Key words in this issue: Lost Slides | Delivert Memo | Value |Officials | Security | Office Work | Library of Congress | Copyright Law | Losers | Homework | Marketing | Specialize | Budget | Branding | Play | Memory Card | Photoshop | Mac | LCD Monitor | Calibration | Travelers Abroad | Accuracy | Recall | Internet | Service | Photo Search |

News Words: Printing Black and White Images | Books Reviewed | Break through Chip Delivers | Entirely Digital | Gallery-Quality Digital Photos | Snapped John Lennon | Film Stands Superior | One Good Eye | Focus on Digital | Dutch Photographer | Navajo Traditions

	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.

Who decides?
The Value of Lost Slides
by Joel Hecker, Esq.

I have previously reported on cases involving loss of slides and questions of evaluation, and on other cases involving copyright infringement. A new case in Washington State now has both!
The case involves Chase Jarvis, a photographer engaged in outdoor sports and active lifestyle photography, and K2, Inc. and its subsidiaries, the maker of skis and other sporting goods equipment.
The photographer had a relationship with the defendant for a number of years and provided photographs for limited use. They had both oral and written contracts depending upon the time frame and photographs concerned. At issue in this case were two written and various oral contracts.
The written contracts each contained a clause that stated that it constituted the entire agreement of the parties and could only be modified in a writing signed by the parties. This of course is a standard type clause and is called a "fully integrated contract". This is important because the photographer, after completing each photo shoot, submitted the images along with a standard Delivery Memo which provided for the customary $1500 per image liquidated damage clause in the event of loss or damage.
The Court found on the loss claim that 396 slides had not been returned but that the Delivery Memo containing the $1,500 evaluation could not be considered because it constituted an unacceptable oral modification of a written contract. Since the integration clause of the contract did not permit oral modifications, the Court found that the Delivery Memos, which were not negotiated in advance nor accepted by the defendant, were not admissible.
The Court then went on to consider fair market value of images used by the photographer, taking an average of licenses granted for various markets and various uses within the markets. The photographer's expert witness testified that it was impossible to know the value of the lost slides and what their potential value in the future might be. This was in part because the photographer was not able to identify which slides in particular were missing from all those submitted (a substantial portion of the submissions were in fact returned). In addition, the expert testified that perhaps 90% of the lost slides might have no value.
As a result of this and other evidence, the Court concluded that while some of the missing slides were potentially very valuable and might have generated thousands of dollars in licensing fees, others would have no value at all. The Court concluded that for all but one of the images the average value was $500. The one exception was where the defendant acknowledged that $1,500 was due and in that case the Court granted $1,500. The total awarded for the loss of slides was $199,000.

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How to Handle the Officials

The scene: an important college football game, and you're arriving to get photos of the opening kick-off both for your stock file and an assignment. You'll leave as soon as you get the pictures -- so you have no reason to pay admission. You want to sell your photos. You enter by a side gate and you are met by an attendant with a officious,"Where do you think you're going?" expression.
You don't want to allow this fellow to steal precious minutes from you, so you attempt to ignore him. You walk right past him. "Wait a minute!" he says, insulted that you have not recognized his importance. He has the right to detain you, and he does -- long enough that you miss the kick-off shots.
Sound familiar? It is, unless you have learned this stock photographer secret: "Officials: Handle With Care."
HANDLE WITH CARE
As photo illustrators, many times to get our pictures we have to first get permission from someone. Security is getting tighter and tighter in many sectors, and it's sometimes understandable that because of past abuses -- or the increase in population -- it's necessary to screen who takes pictures of what. You'll encounter officials in many forms: gate keepers, receptionists, policemen, bureaucrats, teachers, secretaries, security guards. You'll even encounter unofficial officials: janitors, ticket takers, bystanders, relatives of officials, etc. But no matter who presents her/himself as an 'official' (barrier) to your picture-taking, handle them with care and allot that amount of time you sense will satisfy their "need" to detain you.
One of the easiest officials-eliminators is the "I need your help" statement. In the case of the football gate attendant, you say, "Could you help me? I need to get a picture of the kick-off (you look at your watch) for _______ (your assignment or name of publication) -- could you tell me the quickest way to the 50-yard line?"

Want to read more of this article? Go to: http://www.photoaim.com/ed63.html to sell your photos

COPYRIGHT... It Costs You Nothing...

In my seminars and workshops I ask the audience members, "What does it cost to copyright an article, a song, or a photograph?"
"$30!" a veteran editor says.
"$10!" another corrects him.
"$100, plus attorneys fees..." another says.
They're all wrong. It's free.
Copyrighting anything you have created costs you nothing. You simply put ‘Your Name 2005’ (2006, etc.) on it, beside it, or wherever the public can read it, and the act of copyright is done. It's free -- a gift from your government.
You've probably heard that registering your copyright costs you $30. Yes, that's true, there is a $30 dollar fee if you choose to formally register your song, short story, photograph, painting, or whatever. You fill out Form TX for the written word, or form VA for graphic creations, such as photographs. Send in two copies of the 'work', plus your $30 dollars, to the Register of Copyright, Library of Congress, and your work will be entered into the archives and you will be in a better position to collect compensation in case of copyright infringement.
However, your work is still protected when you simply place a (c), plus your name or the name of your publication, on your masthead of your periodical, or over one of your thumbnails on the web.

Want to read more of this article? Go to: http://www.photoaim.com/05rb23.html

##################################
MORE SALES. When you sell a stock photo
from your file, it’s like finding money.
Many photos in your file languish there because
photobuyers don’t know they are there.
What if there were a way to broadcast their
availability? And it would cost you no
more that the average sale price you’d get
for one of your photos ? In December, many
stock photographers will begin to realize
profits from images that are in inventory, but
not getting the exposure they need. The
PhotoSourceBOOK will be the key to multiple
sales of your images. Watch for more notices.
We’ll let you know how you can be on an
photobuyers desk 365 days a year.
##################################

Start Today

"I have a great product, and I know exactly where it can be sold at this moment. But the only thing standing between me and seeing my product in national circulation is procrastination." Have you heard this before?
By applying the same management techniques that are used by successful businesses, you can move your stock photography operation forward. Here are some self-management principles for the small business entrepreneur:

GET IT DONE. It's easy to slip into the habit of narcoticizing yourself with the evening news or a sitcom. Change your habits. Buy a $4.95 quartz alarm to beep the same time every evening to remind you and others in your household that it's "Marketing Time" -- in others words, time to devote some specific time to getting your business off the ground.
DO ONE THING WELL. Creative people often do themselves in because they are talented in many areas -- music, writing, painting, crafts, and so on. Choose one, and begin today to develop just one area of your creativity.
ASK AROUND. Don't reinvent the wheel. There's a goldmine waiting for you in the neighbor or friend or acquaintance who's already been there. He knows the pitfalls, barriers, and obstacles, especially if he's failed. Everyone loves to be an expert. Weigh their opinions against others’, and then come to a consensus. If you don't want to consult a local competitor, phone someone in another like-sized city who is traveling the same highway.
ELIMINATE THE LOSERS. Take time to analyze what's working for your business and what's not. Parts of your business are moneymakers, others are not. Don't let sentiment or the tired phrase, "We've always done it this way," drag you down.
LOOK LIKE A PRO. Too many entrepreneurs feel that because their product is good, it should sell. Not so. A "better mousetrap" will not insure your product's success. Employ packaging techniques. You don't get a second chance at a first impression. If you want first class sales to your clients, give them first class treatment. Build a quality website. Invest in deluxe stationery, labels, and product packaging.
DO YOUR HOMEWORK to sell your photos, Jumping in with two feet and enthusiasm is fun and romantic, but unless you've checked to see if water is in the pool, you're in for some disappointments. If your enthusiasm is still high after you've done your research, you've got a winner.

Want to read more of this article? Go to: http://www.photoaim.com/05rb20.html

The Memory Card:
“Color Me Accurate”
by David Arnold & Gail Rutman

Is what you see when you submit an image what photobuyers see when they open it on their monitor? Unless you’ve calibrated your monitor with a hardware-based calibration system, the answer is almost certainly no.
You already have a basic calibration tool. With Windows you can use the Adobe Gamma utility that’s built into both Photoshop and Elements (Start > Control Panel > Adobe Gamma). If you’re on a Mac, you have the built-in Display Calibrator Assistant (System Preferences > Displays > Color). Simply view a series of colors and patterns that are displayed on-screen, and adjust your monitor settings based on them. This approach, however, relies on the world’s most imprecise calibration device: the human eye.
Accurate calibration requires a precision measuring device, typically a colorimeter. This hardware device is placed on the screen of your CRT or LCD monitor. The accompanying software then displays a series of squares of known color and luminosity, and tracks the discrepancies between how they should appear and how they actually appear. The software then generates and stores a profile that your video card uses to correct the appearance of your images. The calibration process just takes a few minutes, and since monitors drift over time should be repeated periodically.
Calibration hardware, along with the software that walks you through this process, is available from ColorVision (www.colorvision.com), Digital Light and Color (www.dl-c.com), Monaco (www.xritephoto.com), and Greytag-McBeth (http://na.i1color.com). We tested units from two of these companies—Digital Light & Color’s Profile Mechanic, and ColorVision’s Spyder2—on one CRT monitor and two LCDs. Both units gave impressive results, but the Spyder2 had better documentation and was easier to use. On the other hand, the most thorough laboratory tests we’ve seen (The Seybold Report, 1/26/05) found Profile Mechanic’s monitor profile the most accurate.

Want to read more of this article? Go to: http://www.photoaim.com/mcard19.html

TRAVELERS ABROAD

Photographers: We broadcast your foreign destinations along with contact
information, departure date, length of stay, etc. Contact PhotoStockNotes
(1 715 248-3800) at least two months in advance.

Robert Ahrens
October 19 – October 29, 2005
Buenos Aires, Argentina
November 5 – November 20, 2005
Rio De Janiero, Brazil

Steve Robertson
November 7 – December 29, 2005
Vietnam, Cambodia, Laos, Thailand

ON-LINE
by Bill Hopkins

The Sounds of Typing
Researchers at the University of Berkeley, CA, have been able to figure out what's been typed on a computer keyboard just by listening to the sounds made while typing. They fed the sounds into a computer, and using an algorithm they developed for deciphering the acoustic signatures, were able to determine what was typed with a 96% accuracy! They used no special recording equipment, and the algorithm was adaptive and able to filter out background sounds such as music or ringing cell phones, and to handle multiple people typing simultaneously. While this "acoustic snooping" technique may be more likely utilized for corporate espionage or spying on top-secret installations, such usage may now or in the future be used to extract your personal information as it's being entered into databases by those big data aggregators, or other institutions such as banks, brokerage firms, and insurance companies. The list could be endless.

The Unannounced Recall
Been having problems lately with your digital camera or camcorder? Problems with distorted or blank images in the viewfinder or display, perhaps? The problem may be in the imaging chip, and if so, you can probably get it fixed for free. The defective chip was made by Sony between 2002 and 2004, has since been discontinued, but cameras containing the chip may still be on dealers' shelves. Equipment from Sony, Canon, Konica, Minolta, Rico, Fuji, Nikon, and Olympus are among makers of the over 80 models of cameras, camcorders, and hand-held computers that may contain the chip. Hot and humid environments increase the likelihood of chip failure. These companies have promised to repair the camera for free (or replace it at their discretion), provided the problem is in the imaging chip and the chip has failed. If you have a camera with this chip that has not failed, you're out of luck until (or if) it fails. Check the respective company's websites for a listing of affected models. As an aside, we all know that major manufacturers (and not just camera makers) sometimes share parts made by others. This is especially true with complicated computer chips. And we also know that they don't generally reveal this "little secret," which was the case here with the imaging chip. The commonality was first revealed by www.imaging-resource.com, which among other things, contains reviews of digital cameras. You can check out their listing of affected models at http://www.imaging?resource.com/badccds.html. More power to the Web!

Want to read more of this article? Go to: http://www.photoaim.com/onlin163.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.

Photography How-to: PRINTING BLACK AND WHITE IMAGES - The digital world is not kind to those of us who crave the graphic punch of black-and-white photos. So what's a creative pro who prefers the world in shades of gray to
do? http://www.creativepro.com/story/feature/23701.html

Christmas Special: Photography BOOKS REVIEWED - In case you hadn't heard, photography is going through a crisis at the moment, a spell of spiritual self-doubt. http://enjoyment.independent.co.uk/books/reviews/article332684.ece

BREAKTHROUGH CHIP DELIVERS Better Digital Pictures For Less Power - "These two technologies may work together or separately to greatly reduce the energy cost of capturing a digital image," says Bocko. "One is evolutionary in that it pushes current technology further. The second may prove to be revolutionary because it's an entirely new way of thinking about capturing
an image in the first place." http://www.photonicsonline.com/content/news/article.asp?docid=%
7b31C56DA8-3856-4427-A6E2-6A8E6CFFCEBA%7d&VNETCOOKIE=NO

Imagine a paper without pictures - Today, photography at the Daily News is ENTIRELY DIGITAL. A photograph can be ready for print in less than a minute - much faster than it took early photographers to set up their camera. http://www.winonadailynews.com/articles/2005/12/11/
news/01photos.txt

Create GALLERY-QUALITY DIGITAL PHOTOS with Digital Art Photography For Dummies - In Digital Art Photography For award-winning journalist and photographer Matthew Bamberg, covers the steps and techniques needed to take and print gallery-quality photos with digital equipment. http://www.creativepro.com/story/news/23722.html

Lennon bed-in photographer dies - Gerry Deiter, who SNAPPED JOHN LENNON and Yoko Ono at their 1969 Montreal bed-in for peace has died, just a day after the 25th anniversary of Lennon's murder. http://www.cbc.ca/story/arts/national/2005/12/11/
Deiter-Obit.html?ref=rss

Magical moments - John Lambing believes FILM STANDS SUPERIOR to digital and that patience is the best ally in landscape photography. http://www.helenair.com/articles/2005/12/12/
montana_top/a01121205_03.txt

Digital photography gets kids into history - Photographer/author Michael S. Class has written a marvelous American history book for children that is factual and fun. http://www.pennlive.com/entertainment/patriotnews/
index.ssf?/base/entertainment/1133950810167220.xml&coll=1

A Million Memories - Michael Pigeon, Sun photographer, retires after 36 years. His ONE GOOD EYE served him and The Sun's readers better than the two that other photographers have at their disposal. http://www.lowellsun.com/local/ci_3297223

Macworld Expo 2006: FOCUS ON DIGITAL Photography
A sample of those exhibiting companies include: Adobe, Canon, Nikon, Olympus, Quark, FileMaker, Lowel-Light, HP, Epson,
http://www.macobserver.com/article/2005/12/12.4.shtml

DUTCH PHOTOGRAPHER John Lambrichts holidayed in Malaysia five years ago to get his mind off his first photography project but never imagine it would start a second one ttp://www.mmail.com.my/Current_News/MM/Monday/National/
20051212095011/Article/index_html

Honoring NAVAJO TRADITIONS in photography
http://www.gallupindependent.com/2005/dec/121005ntp.html

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