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Key words in this issue: National Geographic | Appeals | Jerry Greenberg | Revision | Copyright | Film Developed | Corbis | Getty | Search Engines | Source | Way Less | Stiffener | Google Images | Price | Concessions | That Refund | Thievery | Virus | Cell Phones | Photo-Share | Color Correction | Art Marketing 101 | Spreadsheets | Talents | Keyword Help | Sell Photos

News Words: Copyright | Image Capture | Musician | Art | Tom Mangelsen | Ansel Adams | Photobooks | Aerial | Bengal | Amateur | Learning Curve | Workshops | Tom Mangelsen

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## PhotoAimLite monthly newsletter for May ## 416

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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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by Joel Hecker, Esq

As I previously reported in PhotoStockNOTES in January 2004, Judge Lewis Kaplan of the Southern District of New York decided that, in his opinion, the Eleventh Circuit Court of Appeals confirmation of the Miami verdict of $400,000 in favor of Jerry Greenberg against National Geographic Society was wrong.  As a result, he upheld the determination that National Geographic's use of photographs, which appeared in various issues of its magazine, was not a revision of the original issues, but rather a new product in a new medium for a new market.  Accordingly, Judge Kaplan rejected similar arguments presented by plaintiffs Douglas Faulkner, David Hiser, Fred Ward and other photographers in the New York case.
  The Second Circuit Court of Appeals, covering New York, Vermont and Connecticut, has now affirmed Judge Kaplan's decision and rejected the reasoning of the Eleventh Circuit Court of Appeals in the Greenberg case. 

  The Second Circuit Court concurred with Judge Kaplan that the intervening New York Times v. Tasini decision by the United States Supreme Court raised questions as to the continued validity of the reasoning behind the Greenberg decision.  Accordingly, it upheld the District Court's ruling that it had the authority to consider the merits of the cases before it even thought the same issues had already been determined adversely to National Geographic Society in the Miami case.

  The Second Circuit then reached the same result as Judge Kaplan, that the National Geographic Society search engine was just a technological improvement, similar to a compilation of back issues in a stiff-bound volume with a searchable index, and therefore a permissible use of the photographs at issue.  It declined to follow the Eleventh Circuit opinion in Greenberg because of the Second Circuit's interpretation of the Supreme Court decision in Tasini.

  The plaintiffs plan to seek re-argument before the Second Circuit, and if unsuccessful, since there is now a split among the Circuits as to the interpretation to be given to the Supreme Court's decision in Tasini, to petition the Supreme Court to hear the case.  Thus we may have yet another Supreme Court consideration of the continuing effect of new technology on photographic copyright issues.

203 stock photographers responded to the recent PhotoSource International Survey.

PURCHASES. 1.) The respondents are big spenders. The average spent on photographic equipment by the photographers in the last year was a whopping $4,948.83. Cell phones was very popular.One photographer spent a high of $35,000. Seventeen people spent higher than $10,000. Fifteen people spent under $100 or left the answer blank. Males spent more than females.

DIGITAL VS. FILM. 2.) The majority of respondents indicate they're hesitant to focus on digital-only images. Most display their images digitally on the web or in e-mail messages, but prefer to deliver them in slide format or a high-res format preferred by individual photobuyers. Apparently they have made this decision based on conversation with the individual photobuyers they work with.

95% said they had photo-editing software.

GENDER. Two-thirds of the respondents (who answered this section) are male, one-third female. Age of the respondents:

Age F M Total

26-35 05 10 15

36-49 16 30 46

50-64 27 96 113

65+ 06 17 23

FILM. Stock photographers are still getting rolls of film developed. Several full-time shooters said they averaged 200 to 450 rolls a year. Nineteen said they averaged 300 a year. Thirty-three averaged 120 rolls per year. Twenty-seven said they averaged 36 rolls per year. Seven photographers said they have switched to all-digital and do not use film anymore.

CAMERA. Which camera brands were the most popular for stock photographers? Nikon came out on top (94); Canon was second (78). "Honorable Mentions" went to Fuji, Mamiya, Minolta, Bronica, Pentax, Leica, Hasselblad, Rolleiflex, and Olympus. Probably for nostalgic reasons, others were mentioned too: Graflex, Linhoff, Tarman, Ricoh, Voightlander, Polaroid, Kodak, Sinar, and Contax.

SUMMARY: If you are still waiting to jump into the Digital Revolution, our survey tell us that you are not alone. Many stock photographers are holding back despite the abundant buying of digital equipment reflected by this year’s respondents. Cell phones was the most popular. This would indicate equipment suppliers haven’t yet seen a saturation point for photographic purchases. It also means a lot of stock photographers will have a lot of digital knowledge to gain, once they are equipped with the equipment that the majority of photobuyers are starting to demand from image suppliers. –RE

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 by your cell phone to ask who supplied the pictures.

Want to read more of this article? Go to: http://www.photoaim.com/gen687.html

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LOOK LIKE A PRO when mailing your next print, ad, or disk: The "Way Less" envelope stiffener will not only create a high-tech look to your project but save you more than fifty cents in postage on an average mailing. (They pay for themselves!)

Made of extruded sheets of stiff corrugated polypropylene, the "Way Less" envelope stiffeners are lint and dust free, and unlike cardboard are impervious to moisture. Available in all popular envelope sizes. To learn more, order, or request a free sample, visit: www.envelopestiffeners.com

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Did you know you are a member of the largest stock photo agency in the world? No longer do photobuyers who seek hard-to-locate pictures rely on the antiquated methods of the last century to find photos; methods still used today by classic stock photo agencies. You know which ones: Getty, Corbis, et al. No, they are not the largest stock agencies in the world. They represent only a small fraction of the stock photos that reside in the worldwide databases of photographers. And search engines are now leaving the outdated systems of these agencies in the dust.

How large is this directory of photographs? You be the judge. Figure out how many individual photographers now have digitized their collections and presently make them available to photobuyers via the Internet. If your calculations are similar to mine, you’ll estimate there are presently at least 450 million images search/available on the Internet. By the year 2010 there will be three times that number. Getty and Corbis will never catch up.

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*Savvy photobuyers know not to use the Google Images section of the Google service or a similar database. This system directs them only to sub par images that also often present complicated copyright issues. More and more buyers know to use the "text" option of the Google search bar, and type in their photo need description plus ‘photosource’ to locate quality stock photos with ease of transaction.

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This week's featured photographer on PhotoSourceFolio: Stephen Bonnau

(http://www.photosourcefolio.com)

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Let’s say a veterinarian likes the photos you took of your cat getting its physical, and wants to use three of the pictures in his website. What should you charge for the photos?

Web pricing is not as easy as standard pricing. Basically, web use is a relatively new market for stock photographers, so you’ll find a wide range of suggestions for you on this subject.

Here are mine. 1.) Most artists charge too low for their products. Use this formula: charge half again what you initially thought you should charge; e.g. instead of $300 charge $450.

2.) Contract with the veterinarian on a 6-month basis, regards use of your photos on the veterinarian's website. This will give you leeway to negotiate for further use. HINT: If you charge high and won’t budge, you probably won’t get a renewal. If you charge low, you’ll probably get an extended long-term contract.

3.) Barter for the photo(s). Veterinarians are always willing to barter.

4.) Get the help of a fellow professional. Check out similar sites (veterinarian). Find out who the photographer was. Ask him or her on nyour cell phone what fee they are getting. The photographer won’t consider you competition because of the geographical distance between you both.

CONCESSIONS

5.) Should you make concessions? Sure. If the veterinarian wants to bargain with you, reduce your price if he will supply model releases to enable you to use the photos on your own website or for promotional brochures of your work. (This is commercial stock photography in this case, unlike editorial photography, where you won’t need a model release.)

Another concession: Ask that your credit line and website URL be used in fine print somewhere on the website.

Want to read more of this article? Go to: http://www.photoaim.com/trnte84.html

Where's That Refund?

Your 2004 refund check is less apt to go astray if it is deposited directly into your bank account.

The Internal Revenue Service is already hunting for 87,500 taxpayers owed $73 million in tax refunds whose checks could not be delivered last year. In most cases the taxpayers moved but failed to notify the IRS, which does not forward refund checks.

Taxpayers can track undelivered refunds or get change-of-address forms online at www.irs.gov (search for "Where's My Refund?") or by calling on your cell phone to (800) 829-1954.

"Who owns your picture? You do...from the moment you press the shutter," says Rohn Engh in his book Sell & Re-Sell Your Photos. Whether or not you display the © symbol, and whether or not you register your image with the Copyright Office, you own it. If anyone, without your express permission, publishes it, copies it (outside the limited "fair use" guidelines), posts it on the web, or uses it as the basis for a "derivative work," they’ve violated your legal rights. End of story. Or is it?

Although thievery at major publishing houses—such as those Photosource International represents—is practically nil, when you post images on the web they’re at risk from visitors who either are ignorant of copyright laws or think they can get away with violating them. So, just as you protect your car, your home, and your camera, you need to protect your images. There are two aspects to protecting against copyright violation: (1) making sure viewers are aware that your images are copyrighted and that you are the copyright holder (essential), and (2) registering your copyright (desirable).

Want to read more of this article? Go to: http://www.photoaim.com/gen689.html

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Subscribe to our weekly PhotoStockNotes, only 14.99

per year. Keep up with trends in the stock photo industry.

SPECIAL: The third week of every month, we send you 2 dozen

fresh, new photobuyer contact addresses.

Info: https://www.photosource.com/products/psn.php

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Researchers at Louisiana Tech and Penn State say that one's typing style is as unique as your eye color or speech patterns. This conclusion is the result of over 5 years of research. The program looks at the time between keystrokes and the time it takes to press a key. Such "biometric" information could be used instead of a password (not recommended for sensitive data) or as an additional layer of security protection (the "two-factor" authentication model). The developers of this technique have reached a licensing agreement with BioPassword, Inc. (www.biopassword.com).

Not likely, so far, but it is a sobering thought. Many cars, trucks, and SUVs are rolling off the assembly line with wireless (usually Bluetooth) connectivity to the Internet. And these same vehicles (practically all modern ones with or without wireless) are basically controlled by computer. Sure, you get to push on the gas pedal and manipulate the steering wheel, but there are a lot of electronics under the hood managing such vital systems as the engine, transmission, air bags, antiskid system, steering, throttle, and the entertainment system, not to mention the diagnostics routines. So, is it such a stretch to imagine a wireless virus infecting your vehicle and, well, doing whatever? We've recently reported on cell phone viruses. Yes, they're in the early stages of development, but given the rate of electronic maturation, it shouldn't be too long before they become mature viruses.

Any takers on how long it will be before the use of cell phones in public places is essentially banned, the way smoking went? A recent poll by the University of Michigan revealed that 60 percent of cell phone users (interesting to note that it's the users themselves) say that people using the phone in public can be a major irritation. And 40% said there should be a law prohibiting use in such places as museums, movie theaters, and restaurants. A whopping 80% said cell phone use while driving poses a major safety hazard. Remember this the next time you reach for your phone while on the road or in an otherwise public "quiet" place. And let's not bring up the cell phone cameras being used where they shouldn't be. Give us all a break, eh?

Here's a couple of sites you may not know about: www.flickr.com, recently purchased by Yahoo, and www.snapfish.com, (now) brought to you by H-P. Flickr allows you to upload images and add "tags," which function much like captions and keywords. Snapfish is more traditional (think "Kodak Moment"), and wants you to order your prints on-line. Both, of course, offer image sharing. And check out this site, www.mappr.com. It's beta, so there may be a few glitches, and it may be slower than one would expect. However; it uses some pretty neat software to divine where the all the images on flickr were taken or are about, and generates a location map. That's easy when the tag says, "San Francisco," and next to impossible when the tag says, "my granddaughter." Still, it's pretty exciting to use mappr with such search terms as "Route 66."

Want to read more of this article? Go to: http://www.photoaim.com/onlin156.html

This comprehensive guide is from PhotoSource International, so you know

the focus is on marketing your images to photobuyers.

Some of the topics covered in this brand-new 42 - page guide include:

-Promoting Your Digital Images to Photobuyers

- Keywording and Captioning Techniques

- Digital Workflow

- Histograms Explained Pricing your Digital Images and Services

- Digital Cameras and Why Sensor Size Matters

- Much more

The Digital Marketing Guide is available as PDF, on CD, and as Hard Copy.

Get up to speed with the Digital Marketing Guide.

Order your copy today at: https://www.photosource.com/products/market.php

As always your PhotoSource International products come with a

100%satisfaction guarantee.

Address: Mississauga Ontario, Canada

Years in stock photography: 15 years

Specialties: Serving the diverse needs of religious publishers.

Q: What advice would you give a stock photographer just starting out, to find his/her way?

A.: From my experience, the Stock Photographer has to be focused on a primary market and also at work at uncovering/extending to parallel markets. For example, sports images could also be useful to medical/fitness, recreation, women/men/teen, business markets -- probably

several more. For myself I try to extend into Sociology, Psychology and related markets.

Q: What are your target markets?

A: I find that having a mix of periodicals (bread and butter) and textbooks

(higher $s but not as consistent), plus calendars, makes a good/necessary

distribution of customers.

Q: How many publishers do you deal with ?

A: For my business -- I deal with about 50 publishers. 10 represent the bulk - about 75% of sales.

I find it usually takes a couple of years to get on the publisher's "A List" of trusted/consistent suppliers. I work at sending a fresh submission of publishable work every 6 months -- 500 plus images. I also call two or more times during the year to 'check-in' -- making sure I am up to date with personnel changes, that my work is still relevant to their upcoming photography needs, and that I’m tuned into their hard/software changes.

Q: Finances -- what do you do to stick to the budget?

A: I try to live with the reality that some years are better than others -- so

we always keep the belt secure, sometimes tight. I believe it is important to feed the business so it keeps relatively up to date with technology -- not being first in or last out. Maintain optimism. (Actually my wife is the business manager who keeps us centered. I sometimes get a little slack by promising that my next new camera will be the last...)

Q: How do you keep up with the fast pace of our Digital Age?

A: I work at learning at least four new PhotoShop image improvement

techniques a year -- to make almost perfect pictures closer to perfect. I also belong to a professional organization (CAPIC), which offers seminars, trend information and opportunities for association with other professionals.

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Are you using a "LightBOX" to contact photobuyers?

For information:

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What's your objective in contacting a photobuyer? "To show off the variety and depth of my photographs, with the purpose to make more sales," you might answer. If you were a service photographer travelling door-to-door to agencies with portfolio in hand, your answer would be fitting. But if you are a stock photographer (photo illustrator) attempting to interest an editor in using your work, the above answer will lead to disaster.

Ad agencies, yes, want to see variety and versatility. Photobuyers at publishing houses, however (the ones we deal with here at the PhotoDaily and PhotoLetter), want to know if you can supply pictures in the subject area they need. Spreading out a variety of subjects to prove your talent wastes their time and earns you black marks for unprofessionalism. If you instead do your homework and identify a particular market's focus areas, and then present good pictures that fit their subject area needs, they'll buy them. Period. Ninety-nine percent of the magazines published today (this excludes the general newsstand magazines) are published for a specialized audience, and for specialized advertisers.

Most newcomers to photomarketing tend to think of photobuyers as a mass of people on the other side of a fence. The photographer figures if he can send out enough photographs to enough photobuyers, like dropping leaflets from an airplane, enough of his pictures will score. In today's economy, and today's specialized world, that kind of marketing doesn't work anymore.

Want to read more of this article? Go to: http://www.photoaim.com/ed91.html

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NEED KEYWORD HELP? Having difficulty or time problems putting

those keywords in the PhotoSourceBOOK and/or PhotoSourceBANK? Now

there’s assistance. Our Midwest Director, Mike Karlsson will help (modest fee).

Call him toll-free 1 877 404 7790 for an estimate.

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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.

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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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PhotoAimLite monthly newsletter is a product of PhotoSource International, Rohn Engh, Director, who is solely responsible for its contents. Sell Photos !

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Next Month: When Should You Switch?