#######################################

###### PhotoAimLite ####### PhotoAimLite monthly newsletter for June ## 417 ##

#######################################

Key words in this issue: Copyright Infringement | Digital Marking Guide | Register | Switch | Digital | Open Source | Innovations | Diversification | Controlling Light | Flash | Light Source | Working Smart | Deadbeat | Windows XP | Legitimate | Family Entertainment | ISP | Low-Fee Start-Up | Tax Tactics | Taxes

News Words: Baseball | Pro | Barn | Gadget Bags | Pib Ad Revenues | Aerial | Rectangle | Music | Social Change | Analog | Agfa |

########################################

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.

#########################################

Court Dismisses Copyright Infringement Claim for Lack of Registration

by Joel Hecker, Esq

The Copyright Act expressly states that a copyright owner may not commence a lawsuit for copyright infringement until the underlying work is registered with the Copyright Office or such registration is refused. A recent decision in the U.S. District Court for the Southern District of New York recently expounded on this subject.

The case, Greene v. Columbia Records/Sony Music Entertainment, Inc., involved allegations of infringement in the music industry, but the rulings apply equally as well to photography.

The plaintiff, James Anthony Greene, who represented himself and did not have an attorney, brought an action for copyright infringement, alleging that the defendant used his original music composition in an album without his authorization and without payment.

After resolution of various procedural issues, Columbia Records moved to dismiss the complaint because the plaintiff had failed to register, or even allege that he had registered, his copyright with the Copyright Office. The Court granted the plaintiff time to amend his complaint to allege the necessary elements of registration, without which the Court does not have jurisdiction to hear the case.

Plaintiff did file an amended complaint but only alleged that he had initiated the process - that he had filed the application and paid the fee. He failed to allege that the Copyright Office had acted on his application. By the time the Court heard the motion to dismiss, more months had passed and plaintiff still had not indicated whether the Copyright Office had taken any action.

Want to read more of this article? Go to: http://www.photoaim.com/legal122.html

When Should I Switch to Sell My Digital Photos?

Many of you responded to the results of our recent photographer survey. One photographer, Bill Wittman, from Mississauga, Canada [bill@wpwittman.com] contributed the following insights:

"I find that many photobuyers are pressing me to keyword everything - especially my new images. They want me to put my library on-line so they will be able to search what I have without relying on me to have the time to respond to their needs. (I am usually quite fast - able to respond within 24 hours. Nevertheless, photobuyers don't like the "float" time between when they send out a "Want List" and when they receive responses from their photographer list.)

"The great challenge for me is to find the time to do the keywording and

set up the database. I have purchased Portfolio 7 * and have been reading instructions and testing it for several weeks. It is a very powerful tool."

THE PRESSURE TO CHANGE

"However, to use Portfolio 7 effectively, I believe I will need to dramatically change my workflow systems. I am still resisting this straight-up-the-hill learning curve - with the attending risks of mistakes and unexpected dead ends. But the pressure to change is relentless and growing.

Want to read more of this article? Go to: http://www.photoaim.com/gen688.html

The "Uncopyrighting" (sharing) of your work...

Copyright: It's Grey, Black, White and In-Between.

Yes, Copyright is a colorful subject. It's also controversial, especially when you are involving artists, photographers, writers -- the whole intellectual properties community, in the discussion arena.

Here at Photosource International, we take a place at the table not on one side or the other (researchers, art directors vs. photographers) but in the middle. We are the place where photo suppliers meet with photobuyers. One day we might talk about infringers on the Internet, the next day it might be "the sharing of ideas to contribute toward progress for us all."

That's the theme today, and I use Open Source software as my example.

Remember the days when AT&T was the only game in town? We were impressed with its telephonic innovations, but not until diversification of the telephone giant, did we realize what we had been missing out on in the way of telephone service, lower fees, and innovations.

Want to read more of this article? Go to: http://www.photoaim.com/trnte85.html

The Memory Card

A Shot in the Dark?

by David Arnold & Gail Rutman

Photography is about light. Good photography is about controlling light. Though various devices and techniques let you control and balance the light striking your camera, the most powerful tool is flash.

Flash has come a long way since the early days of igniting flash powder in a pan. The electronic brain in today's speedlight automatically delivers the amount of light a scene requires. But even with this sophisticated computer-controlled asset, it takes human intervention to get the quality, direction, and distribution of light needed to deliver a saleable stock shot rather than just a serviceable snapshot.

One reason why flash can be difficult to tame is that every flash picture has to juggle two exposures: ambient light for the background and flash for the subject. (For more on this issue, and how to handle it, see Jim Altengarten 's article, "Controlling the Background Exposure," at http://www.apogeephoto.com/may2004/jaltengarten5_2004.shtml ). Another difficulty is that since flash illumination only lasts for milliseconds, the scene isn't lit long enough for our eye to judge it, so you have to make your judgment after the fact-days later if shooting film, seconds later if digital.

Yet another problem is that the smaller the light source the harsher the light and the more severe the shadows. So to get even lighting you need to spread it out. The easiest way to accomplish this is to bounce your flash off a wall or ceiling, but this has limits. It's of no help outdoors, or with a very high ceiling. And if the surface isn't white or a true neutral color, this technique will give your image a color cast.

Want to read more of this article? Go to: http://www.photoaim.com/mcard14.html

Sell My Photos

Photo Marketing Success =

Working Smart

You'll avoid a lot of lost motion, wheel spinning, and dollar depletion in your photo marketing business if you follow some simple guidelines. 1) Start at the bottom -- with low-budget markets -- where the competition is bearable and you can make your mistakes and get your sea legs. It's easy to get discouraged if you aim your sales at the top 100 markets right at first. Aim high in your photography excellence, but aim low initially in your sales targets. Even Michelangelo started out as an apprentice. 2) Think small, but don't be a "small thinker." You'll find some deadbeat photo editors (but a lot of inspiring ones, too!) at the lower sales targets. If some of them don't match your criteria or aspirations, avoid them. If their payment is slow or unacceptable, drop them. 3) Decide early which part of your photography is "hobby" and which part is "business." Support your expensive camera habit with marketable, useful pictures, not your pretty scenics or poetry pictures. A photo editor buys a picture because he/she needs it, not because he/she likes it. 4) Be a specialist. Specific books, magazines, textbooks, etc. appeal to specific readerships. Editors look for photographers who can provide pictures in the specialized category they need: sky diving, autos, computer industry, dentistry, education, ghettos, archeology.

Don't chase over the countryside taking pictures of eight different subjects in one month. Instead take lots of in-depth pictures of one subject you know well -- and market them to eight different magazines which have no cross-readership conflict. 5) Use a price code guide like the ones found at resources such as: Michal Heron, Pricing Photography , 28 W 71 st St, New York, NY 10023; Jim Pickerell, Amphora Media , 110 Frederick Ave Ste A, Rockville, MD 20850; Cradoc Bagshaw, Cradoc Corporation , PO Box 1310, Point Roberts, WA 98281. If you are just starting out, don't undercut by charging lower than the recommended minimum. And, don't charge the higher figure if you haven't sold to a particular editor before. You can raise your fees (within the price code range) once you have established yourself with the editor or publishing house.

Want to read more of this article? Go to: http://www.photoaim.com/gen566.html

ON-LINE

by Bill Hopkins

Microsoft Expands Windows Piracy Check

If you've recently tried to download software from Microsoft for your Windows XP or 2000 computer, you've probably been faced with the "click here to validate your software" option. It's Microsoft's way of trying to ensure that you have a legitimate copy of the Operating System (OS) and not a bootleg copy. Microsoft calls it Windows Genuine Advantage. Microsoft says that Windows Automatic Updates will not require validation, nor will security patches at the Download Center. This checking mechanism claims to be anonymous. It includes an ActiveX control you have to download and install. Then you enter your Product Key (that 24-character code usually found on a sticker on your computer or on the Windows CD sleeve). The key is then confirmed as valid with the Microsoft Product Activation Service. Gee, I wonder what else is tied to that number. Maybe your name, address, and telephone number if you previously registered with Microsoft? All of this in the name of anti-piracy. And, what if you really didn't know that your copy of Windows was pirated, perhaps because you bought your computer from a shady on-line storefront or from somebody down the street? Users who discover that they have a pirated copy of Windows will be offered a genuine version of Windows at a discount, says Microsoft.

Will Digital Photos Be Next?

Many of Hollywood's (and other) movies are distributed for home use on DVDs. They are just like what you see in the theater, with maybe some cut scenes restored, and other features. What if you really like the movie, but don't care for the graphic scenes, or certain violent parts, or spats of "bad" language, or are offended by parts of it? Or, maybe you'd like your kids to see it, but with the "bad" stuff cut out. There are devices that will let you mute or skip those sections, and some companies sell "sanitized" versions of the movie. Of course, the movie industry is not too happy, claiming in lawsuits that such manipulation amounts to violation of their copyright, which of course it does. Well, there is more to this story, but the bottom line is that President Bush signed into law the "Family Entertainment and Copyright Act" (nice name, huh?) privately and without comment. The new law creates an exemption to the copyright laws specifically allowing companies to sell this filtering technology without fear of being sued. One company to benefit is called ClearPlay, which sells hundreds of filters that can be added to compatible DVD players. The law also is supposed to crack down on those who sell edited versions of the movies, those who use video cameras to record first-run movies directly from the movie-house screen, and anyone caught distributing a movie or song before its commercial release. In my opinion, we don't need these kinds of exceptions to the Copyright Act. If you think you'll be offended by the movie, just don't watch it.

Want to read more of this article? Go to: http://www.photoaim.com/onlin157.html

get an email address and keep it How To Let Buyers Know Where To Find You On The Internet

It might seem that an Email address can be a lifesaver for the peripatetic photographer, but there are a couple drawbacks here if you're not careful:

From time to time we are tempted by local and national ISPs (Internet Service Providers) to hook up with their Email services. They dangle an alluring low fee, much as credit card companies will do, to bring you aboard. Then, be it six months or twelve months later, they're sure to raise their fees. Your problem: Should you switch to a cheaper company or stay with your original ISP? Secondly, finding a stable ISP company takes some research on your part - you don't want to choose one that may be vulnerable to going out of business. If you switch ISP's either because of price or because your ISP company folds, it means that you'll have to contact every place you've registered your Email address and change it to your new address. This includes all your printed matter, such as your business cards, sellsheets, flyers, stationery, invoices, plus your Web addresses and links where you have registered your name and website.

LESSON: When choosing an Internet Service Provider, pick one with a track record that indicates there's a good chance they'll be around for the next decade. We've all heard examples of low-fee start-up ISPs that are out of business in a few months. Instead, choose an ISP that looks like a good bet to be around for a long time (even though the cost may be somewhat higher). In the long run, you'll be happy you did.

Want to read more of this article? Go to: http://www.photoaim.com/13bb.html

TAX TACTICS

by Julian Block, Esq.

The High Cost of Togetherness

Just about all of the people who rack up frequent flyer miles fall into two categories. Either their jobs require lots of travel or they are vacationers.

But an ever-growing number of them are "commuter couples" who live apart in an effort to keep their jobs or advance their careers. By one estimate, more than 1 million wives work and maintain homes in one city, while their husbands do likewise in another city. With more women launching careers and advancing into positions of greater responsibility, the number is likely to keep increasing, notwithstanding the delays caused by heightened security measures imposed after the terrorist attacks on Sep.11.

Understandably, the minuses outweigh the pluses for dual-career couples who live apart for the sake of their jobs. Yes, those who have honed their time-management skills find it easier nowadays than previously to make the commuting workable, with careers becoming more mobile and workweeks more flexible. In fact, these being the harried times they are, a good many working partners in long-distance marriages now spend as much time together as their stay-at-home counterparts.

Want to read more of this article? Go to: http://www.photoaim.com/txtct104.html

PHOTOGRAPHY IN THE NEWS

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.

Custom Stock Controversy - Where Do You Stand? - This company has stirred controversy in the photography industry because of what On Request Images calls "custom stock" and the letter writers call "assignment work done on speculation" -- that is, with no guarantee of pay.

http://www.creativepro.com/story/feature/23005.html

Digital Camera Help Website MalekTips Offers "Home Run" BASEBALL Photography Tips - The secrets to taking digital photos of big league baseball games or your "little slugger" at the plate.

http://www.prweb.com/releases/2005/6/prwebxml250612.php

Which camera does this PRO use? It depends

http://news.com.com/Which+camera+does+this+pro+use+It+depends/2100-1040_3-5740556.html?tag=nl

Passion for artifacts of rural life drives BARN photographer - Five years ago, after nearly 20 years in management, Doug Ohman quit his job to turn what began as a hobby into a career.

http://www.winonadailynews.com/articles/2005/06/12/news/03book_12.txt

What Else Do They Pack? - A Peek Inside Three Pros' GADGET BAGS Reveals More Than Photo Gear. http://www.shutterbug.com/features/0505whatelse/

Magazines' PIB AD REVENUES Gain 12.4%, Pages 3.9% for May - In May, double-digit Publishers Information Bureau revenue and page gainers included the Retail; Finance, Insurance & Real Estate; Public Transportation, Hotels & Resorts; and Media & Advertising categories.

http://www.creativepro.com/story/news/23026.html

BlueSky AERIAL photography provides nuclear industry with a historic perspective - Project Services Ltd, part of the British Nuclear Group, is using aerial photographs from the 1940's to manage, control and assess nuclear licensed sites prior to their development.

http://www.kablenet.com/kd.nsf/0/1b8c30e2d292a2208025701f002f7ca7?OpenDocument

When looking through a camera lens, Joe Bartolome finds the meaning in life, for his subjects and himself - I'm starting to see a RECTANGLE around everything," says Joe Bartolome but now that he's got a photographer's eye there's no going back, and that's the way he likes it - rectangles and all.

http://www.fosters.com/apps/pbcs.dll/article?AID=/20050612/NEWS1403/106100112/-1/CITIZEN

Photographer Christian Patterson catches MUSIC on film - Christian Patterson, an emerging photographer recognized in 2004 by PDN Magazine as one of 30 international when asked what's your best picture?, replied, "I don't think I have a best picture. I think of them as being interchangeable." http://www.memphisflyer.com/content.asp?ArticleID=13&ID=7439

Art through the lens- photography has become a tool to effect SOCIAL CHANGE and even political reform...

http://thestar.com.my/lifestyle/story.asp?file=/2005/6/12/features/11144716&sec=features

More and more people are getting hooked on digital photography. But are ANALOG dinosaurs still better sometimes?

http://news.com.com/Zooming+in+on+cameras/2009-1041_3-5740835.html?part=rss&tag=5740835&subj=news

Dead by Digital? Digital photography is exerting more and more pressure on traditional celluloid film.AGFA, once a top film company, is finding out that if it does not conform, it will only become a niche player in the photo industry.

http://www.dw-world.de/dw/article/0,1564,1606683,00.html

########################################

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.

########################################

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

To sign up for our newsletter:

http://www.photoaim.com/order.html

For information about PhotoSource International:

http://www.photosource.com/services.html

########################################

417

Next Month: Photobuyers and looking