News from PhotoSource International


PhotoAimLite		The monthly newsletter for stock photographers June ## 429



	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.

When does infringement actually happen?
Court Clarifies When a Copyright Infringement Claim Accrues

b y Joel Hecker, Esq.
The Copyright Act states that a claim for copyright infringement must be brought within the statute of limitations. That time period, as set forth in the Act, is "within three years after the claim accrued.” The courts have had difficulty in determining how to define when a claim "accrues."
We have not as yet had any clear answer to this basic question. The various circuit courts are split on the issue and even the district courts within circuits do not show uniformity. The difficulty arises in determining whether the actions accrue at the time of the infringement, which is known as the "Injury Rule,” for the time when the plaintiff or copyright owner knew or should have known about the infringement, which is called the "Discovery Rule."
This issue recently came up again in the United States District Court for the Southern District of New York, in Roberts v. Keith (March 7, 2006). The Court, in this case, stated that except for certain kinds of tolling or extension of the statute of limitations, the standard for determining accrual of infringement actions under the Copyright Act should be the Injury Rule.

A CONCLUSION
The Court came to this conclusion after an analysis of the legislative history and court decisions, including the determination in 2004 of the Supreme Court of the United States in Auscape International v. National Geographic Society. The Court relied upon the Supreme Court's position, which seems to have tipped the balance away from the Discovery Rule, that had theretofore been the more prevalent one, to the Injury Rule.
The Court also rejected that plaintiff's claim of a "continuing infringement.” This is the argument that an infringement of a given work, which commenced before the three- year period, ought to still be actionable if it is continuing and ongoing, as long as infringing activity occurred during the three-year look-back period as well. In other words, if the continuing acts occurred prior to and during the three-year period, then the infringement should be actionable, but only limited to damages during the current three years. The Court rejected this concept as not being the law.

Want to read more of this article? Go to: http://www.photoaim.com/legal134.html

Steve MacAulay

DIGITALCasinos

The popularity of casinos across the land provides us with a parallel to what’s happening for on-line stock photographers. There are some big winners. We always hear about them. We seldom hear about the losers unless chat group members crow about their unsuccesses. However, few artists or photographers like to brag about their lack of sales.
The other parallel is related to how casinos seem to multiply across the country not only in locations but also in physical size. If you’ve ever re-visited a casino, you are surprised to see how the facility has been enlarged.
On-line photo-display websites have proliferated in the same way on the Internet. Not only the sites themselves are increasing , but the numbers of images available are growing. Some sites boast that they receive 1,000 new pictures a day. My arithmetic tells me that’s 30,000 pictures a month, or nearly 11 million a year.

SOMETHING’s GOTTA GIVE

Of course not all on-line venues receive 1,000 new pictures a day, but let’s say they receive 100 pictures a day. That 's 3,000 per month, or 36,000 per year. And, let’s not forget all of those personal websites that provide a mini-on-line service to photobuyers.

Want to read more of this article? Go to: http://www.photoaim.com/gen713.html

Book Covers

Need the answer to a stock photography question? At our website http://www.photosource.com/board you'll find our Bulletin Board, called "The Kracker Barrel." Check it out. Our staff answers marketing questions; fellow photographers offer their input and experience. The following is a typical exchange.

Q: I have a pretty good understanding of the model/property release issue with editorial stock, but I do have a question. If a photo is used for a magazine/book cover, wouldn't that be considered promotional and require a model/property release?

- - - - - - - - - - - - - - -

A: Book and magazine covers have a way of becoming “quasi advertisements” when they do double duty of “hyping” the book or magazine when placed on a newsstand or in a catalog or even in an ad in, say, The New Yorker magazine.
The courts, however, have almost always considered book and magazine covers as editorial in nature, and therefore not subject to the usual conditions of advertising photography. One of the earliest cases addressing this was back in the early part of the last century, when a hod carrier on the New York waterfront, sued a local magazine for using his picture on their front cover. The magazine won the suit, and the case is often used as the example (precedent) for similar suits.
The famous Arrington case in the early ‘80’s is another significant case concerning this question. It points up how in some cases the use of a picture might be editorial in nature, but might be embarrassing to the person being photographed. Mr. Arrington, a black man, sued the New York Times for publishing a photograph of him. The Court judged that the photograph, taken in a public place, and used to illustrate
an article on the upward mobility of blacks, was not considered detrimental because Arrington’s name was not used, and the photograph was published for illustrative, not commercial purposes. The law subsequently was amended to protect freelancers supplying photographs for use as news. (1983) You can look up this case at: Arrington v. New York Times, 433 N.Y.S.2d 164 (N.Y. App. Div. 1980), modified, 55 N.Y.2d 433 (1982), cert. denied, 459 U.S. 1146 (1983).

PowerSquid
by Bill Hopkins

Here's a non-photographic gadget for your photographer gadget bag, or even for home/office use. We all know the problems with the traditional power strip. It's kinda bulky, and for every transformer block ("brick") you plug into it, you generally lose the use of the adjacent outlet. Take a look at this item. It's a four-foot power cord with 5 short pigtails that allows you to plug in a brick into each outlet, if you need to. Includes a lighted switch and 15-amp circuit breaker. It could also be useful at airports and other public places where outlets are scarce (you and the person who got ahead of you can now share the power source). Just remember to take it with you when leaving. Here's a link to Amazon, which also lists other sellers (this item is not directly sold by Amazon). http://www.amazon.com/exec/obidos/
ASIN/B000ACGE3U/photosourcefolio.com

Internet Explorer
Food for thought: Based on 85 advisories published by Secunia (www.secunia.com) between 2003 and 2005, about 25% do not yet have resolutions, and out of that 25%, about 40% could, if exploited, result in serious system compromises.

Want to read more of this article? Go to: http://www.photoaim.com/onlin169.html

IRS Changes Mileage-Deduction Rates

Stock photographers who use their cars for business travel can deduct actual expenses, a category that includes gas, repairs, license tags, registration fees, and depreciation. Or they have the option to claim a standard mileage rate that is adjusted each year to reflect inflation. The optional standard rate’s advantage is that it eliminates the extra burden of tracking actual costs; records need to be kept only of business miles driven for the year in question.
While gas is a major factor in the optional figure, the IRS also considers other items, such as insurance and the price of new vehicles. Just to be clear, the IRS defines “cars” to include vans, pickups or panel trucks.
For 2006, the standard rate is 44.5 cents per mile. For 2005, it is 48.5 cents per mile for the final four months and 40.5 cents per mile for the first eight months. The special increase to 48.5 from 40.5 reflected the surge in gasoline prices caused by Hurricane Katrina.

Want to read more of this article? Go to: http://www.photoaim.com/txtct108.html

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This week's featured photographer on PhotoSourceFolio:
Jennifer Filipink
(http://folio.photosource.com/2686)
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Your Digital Camera’s Sensor Size
by Mike Karlsson

In the early days of digital cameras, I used to recommend to people who were interested in licensing their images to purchase a Digital SLR (DSLR) with six or more
megapixels. These days I also recommend that they first look at sensor size. This is because now there are cameras on the market that are technically dSLRs, but don’t have a sensor size that is required to produce professional results.
What is the sensor in your camera, and why is size important?
As you know, a sensor is a device, such as a photoelectric cell, that receives and responds to an energy signal or stimulus, such as motion, heat, light (in the case of digital cameras, basically color and light). The sensor then produces another type of signal, usually electrical. These signals are converted (usually indirectly through an analog to digital converter, e.g. a computer and a display) so that the value sensed is translated for human understanding.
In digital cameras the sensor can be small (economical), mid-size, (expensive) and large (very expensive). The capacity of your camera’s sensor will indicate its ability to capture more information, and therefore higher resolution for your images.

Want to read more of this article? Go to: http://www.photoaim.com/sbar24.html

Wolfgang Kaehler

Digital Notes
The Culprit: Spyware

by Nathan Segal

Q: My computer is running slowly. How do I speed it up?

Part 2

In my last column, I mentioned the first-aid you can apply to a slow running computer: check the number of programs that load at the startup of your computer. If you’re running Windows, check the msconfig from the Start Menu.
If you're running a Mac with OS 9 or earlier, your programs use extensions upon starting the computer. Having too many of those running will bog down your system resources. The way to deal with that is to create different startup options so that only the programs you will need will have the relevant extensions loaded. That will improve your
system performance. However, OS 10 and later performs differently, so it's unlikely that you'll have problems there.

SPYWARE

Assuming you follow the steps outlined above and in my last column, and your computer is still running slowly, then your problem might be spyware.
For those of you who don't know what spyware is, it's software that covertly gathers user information through the user's Internet connection without his or her knowledge, usually for advertising purposes.
It resembles a Trojan horse (a virus) in some ways as users unwittingly download the software. Among other things, spyware steals resources from your computer and also eats up bandwidth. The results can be a slow running computer, system instability, and crashes.
Some spyware has the ability to monitor keystrokes, scan your hard drive, snoop your applications, hijack your web browser, and much more. Hence, the need to eliminate. Preventing future incursions on your machine is also very important, not just for performance, but your personal security.

Want to read more of this article? Go to: http://www.photoaim.com/dn7.html

When Is It Safe To Deep-Six Those Income Tax Records?

by Julian Block, Esq.
You need no reminder to hold on to your tax records in case your returns are questioned by the Internal Revenue Service. But just how long do you need to save those old records that clutter up your closets and desk drawers?
Unfortunately, there is no flat cutoff. The IRS says the answer depends on what information the records contain and the kind of transaction involved.
It supplements this vague guideline with a cryptic warning: Keep supporting records for "as long as they are important for the federal tax law." Translated from governmentalese, this means you should save receipts, canceled checks, and whatever else might help support income, deductions, exemptions, credits, exclusions, deferrals and other items on your return, at least until the expiration of the statute of limitations for an audit or for you to file a refund claim, should you find an error after filing. The statute of limitations is the limited period of time after which the tax gatherers are no longer able to come knocking and you cannot recover an overpayment.

Want to read more of this article? Go to: http://www.photoaim.com/txtct107.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.

Steve Robertson
November 7 – December 29, 2005
Vietnam, Cambodia, Laos
December 19 – January 13, 2006
Bangkok, Pattaya, Thailand

Donald Keith
November 9 – November 14, 2005
London, Tel Aviv

Sayyeda Garcia
October 30 – April 10, 2006
Italy, La Maddlena, Palau, Olbia

Diana Sabreen
January 9 – April 18, 2006
Thailand

ON-LINE
by Bill Hopkins

Reading Windows e-mails on Macintosh
Normally, there is no problem when Windows users send e-mails with attachments to Mac users. But sometimes the Mac user gets the attachment as a "winmail.dat" file and can't open it, or it looks like gibberish. This can happen when the Windows sender uses Microsoft Outlook and sends the attachment as a rich text file.This is often the result when Microsoft Office gets installed, as Outlook is part of the Office suite (not to be confused with Outlook Express, which is part of Internet Explorer). One solution is to have the Windows sender change the settings. Another approach is to download a free Mac program called TNEF's Enough (TNEF: Transport Neutral Encapsulation Format, a proprietary format used by Microsoft Exchange and Outlook e-mail clients). It will allow Mac users to decode the winmail.dat file. You can download it from various places by searching the Internet for "tnef enough." Here is one source: http://www.macupdate.com/info.php/id/12705.

Library of Congress's Digital Library
Building on existing digital documentary projects, the Library of Congress is working with other nations' libraries to build a World Digital Library. It will focus on creating digital records of global cultures. Naturally, the project is seeking global sponsors, and Google has jumped in with a $3 million donation. Yes, the same Google that is in a copyright battle with the Authors Guild and other publishers seeking to block Google's plan to create an online catalog of copyrighted works. Google has agreed to work with the Library on developing standards for indexing digital collections. Take a look at some of the Library's projects such as the American Memory Project (http://www.loc.gov/memory) and the Global Gateway, a collaboration with five national libraries in Europe and Brazil focusing on ties between those cultures and the U.S. (http://international.loc.gov/intldl/find/digital_collaborations.html).

Want to read more of this article? Go to: http://www.photoaim.com/onlin164.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.

Park Service CHARGING FOR PHOTOS at monuments - Under a new policy that began May 15, the Park Service is requiring a payment of $50 to $250 from groups that hire commercial photographers to snap pictures at some of the
390 monuments, parks and historic sites it oversees.
http://www.wilmingtonstar.com/apps/pbcs.dll/article?AID=
/20060609/NEWS/606090344/-1/State

Does your CHURCH use stock photography for its marketing projects? http://www.churchmarketingsucks.com/
archives/2006/05/stock_photograp.html

Online photo print service site from AOL - AOL announced today a partnership with Walgreens that will enable users of its free AOL PICTURES online photo service to order prints online and then pick them up at virtually any of the more than 5,200 Walgreens locations across the US.
http://www.letsgodigital.org/en/8482/online_photo_print_aol/

BATTERIES that recharge in seconds - Researchers at the Massachusetts Institute of Technology have developed technology to produce batteries that can be recharged in seconds, rather than minutes or hours, and that will not wear out or suffer from any memory effect.
http://www.ephotozine.com/news/fullnews.cfm?NewsID=3043

Photography and TOURISM are bedfellows - Katsriku, Chief Director of the Ministry of Tourism and Diasporean Relations said, the best way to sell Ghana abroad was through pictures, both still and video, adding; "Ghana is undersold.
http://www.ghanaweb.com/
GhanaHomePage/entertainment/artikel.php?ID=105589

Pocatello photographer returns from IRAQ to tell story - Bill Schaefer spent the last two months embedded with the Pocatello soldiers,1016th convoy for the 2 months he was in Iraq.
http://www.kpvi.com/index.cfm?page=nbcstories.cfm&ID=2890

DISPOSABLE CAMERAS defy film's march to obscurity - In the United States, the world's largest photo market, about 202 million disposable cameras were sold last year. That is down from 2004 but defies the more than 20 percent annual shrinking of the color film market as consumers go digital.
http://news.com.com/Disposable+cameras+
defy+films+march+to+obscurity/2100-1041_3-6081362.html

Fire hazard sparks recall of HP DIGICAMS - HP R707 can cause certain non-rechargeable batteries, such as the Duracell CP-1, to overheat when the camera is connected to an AC adapter or docking station, posing a fire hazard," according to a statement released by the CPSC.
http://news.com.com/Fire+hazard+sparks+recall+
of+HP+digicams/2100-1041_3-6080485.html

Lifetouch buys Jostens' SCHOOL PHOTOGRAPHY business
http://www.bizjournals.com/twincities/
stories/2006/06/05/daily38.html?from_rss=1

Singular MOMENTS frozen forever in time
http://www.delawareonline.com/apps/pbcs.dll/article?
AID=/20060612/LIFE/606120329/1005/RSS04

Taking their best shots…young photographer EMILY HARNEY
develops an eye for the fight game, and a niche for herself
http://www.boston.com/news/local/
articles/2006/06/11/taking_their_best_shots/

International Photo COMPETITION Hits Wellington
http://www.scoop.co.nz/stories/CU0606/S00089.htm

Past Year Brings Top Honors to Getty Images Photographers - "With more than 50 current Getty Images photographers winning recent awards, the number and diversity of awards our photographers have received is a testament to the high-quality work that they produce every day," said Jonathan Klein, CEO of
Getty Images. http://www.creativepro.com/story/news/24346.html

SIZE doesn't matter to friends
http://www.csmonitor.com/2006/0612/p18s04-hfes.html

The Summer Sale is on!
TAKE ADVANTAGE of this ½ price.
PhotoDaily
Photo needs listings
Buy the first year at the regular price.
Get the second year at half price!
Deadline is July 15th
https://www.photosource.com/products/pd.php

Nate Bacon

GOODSTUFF

THE LOST ART OF WILDLIFE PHOTOGRAPHY, with Moose Peterson, famed nature photographer. August 28 - September 1, 2006. “The lost art is the telling of the stirring story of those sharing the planet with us, whether it's in just one photograph or a series of photos.” Tuition $1,000. Contact: Sundance Photographic Workshop, 66 Chebacco Road, South Hamilton, MA 01982. Phone: 1 800 287-1977. E-mail: hilary@sundanceworkshop.com. Web: http://www.sundanceworkshop.com
/workshops/0806_mp.html .

GETTING STARTED WITH ADOBE PHOTOSHOP ELEMENTS (Digital Quick Guides series), by Michelle Perkins. Designed to avoid technical jargon and complicated processes, this beginner’s manual presents each tool and feature of Adobe Photoshop Elements in short, easy-to-digest lessons that facilitate rapid learning. Every phase of the printing process is covered, including how to use light correctly, sharpen images that are not quite focused, remove dust and scratches from scanned photos, eliminate red-eye, and crop and resize images. (ISBN: 1-58428-164-2; $14.95) Contact: Amherst Media, 175 Rano St, Ste 200, Buffalo, NY 14027. Phone: 1 800 622-3298.Fax: 1 800 622-3298. E-mail: marketing@AmherstMedia.com.

Dee Breger

NATIONAL GEOGRAPHIC GUIDE TO THE NATIONAL PARKS OF THE UNITED STATES, 5th Ed., from National Geographic Books. Featuring 80 all new maps and more than 350 photos, this guide is the most comprehensive, up-to-the-minute book of its kind on the market today. Itineraries and directions, special activities and advisories, and suggestions of hotels and campgrounds are provided, along with scores of ideas for excursions to nearby wildlife refuges, monuments, and other nature areas of exceptional interest. (ISBN: 0-7922-5322-1; $25) Contact: Penny Dackis, National Geographic Books, 1145 17th St NW, Washington, DC 20036. E-mail: areeves@ngs.org.

PRINT LIKE A PRO: A Digital Photographer's Guide, by Jon Canfield. This book shows you how to easily enhance and prepare your digital images for printing. Step-by-step instructions and tutorials coupled with full-color images and screenshots explain how to use Adobe Photoshop CS2 or Photoshop Elements for color management and correction; editing images for printing, including properly sizing, sharpening, and converting to monochrome; to fix lighting; and more. (ISBN: 0-321-38554-3; $39.99) Contact: Peachpit Press, 1249 Eighth St, Berkeley CA 94710. Phone: 1 800 283-9444. Fax: 1 510 524-2221. E-mail: ask@peachpit.com.

Paul Kuhn

Do your CD's need more Attention?
Give your CD's special attention by delivering them in PhotoCADDY, a durable vinyl case with dust-proof snap closure. 7 3/4" X 3/4" X 5 1/2". The left side contains your CD, the right side provides room for your press release, sample photos, or other promotional materials. Design your own cover insert. Available from http://www.DigiPicTools.com/

TRAVEL TIPS

Free Travel Trips
Q Who sponsors free trips and other free benefits for travel writers? How does one retain independence and integrity as a writer in these circumstances?
M.O'S., Dublin
A Tourist boards and travel companies are the main sponsors of press trips. It is vitally important that travel writers maintain their objectivity at all times, and particularly when they are writing about locations they've been hosted at for free or at greatly reduced cost.
There are a number of approaches you can adopt to ensure you maintain independence in your writing. For example, if you come across something you don't like, rather than write it up as if you did like it, you can: 1) write a critical review; 2) mention only good aspects of your experience and ignore the less desirable points;
3) straightforwardly review both the good and "bad."
Which approach you take will depend on the type of writing you wish to focus on (do you wish to be known for writing critical reviews?) and the overall experience - were there sufficient good points to mention that the few shortcomings were minor to the overall experience?
If you intend to write up a story about a travel experience, you can't omit to mention any major shortcomings that might influence a reader's decision on whether or not to visit the destination. Under no circumstances can you write up a bad experience (in your estimation) as a good one.
Essentially, it boils down to being professional at all times and in all your dealings. If a writer isn't professional and objective, editors will soon realize that their articles lack accuracy (readers will complain!) and these writers won't find themselves very busy in future.
Source: Freelance Travel Writer newsletter. Hermitage Media, 19 Stephen Court 52, Victoria Drive, London SW19 6BD, U.K. default@freelancetravelwriter.com $147/ £97 per year

Beryl Goldberg

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Travel photographers will find profitable
information in the newsletter, TravelWriter
Marketletter, founded by Robert Scott Milne.
For info: mimi@travelwriterml.com.
Ask for a sample to be sent to you.
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Should I Move to “Digital” ?

With the recent announcement from Kodak that they will no longer produce B&W paper, and from Nikon that they will discontinue most of their ‘film’ cameras, and the announcement from Konica Minolta that they will be exiting the the camera business, a lot of photographers feel disenfranchised.
Yes, painters in the 19th century must have felt the same way when the camera obscura came along. Back then, some artists continued using the same medium (oil, watercolor, tempera); others moved to the new medium, photography. But few put down their brushes and quit altogether. The passion was still there.
Digital is only one medium for the expression of artistic talent.
Analog photography will continue, especially B&W, as long as people appreciate good art. The challenge for photographers today who want to support themselves with their photography, is to re-tool and move over to digital. It’s costly and it’s time-consuming to learn. However, those who have made the move have reported it’s well worth it.
Here at Photosource International, we can attest that more and more buyers prefer digital submissions--at the least, thumbnails--to display what’s available. The direct download of digital files is the next step, and it’s coming fast.
If you master this part of the equation (submitting hi-res pictures to your markets when required), you will be well on your way to being a part of the 21st century way of dealing with photobuyers. No one ever said freelancing was easy. –RE

Do you need to know address and e-mail changes of photobuyers? Then you should subscribe to the weekly PhotoStockNOTES.
For more information:
--http://www.photostocknotes.com/

James Parker

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.mailerco.com . Phone: 1 800 872-6670. Fax: 1 847 731-2603.

SHOOTERS

John Gordon won 1st and 2nd Honorable
mentions in Scuba Diving Magazine, and
a 1st and a 3rd place in Beneath the Sea magazine.

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Are you using a LightBOX to respond to photo
requests? If not, as a subscriber to one of our marketletters or PhotoSourceBook, you have Free access to our PhotoSource LightBOX. A tutorial can be found at
http://www.photosource.com
/account/lightbox/tutorial/
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A new way to make sales…
Check out www.photosourcegroup.com

Improve your bottom line. Each day your images are not on-line is a missed opportunity for sales.

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DO YOU LIKE OUR NEWSLETTER?
Give us a quote. Let us know what you
think. Send us a brief note.
Attn: “Quotes” daisy@photosource.com
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Better Information
1.) Tell me how I can get this same information in PhotoAimLITE, but a whole month earlier. https://www.photosource.com/
products/psn.php

O 1 800 624 0266

O Tell me about the PhotoSourceGROUP image-display site gallery of stock photos and how I can post 500 of my images for editors to buy. http://www.photosourcegroup .com/ 1 800 624 0266

O Tell me how I can sign up for a 1/2 page ad in your PhotoSourceBOOK desk-top directory that is distributed free of charge to 3,000 photobuyers for use every day of the year. www.photosourcebook.com 1 800 624 0266

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

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email: info@photosource.com web: http://www.photosource.com