: http://www.photoaim.com/legal119.html
What Corbis and Getty don't tell you. . .
Now You Know the Reason
Photobuyers Are Not Finding You
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Thanks to Google and the other amazing search engines available to us now, you have been elevated to being an important resource for photobuyers worldwide.
WHAT? -you are asking.
In the recent past, many stock photographers felt intimidated and outplayed by the strength of stock photo powerhouses such as Bill Gates' Corbis and Mark Getty's Getty Images. Some photographers even gave up and went out of business. Little did these photographers know that they were sitting on a gold mine of images that can surpass the power of any of the large photo agencies.
I'm going to show you that you can compete with the large agencies.
In the last century, photographers believed that the way they had to sell their photos was to exhibit them. It was only natural that when the Internet came along, photographers rushed to display their pictures on their website or someone else's website. This system works, but ever so slowly. Reason? Photobuyers who have a need for a specific photo don't enjoy the strain on their eyeballs, to look at hundreds of images before they find the their specific needs.
Search engines have changed all this in the past couple of years. Rather than search for an image, photobuyers have now learned to search for the "source" of an image.
FIND THE SOURCE
Let me illustrate. Let's imagine you are an editor researching a story on the one-armed major league baseball pitcher, Jim Abbott. You might go to amazon.com to find books about him, and then contact the author of the book to ask who supplied the pictures.
But why not save oodles of time by going to the photographer immediately? Here's how.
In the Google search bar, type in:
baseball pitcher Jim Abbott then a space and then type photosource
(spell everything correctly).
Click. Up comes a page of text with descriptions of photos. Your search will be highlighted in red. Accompanying this is a photographer's name & how to contact him/her. You get in touch with the photographer who places several images on a LightBox and e-mails them to you. Choose what you need, negotiate, and you're in business.
Try this. You are a photo researcher and your client is doing a story on Socrates and needs a picture of poison hemlock (conium maculatum). Use the same method.
Here's another example. An automotive book publisher is in need of a picture of a 1947 Labatt's truck. Again, type this in, then a space, then the word photosource.
WEB DEMOCRACY
Will Corbis or Getty Images come up if you do the same thing, only replace the word photosource with either of their names? No. They can't supply the picture.*
If you have not been putting extensive keywords (photo descriptions) to the photos on your website, begin today. Or you can join a service like our PhotoSourceBANK, and have your own web pages to list your photo descriptions. You are allowed 3,000 words or phrases. The major search engines all distribute 'web crawlers' to the trillions of websites on the Internet, to locate desired subjects. Yours will be included. You, in effect, will be a monopoly of one with your stock photo specialization.
Now you know why you've not been getting visitors to your website.
You can gain a marketing advantage if you put your keywords in your own web page in the PhotoSourceBANK, where hundreds of photobuyers search daily to find the source for their specific photo needs. Even though you think your photos might be obscure, you never know when you are going to get an inquiry from Hong Kong or Paris, Nashville or Toledo. The cost is only $4.95 per month to be a member of PhotoSourceBANK. Check out www.photosource.com/bank.
*Why don't Getty and Corbis supply such photos? Well, for most part, very specific content photos aren't volume money-makers. For a big agency, and in addition, the major agencies work primarily with a different audience. They prefer to concentrate on the ad agencies and corporate markets. Your audience is the book and magazine market.
Rohn Engh is director of PhotoSource International and publisher of PhotoStockNotes. Pine Lake Farm, 1910 35th Road, Osceola, WI 54020 USA. E-mail: info@photosource.com . Fax: 1 715 248 7394. Web site: www.photosource.com.
Watch Out For These PitFalls
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When I visited the Optical Disk Pilot Program at the Library of Congress in Washington DC back in 1985, the Deputy Librarian, William J. Welsh, told me that his department was concerned about the speed with which their photo collections were deteriorating.
He felt optical disk technology would save the day. At that time, optical disc meant a platter about the size of an LP record. (Nowadays it's reduced in size to that of a CD-ROM or DVD disc.) In addition, he felt the technology would be practical in helping the public find pictures faster.
He was certainly correct.
The first stock photography application of video disc technology had already started in 1982, pioneered by First Vision in Newport Beach, CA. Next came Video File, and then even a major stock photo agency, The Image Bank, jumped in. None of these efforts ever really got off the ground, but they laid important groundwork.
By the late 80's audio CD-ROM's had become well-established, and it didn't take long before entrepreneurs began to place sets of photographers' images onto CD-ROM discs, selling them at low prices. Thus was born the CD-ROM photo industry, later to be labeled Photo Clip Art, and now known as Royalty-Free. The term RF was borrowed from the music industry, which had used "royalty free" to indicate when royalties weren't required on certain records when played at an event, on a radio broadcast, etc.
User groups on the Internet started buzzing about this new trend in stock photography, and agonized over whether this bombshell would pull the rug out from under the stock photo industry.
However, after more than a decade of CD-ROM activity, the stock photo industry is healthier than ever. According to studies, some of which we here at PhotoSource International have participated in, traditional-use (managed rights) photography hasn't suffered. Neither has the upstart, RF (Royalty Free).
Then what are the pitfalls you, as a small-business person, should be aware of? Whether you place your images with a traditional CD-ROM production company, self-publish the product, here are some issues to consider.
The BETTER BUSINESS BUREAU ISSUE. I hear grief stories from photographers about CD-ROM companies that have tied up a photographer's images in court for a long period of time. It goes like this. A fledgling CD-ROM company puts their money into slick advertising and attracts a good number of quality photos from participating photographers. These images are given to a production company, to make the CD-ROM discs. About midway into production, money runs out. The production company wants its money before they will release the finished discs. Your images are unavailable to you while the court proceedings spin out. LESSON: It's a compliment to have your images selected by a CD-ROM company. But make sure the company's cash flow can get them through the fulfillment stage of the business plan.
Want to read more of this article? Go to: http://www.photoaim.com/gen685.html
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
The Memory Card:
"Supercharge Your Digital Downloads"
by David Arnold & Gail Rutman
Copying your images from camera to computer is normally more work and less flow. The usual way to do it is first to manually create and name a destination folder. Next, copy and paste or drag the image files to that folder from the source folder. Then, depending on make of camera and number of images, the files will be downloaded to between one and a half-dozen or more subfolders, all with incomprehensible names, requiring you to manually combine and rename them. After which you'll probably want to rename or renumber the individual files as well.
While there are several programs (such as Photoshop's file browser) that can automate the renumbering process for you, PhotoMechanic (www.camerabits.com, Windows and Mac, $150) and Downloader Pro (www.breezesys.com) Windows only, $29.95) can automate the entire process. Just connect your camera or memory card to your computer. Then, depending on your operating system and how you've configured the program, the software will recognize the card, create a destination folder (complete with meaningful name), and copy all your images to it, assigning meaningful filenames based on virtually any naming/numbering system you want.
A favorite of photojournalists (especially sports photographers who have to download and review incredible numbers of images on incredibly short deadlines), Photo Mechanic has been called "the ultimate deadline tool." Not only does it download automatically, it can cut download time by copying from multiple card readers simultaneously, and back up your files to another location (on the same drive, a different internal drive, or an external drive) at the same time. But that's not all: Photo Mechanic is the fastest and most flexible image browser and editor we've seen. However if you just want an auxiliary program to handle downloading duties, Downloader Pro runs neck-and-neck with Photo Mechanic, at one-fifth the cost.
Want to read more of this article? Go to: http://www.photoaim.com/mcard11.html
TREND NOTES
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Intellectual Property
When you need advice from an attorney, be sure to locate one who deals in the area of intellectual property, and especially photography. Otherwise you're opening your checkbook to educate the lawyer. Areas that you might be concerned with are copyrights that protect the expression of an idea in a "fixed and discernible medium" (which photos are); trademarks, they serve to identify the source of goods in the market; and patents which are usually for mechanical devices or chemical processes.
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Your editorial stock collection...
Hidden Wealth
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Advance Notes: With the advent of TV documentaries, CD-ROMS, century highlight books, Web sites, and millenium collections - editorial photos are enjoying a resurgence. Don't throw anything away. Those photos you thought could serve no purpose - because they were outdated -- are now earning dollars the second time around.
The first fifty years of editorial stock photography were lean years for photographers.
Few photographers imagined their photos were worth much more than the immediate compensation they received from a magazine, book publisher or assignment client.
In addition, to save filing space, many photographers threw out extra "baggage" of "outdated" negs and transparencies. Little did they realize they were tossing away a gold mine.
In the early days, some photographers had special agreements with their publishers or newspaper and magazine editors that ownership of the photos bought, could revert back to them (the photographers) after three years. In some cases it was a shorter period of time. (This was in the days before the revision of the Copyright Law decreed that copyright ownership now stays with the photographer. In its original form the Copyright Law transferred copyright to whoever bought a "use" right to a photo.)
Unfortunately, some photographers didn't take advantage of this kind of agreement provision. They were busy with their other projects and went on to other things, as the photo industry matured. Their original negs and transparencies, lying dormant in files at book companies, newspapers, and magazines, were sometimes ushered out by a junior assistant or inexperienced clerk, to make room for contemporary work. What could have been an annuity for a photographer disappeared into the dumpster.
Of course, some organizations had the foresight, manpower, and funds to catalog and save everything. One example is TIME-LIFE. Their files of photos chronicle the life and times of America since 1936. Their latest count of images was 21,000,000, kept in their climate-controlled library at the base of Rockefeller Center in New York.
When the then-director of the TIME-LIFE library, Beth Zarcone, gave me a tour of their collection, I saw youthful pictures of Muhammad Ali (13 books have been written about him in the last decade), Frank Sinatra, astronaut John Glenn, Eleanor Roosevelt, and countless others. These were pictures taken by long-gone photographers who never thought about the legacy they were creating on film.
Recently, I had a talk with Flip Schulke, famed photographer of the Martin Luther King, Jr. era, and the subsequent years of political unrest.
He said, "As a young photographer in the 60's, I didn't throw anything away. After all, I thought of my pictures as my kids. Who gives their kids away?" As a result, Flip has a deep selection of outtakes from his assignments and self-assignments.
Want to read more of this article? Go to: http://www.photoaim.com/gen314.html
Good Stuff
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CREATING A WEB PAGE WITH HTML, by Elizabeth Castro. If you want to make a great looking Web page fast but don't want to get bogged down in the details, then this guide is for you. (ISBN: 0-321-27847-X; $12.99) Contact: Peachpit Press, 1249 Eighth St, Berkeley CA 94710. Phone: 1 800 283-9444. Fax: 1 510 524-2221. E-mail: ask@peachpit.com . http://www.photosourcefolio.com/bookstoreone#032127847X .
GRANTS FOR NEWS PHOTOGRAPHERS. Getty Images has initiated a grants program with the aim of "promoting the best photojournalist talents in the world and opening up new creative opportunities for them." Five grants worth a total of $100,000 will be made available. For an application go to http://www.gettyimages.com/contributors.
GOOGLE AND OTHER SEARCH ENGINES, by Diane Poremsky. Teach yourself how to search the Web the quick and easy way. This Visual QuickStart Guide uses pictures rather than lengthy explanations. ($19.99; ISBN: 0-321-24614-4) Contact: Peachpit Press, 1249 Eighth St, Berkeley CA 94710. Phone: 1 800 283-9444. Fax: 1 510 524-2221. E-mail: ask@peachpit.com .
INTERNET 101, for the Fine Artist, With a Special Guide to Selling Art on eBay, by Constance Smith with Susan F Greaves. This user friendly guide teaches artists about exhibiting, promoting and selling their artwork online. An entire 30-page chapter, authored by an artist who made over $30,000 in 2002, takes readers step-by-step through the detailed process. (ISBN: 0-940899-95-7; $17.95; 128 pages) Contact: ArtNetwork, PO Box 1360, Nevada City, CA 95959. Phone: 1 800 383-0677. No shipping cost on PDF file books available via e-mail. E-mail: info@artmarketing.com .
SELLING ART 101, The Art of Creative Selling, by Robert Regis Dvorak. For most artists, selling art is a skill that needs to be learned. If you study the easy-to-approach techniques provided in this book, you will find that the selling of art can be simple to learn. (ISBN:0-940899-86-8; $22.95; 182 pages) Contact: ArtNetwork, PO Box 1360, Nevada City, CA 95959. Phone: 1 800 383-0677. No shipping cost on PDF file books available via e-mail. E-mail: info@artmarketing.com .
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The Cash-Basis Taxpayer
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.
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Question: A magazine agreed to pay me $1500 for first rights for a photo story, plus reimbursement of expenses. I delivered the photos, along with my bill for the fee as well as travel, telephone, and other expenses totaling $500, incurred in the course of research. But, because the magazine went bankrupt, I received nothing. I know where the various out-of-pocket expenses go on which lines of Schedule C (Profit or Loss From Business), Form 1040. But what about that unpaid $1500? In the expenses part of Schedule C, the second entry is a line reading "Bad debts from sales of services." Is that where I list my bad-debt deduction for the unpaid $1500?
Answer: No. Unfortunately, despite that line, you cannot take away any deduction for the $1500. The snag: You are what is known as a "cash-basis taxpayer." That is the Internal Revenue designation of individuals (including most of us) who do not have to report payments for photos, assignments, books and other income items until the year that they actually receive them, and do not get to deduct their expenses until the year they pay them. As you did not previously count the $1500 as reportable income, you are not allowed to deduct an equivalent amount. Only if you were an "accrual basis taxpayer" and had previously counted the $1500 as reportable income at the time it became due to you, could you deduct it now, as it has not actually arrived and is a lost cause. But for you, as a cash basis taxpayer, this line on schedule C refers only to money you have actually paid out.
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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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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ON-LINE
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by Bill Hopkins
Most Popular (Illegal) Download
Just to show you how important virus protection for your computer is, November's number one illegally downloaded software was Symantec's AntiVirus 2005. This is according to BayTSP, a company that helps thwart online and other piracy (www.baytsp.com). Maybe all that illegal music and program downloading has gotten the culprits a little nervous. The average street price for Symantec AntiVirus 2005 is only about $50, and they have a 3-user Family Pack for just $80. There are often upgrade and competitive rebates available. Or you can try this free (for individual personal use only) anti-virus program; it includes free Internet updates as well: www.grisoft.com. Or, to go directly to the download page: http://free.grisoft.com/freeweb.php/doc/2/lng/us/tpl/v5.
More Domain Names
ICANN (Internet Corporation for Assigned Names and Numbers) has given its preliminary approval for two new domain names. They are .mobi and .jobs. The .mobi name is intended for wireless users, and .jobs for employment services. The idea behind .mobi is to provide a domain that developers can use in creating websites specifically targeted to mobile devices (phones, Palms, Blackberries and the like), and mobile users could have their own email addresses associated with their portables. Last October, ICANN also preliminarily approved .post (for postal services) and .travel (for travel businesses). Next step is for ICANN to negotiate with candidate registrars and work out any technical difficulties.
Want to read more of this article? Go to: http://www.photoaim.com/onlin153.html
WORKSHOPS
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AUSTRALIA NATIONAL PARKS & WILDLIFE, with Michele Burgess. April 1 - 19, 2005. This trip focuses primarily on nature and wildlife in addition to a bit of time in three popular and vibrant cities: Sydney, Adelaide, and Melbourne. Cost: $4,895 from Los Angeles, including air transportation, hotel accommodations, most meals, sightseeing, transfers and more. Contact: In Focus With Michele Burgess, 20741 Catamaran Lane, Huntington Beach, CA 92646-5513. Phone: 1 714 536-6104. E-mail: maburg5820@aol.com . Web: http://www.infocustravel.com .
EVERGLADES - 10,000 ISLANDS PHOTO SEMINAR, March 6 - 11, 2005. No other place on the Planet Earth offers the scenic and complex beauty of the Everglades, adjacent Big Cypress Swamp and, along the western perimeter, the spectacular 10,000 Islands. Cost: $1,395 includes lodging, food, local transportation, boat rentals, and plane charters for aerial photography. WITHLACOOCHEE PHOTO WORKSHOP, March 19 - 20, 2005. This trip includes supervised field shooting in some of Florida's finest natural areas at nesting time. Lecture sessions on Saturday include instruction on a professional level on composition, utilizing natural lighting, close-up and abstract photography, discussions on equipment and film. Cost: $330 includes lodging, lunches and local transportation. Both workshops led by noted Photojournalist/Author Bill Thomas. Contact: Touch of Success Photo Seminars, PO Box 1436, Dunnellon, FL 34430. Phone: 1 352 867-0463. Web: http://www.touchofsuccess.com .
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This week's featured photographer on PhotoSourceFolio: Brian Yarvin
(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.
The National Arboretum in Washington D.C. has proposed a fee and set of
REGULATIONS for photography at its facility. It is so sweeping that if the Department of Agriculture, and other government agencies were to adopt these fees and restrictions for public lands, nature photography could be seriously hampered in the future.
http://www.regulations.gov/fredpdfs/04-27394.pdf.
Jupitermedia Announces Agreement to Acquire DYNAMIC GRAPHICS Group and
Its Related Stock Photography Brands
http://biz.yahoo.com/bw/050214/145681_1.html
Mapping Sitting: On Portraiture and Photography - Mapping SITTING presents
four distinct practices: studio passport photography; institutional group
portrait photography; the street tradition of "photo-surprise"; and
portraits by itinerant photographers.
http://www.artdaily.com/section/news/index.asp?int_sec=2&int_new=12656
Learning how to see Joshua Tree Photography course brings DESERT's stark
beauty into focus
http://www.sfgate.com/cgi-bin/article.cgi?f=/chronicle/archive/2005/02/13/TRGFNB8C4O1.DTL
Photos capture poignant history, document losses - They also alter our
MEMORIES, which otherwise are burnished and altered by the inexorable
passage of time.
http://the.honoluluadvertiser.com/article/2005/Feb/13/il/il05a.html
Is BOOK DESIGN a Missed Opportunity for Creative Firms? - In Winter
2004/2005, 12% of design and production firms saw "book design, creative" a
sales opportunity-the second highest level ever for this opportunity-which
is not saying much.
http://www.trendwatchgraphicarts.com/fastfacts/fast268.html
Starting ARCHITECTURAL Photography - Buildings are difficult to photograph
well, presenting a number of challenges that make life interesting for the
photographer. http://photography.about.com/library/weekly/aa100603a.htm
Sydney photographer wins world PRIZE - An image of a man standing in debris
next to a body after the December 26 tsunami has won a Sydney photographer
Dean Sewell a World Press Photo award.
http://news.ninemsn.com.au/article.aspx?id=37567
Electronic Albums Boost Sales -- "My wedding proofs were costing between
$1,500 and $2,000 a month," says Bambi Cantrell, who runs Cantrell Portrait
Design. "And on top of that, many clients were not returning them." Looking
for a better way, she reluctantly checked out a computer PROOFING system.
http://www.photonews.net/digital/electron.html
Adobe GOLIVE How-To: Intro to Using Cascading Style Sheets - Style Sheets
give you the flexibility and power to make fast changes with just a few
mouse clicks and keystrokes. But the real benefit is in establishing style
consistency across all pages of your Web site.
http://www.creativepro.com/story/feature/22513.html
JUPITERMEDIA Corp. said Monday that it agreed to buy a private stock
photography company-
http://biz.yahoo.com/ap/050214/jupitermedia_dynamic_graphics_1.html
Photography exhibition captures essence of ANIMALS.
http://www.yomiuri.co.jp/newse/20050215wo72.htm
HOUSTON Chronicle Photographer Dies at 54
http://www.wibw.com/news/headlines/1260992.html
How photography in London got a glossier image-
for decades photography has been a poor relation of the ART world. Until
now. After nearly three decades
http://news.independent.co.uk/uk/this_britain/story.jsp?story=610878
The Photography Of Charles Sheeler: American MODERNIST
http://www.artdaily.com/section/news/index.asp?int_sec=2&int_new=12655
Paper Tips: Confused Over BRIGHTNESS and Whiteness? - Ever wonder why your
printed pieces are not popping like you planned? Brightness and Whiteness
are not the same; Brightness does not equate with Whiteness, or the reverse.
http://www.creativepro.com/story/feature/22500.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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Next Month: Investment Losses and Your Taxes