CopyRight Infringement

From: SteveS ^lt;[email protected]>
Date: 12/19/04-12:02:08 PM Z
Message-id: <000f01c4e5f4$dc1ff7c0$7e04e4d8@VALUED65BAD02C>

PhotoAimLite monthly newsletter for December ## 411I forward this for two reasons: 1) to archive copyright information for this list and 2) to have the members of this list become aware of Rohn Engh and his valuable service.

Engh is the definitive author on the value of stock photography. Many times members of this list have asked about the value of their photographs. Engh has published tables that answer this question in detail.

Let us all look forward to many years after this date, into the new millennium.

Steve Shapiro, Carmel, CA
----- Original Message -----
From: Rohn Engh
Sent: Friday, December 17, 2004 11:40 AM
Subject: CopyRight Infringement


Key words in this issue: Copyright Infringement Damages | Appeal | Statutory Damage | Raw Image | Pixels | Kodak 14N | Travel | Traffic Rating | Alexa | Officials | Ebay Selling | Color Ad | South Africa | Edward Weston |

Newswords: Stock Photo | Rainier | Aesthetic | Laws | Commercial | Northern Island | Character | U2 Photo

| Ski | Gift Guide | Photo Book | On-Line Photo Albums


## PhotoAimLite monthly newsletter for December ## 411


PhotoAimLite, the monthly newsletter from PhotoSource

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As you are probably aware, the 1976 Copyright Act authorizes the Court, in its discretion, to award statutory damages of up to $30,000, which may be increased up to $150,000 per infringement, if the infringement is willful. To be eligible for statutory damages, a plaintiff must, of course, have registered the underlying image prior to the infringement or within three months of first publication.

The U.S. Court of Appeals for the First Circuit (comprising Maine, Massachusetts, Rhode Island and New Hampshire), in reversing the District Court, has changed the prevailing interpretation of measuring statutory damages under the Copyright Act for at least those states comprising the First Circuit.

The case, Hernandez, et al v. Sonolux Records, involved the production of 186 recordings of two copyrighted songs by Guillermo Venegas-Lloveras, a noted composer, on sixteen different albums. After the defendant defaulted, a judgment was entered for statutory damages of $1.6 million. This was calculated at $100,000 for each of the sixteen albums.

The defendant moved to set aside the default and the damage award on the grounds that the Court erred in its calculation. A second judge denied the motion to set aside the default, but reduced the award to $200,000, using the defendant's theory of calculation. Both sides appealed.

The issue on appeal involved the Copyright Act provision for recovery of statutory damages, when the party is eligible, which states that a plaintiff may recover such damages "for all infringements involved in the action with respect to any one work, for which any one infringer is liable personally."

The second District Court Judge, and the Circuit panel, interpreted this statutory language as basing damages upon the number of works that are infringed (in this case the two songs), and not on the number of infringing works (the sixteen albums).

The Circuit Court upheld the default, and the theory of calculating damages, but remanded the case to the District Court for a recalculation of damages since the first judge might have awarded up to $150,000 per infringement (and not $100,000) if he had known there were only two infringements.

This decision is limited to statutory damages. If actual damages are greater, a plaintiff may still seek the higher award. Although this decision is only law in the First Circuit, its reasoning may be followed by the other courts. Since the law is still evolving, we may probably hear more on this in the future.

Attorney Joel L. Hecker lectures and writes extensively on issues of concern to the photography industry. His office is located at Russo & Burke, 600 Third Ave, New York NY 10016. Phone: 1 212 557-9600. E-mail:


Raw or JPEG?

by David Arnold and Gail Rutman

When photographers went from black-and-white to color, most stopped doing their own developing and printing, thus gaining convenience, but giving up the power to control the processing of their photos. Digital has brought that power back. Higher end digital cameras now give you the option of shooting in either a raw format, where you control the processing decisions, or JPEG, where your control is limited. Raw means more time at the computer, but can yield higher quality, and thus more saleable, photos.

Recently, in Outdoor Photographer, George Lepp argued that "If a JPEG is made under normal conditions and exposure is on the money, you'd be hard-pressed to tell it from a raw image that you spent considerable effort to optimize." Those are pretty big ifs. What are "normal conditions?" The conditions editorial stock photographers face often involve excessive contrast, non-standard color balance, and lighting situations that can fool even the best meters. And how often is your exposure "on the money?" Certainly under highly controlled studio conditions, but that's not where most of us shoot.

Raw images retain all the data the camera records, and in a 12 or 14-bit format. This will allow you to make dramatic exposure and white balance adjustments without sacrificing image integrity as you convert to, and work in, a 16-bit format. With JPEG, however, the camera does the conversion, interpolating and ultimately discarding precious pixels to give you an 8-bit image to work with. This translates into 256 brightness levels instead of 65,536, and results in rougher transitions and decreased quality when you adjust brightness or color, bring out shadow detail, etc.

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TRAVEL PHOTOGRAPHY: Making It Work, with Sharon Collins. January 10 - 15, 2005. Geared for the serious amateur and to those interested in selling their work, this course will cover many of the practical aspects of travel photography. Cost: $375 non-member, $350 member. Material fees: $25. Registration fees: $30.
PHOTOGRAPHY I, Digital, with Christopher Giglio. January 17 - 21, 2005. This course is designed for students who are new to both photography and digital media. The curriculum covers digital camera systems, as well as the basics of using imaging software on a Macintosh computer. Cost: $775 non-member, $750 member. Material fees: $30. Registration fees: $30. Contact: International Center of Photography, 1114 Ave of the Americas, 43rd St, New York, NY 10036. Phone: 1 212 857-0001. Fax: 1 212 857-0090. E-mail: [email protected] . Web: .


This past September, 50 photographic books were published, one for each of the 50 states, under the stewardship of project directors Rick Smolan and David Cohen. You can customize any of the America 24/7 State Books with your own photo on the cover. Simply upload your digital picture to 24/7 media, and receive a personalized dusk jacket to wrap around your state book. Cost: $7.95 plus $2.95 S&H. For more information visit the website at . E-mail: [email protected] .


Upsize the Future Upside

A digital problem, hopefully soon to disappear, is that many photographers have been using digital cameras which produce output files that are just too small for magazine use. A colleague has just fallen foul of this having spent six months in Bolivia and Peru where he had taken lots of really nice pictures but at such a low file size as to be virtually unusable. Unfortunately he used a small megapixel compact, so has had pictures for his articles rejected by editors.

My colleague was certainly despondent but I cheered him up by suggesting that it won't be long before there is software which will mean that such images can be upsized without any severe degradation. We must surely get to this, as computers, cameras and peripherals are reaching the point where it is no longer financially worthwhile trying to get that extra small percentage of improvement. I have been told by a couple of photographers already, that the latest Kodak 14N delivers results equal to medium format, no doubt due to its full frame. One is a photographer who shoots architecture and corrects perspective in Photoshop afterwards. When other reluctant manufacturers, notably Nikon and Fuji, move to full rather than half frame, it might well mean the end of further sales, so they are spinning it out for as long as possible, I guess.

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This all impacts on me as a travel photographer. I now use digital for what it's good for, and film for the rest, horses for courses. So any low-light shooting is great with digital, but for scenics I'll stick with film a bit longer. One major reason is that the link between the camera and computer as regards backup is still a problem, for me at least. I recently read about a wildlife photographer who takes all the usual camera equipment plus two portable hard drives for backup plus a laptop for even more. I have no idea how anyone in this post 9/11 security-conscious era gets all that onto an aircraft as carry-on baggage with a 7kg maximum allowance, but would love to know!

I am about to shoot in Japan again, and have bought a Innoplus Phototainer 80GB portable hard drive, so hope this will last a bit longer than the seven days the Nixvue Vista did, on which I lost 250 images.

Happy Shooting!

Jeremy Hoare is a freelance travel photographer residing in London, England. Phone/Fax: +44 20 7722 2065. E-mail: <Web:>.

Travel photographers will find profitable information in the newsletter, TravelWriter Marketletter, published by Mimi Backhauser. For info: . Ask for a sample to be sent to you.


Top Company Names in the Stock Photo Industry

How do they rank webtraffic-wise? And how does PhotoSource International stack up in comparison?

In the stock photography world, there are several "large revenue" companies. Their direct involvement with stock photography ranges from total focus, -- to stock being one segment of their operations. While PhotoSource International doesn't match revenues with these companies, we find it significant that our website is ranked near the top as documented by the rankings system of Alexa. com.

The following are listed from first ranked to last, as of October 2004.

859 Getty Images

2,085 (Jupiter)

3,088 Corbis

3,272 (Jupiter)

3,773 Fotosearch

10,867 Comstock Images

14,382 Alamy

23,287 (Jupiter)

26,449 Veer

29,061 Index Stock Imagery

42,233 PhotoSource International

44,709 PictureQuest

46,619 MasterFile

53,977 A.G.E. FotoStock

66,117 Creatas

68,090 Digital Vision

74,259 Photonica

84,972 JupiterImages

89,078 Thinkstock (Jupiter)

121,050 Iconica Limited

131,181 Stockbyte

134,911 ImageState

153,553 PDNonline (VNU)

238,093 AGPix

267,603 Science Photo Library

306,539 HFP Photos

346,228 IPNstock (VNU)

438,599 Mira

444,870 PhotoServe (VNU)

503,457 Orion Press

538,456 Stockindex

1,025,008 a21.Inc.

1,123,789 StockPhotoRequest

1,151,330 Zefa Visual Media

1,306,532 FutureStock

3,493,001 StockPhotoFinder

[There are many other fine companies out there that deal with stock photography. If you are dealing with one of them, or plan on dealing with one you've never heard of, you can make an analysis by joining is a free service owned by With an installed base of well over 10 million toolbars, the Alexa traffic rankings represent the largest and most global sample of Internet usage available in the world. The traffic rankings can be seen, on a per-site basis, for free at


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 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."


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:

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



INTERNET 101, by Constance Smith and Susan Greaves. Learn how to make $30,000 a year on eBay selling your artwork. 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. ($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: [email protected] . Web: .

SEARCH ENGINE ADVERTISING, Buying Your Way to the Top to Increase Sales, by Catherine Seda. Key features in this book include: developing an effective keyword list, ad copy, and landing pages; how to use paid placement and paid inclusion programs; reaching new customers through specialized search engines; tracking your return on investment to boost profit margins; how to create an affiliate strategy that maximizes revenue; protecting your profits from click fraud and trademark infringement. ($29.99; ISBN: 0-7357-1399-5) Contact: New Riders Publishing, 201 W. 103rd Street, Indianapolis, IN 46290. Phone: 1 800 545-5914. E-mail: [email protected] .


by Mikael Karlsson

Want to really be seen? I mean really? By well over 3,000 hand-picked, top photobuyers across the United States? Now how about if we could do all that on a budget? Sounds interesting? Thought so... You can now get your full color ad, up to 7" by 10", seen for far less than it would cost you to print and send out postcards. Actually, the ads are cheaper than just printing postcards would be... Your ad will run in the 2005 PhotoSourceBOOK and it will be printed on heavy-duty, coated stock in brilliant color. Go ahead and order your space for the upcoming book. You'll be seen side by side with photographers like Galen Rowell's Mountain Light, Tom Mangelsen, Brian Yarvin, Danita Delimont, and China Stock. You can place your order online at

As a special offer to the ten persons who are first to sign up for this offer we'll deduct 25% off the price for you! Just enter coupon code psiad2005 when you check out. It will automatically stop working after the first ten orders so try it even if you place your order a day or two from when you receive this message. The price for the full page ad is (7"x10")$615 and the half page ad (5"x7")runs $469. The space is very limited so place your order today at or by contacting Mike Karlsson directly toll-free by phone at 877-404 7790 or by e-mail at [email protected]


SOUTH AFRICA, March 1 - 20, 2005, with Dennis Cox. Featuring Cape Town, the Winelands, Durban, the Mountain Kingdom of Lesotho, Zululand, Kruger photo safari, Pretoria, Soweto and Johannesburg. Included in the comprehensive itinerary is the opportunity to photograph landscapes and seascapes, flora and fauna, architecture and people, towns, cities, countryside, big game, traditional villages. Cost: $6,395, including all ground and air transportation in South Africa, accommodations, all meals with beverages and table wine, admission fees, tips and guides. Participants will also receive a designer safari cap, travel bag, and Photo Explorer Tours T-shirt, as well as 6 rolls of 100F film. Contact: Photo Explorer Tours, 2506 Country Village, Ann Arbor MI 48103-6500. Phone: 1 800 315-4462. Fax: 1 734 996-1440. E-mail: [email protected] . Web:


"Photography to the amateur is recreation, to the professional it is work, and hard work too, no matter how pleasurable it may be."

- Edward Weston


BY: Bill Hopkins

Really Secure Passwords

Online passwords are intended to restrict access to sensitive data, such as your banking account, brokerage account, online shopping, and even your Internet access. Not many people practice good password use, such as having different passwords for each account, changing them frequently, not posting them on your monitor, and using hard-to-guess passwords of at least 8 characters and consisting of numbers and mixed-case letters. One way to help with this problem is to use two passwords, where the second one is an ever-changing password. Some banks are already using such a scheme. Recently, America Online (AOL) launched an optional log-on service for their subscribers which makes use of a two-factor authentication scheme. If you sign up for the service, which costs an initial $9.95 and $1.95 each month thereafter (in addition to your AOL subscriber fee), you'll get a small electronic device from RSA Security. The device displays a 6-digit code that changes every minute. To l! og on, you'll need to enter the code displayed, and anyone stealing your password won't be able to log on without the RSA device. This service is initially aimed at small businesses, identity-theft victims, and those who conduct a lot of financial transactions using their AOL accounts. And, of course, the paranoid among us. If you've signed up for the service, we'd like to hear how you like it.

It's Really Amazing

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If you have a car that can be unlocked by that remote car button

on your key ring: If you lock your keys in the car and the spare keys are home, and you don't have "OnStar," here's your answer to the problem!

If someone has access to the spare keys and remote button at your home, call them on your cell phone (or borrow one from someone if your cell phone is locked in the car, too)! Hold the cell phone about a foot from your car door and have the other person at your home press their unlock button, holding it near the phone on their end.

Your car will unlock.

Saves someone from having to drive your keys to you; or using the ol' coat hanger routine.

Distance is no object. You could be hundreds of miles away, and if you can reach someone who has the other "remote" for your car, you can unlock the doors (or the trunk, or have the "horn" signal go off, or whatever)!


By David Arnold and Gail Rutman

Digital photography in 1990? Absolutely. In October 1990, at the Photokina trade show, Kodak showed the world's first professional digital camera, the $30,000, 1.3 megapixel Kodak DCS (for "Digital Camera System") 100. The 55 pound system consisted of a Nikon F3 with a digital back, tethered to a large external pack containing the electronics, batteries, and external hard drive. And a few weeks earlier, just in time for fall classes, McGraw-Hill published our college textbook Computers & Society Impact!. Naturally our coverage included the impact of computers on photography. Here are some excerpts:

"Computers are electronic levers: they increase our power while decreasing our effort. Computerized cameras are a good example. Determining the optimum shutter speed and lens opening are complex operations, but today's cameras can do these tasks for us. One 35 mm camera, the Nikon FA, even analyzes different parts of the scene, compares the pattern with 10,000 picture-taking situations stored in its memory, and bases its exposure decision on that. A number of cameras also provide microprocessor-controlled focusing to ensure a sharp image.

"With embedded computers handling exposure and focus, it might seem that there is no longer any role for the photographer. If that were true, we would no longer have to take vacations: just send the camera, and let it bring back the pictures. A photograph, however, is a selection of time and space, and the photographer still exercises full control over these; exposure and focus are just technical details.

"In time, electronics may change not only the nature of picture-taking, but the nature of pictures themselves. Several manufacturers are experimenting with cameras that do away with film. Cameras such as the Sony Mavica digitize the image and store it on tape or in a chip. Such an image can then be manipulated, pixel by pixel ("I'd like those gray hairs removed, please"); it can be combined with other images or transmitted electronically. But don't expect such cameras to put Kodak and Fuji out of business right away. Present models produce pictures that are too low in quality and too high in cost to tempt large numbers of buyers.

Want to read more of this article? Go to:


B&W Magazine, Jan/Feb 20005, > < which usually gives four pages to living photographers, is giving fourteen to member Art Shay of Chicago. Moreover they're pointing out that he's done more than 1000 covers, written and photographed more than 60 of his own books, and his work has been compared to that of Henri Cartier-Bresson, Doisneau and Brassai. Movie director William Friedkin, has noted that Shay's gritty pictures of the fifties influenced him in directing The French Connection, "and still continue to influence me after forty years." Shay, 82, a former national racquetball champ, stays in shape by playing four times a week.


This week's featured photographer on PhotoSourceFolio: John Otterstedt




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.

STOCK PHOTO Use Up Everywhere - In Summer 2004, creative firms said they purchase

an average of 7 royalty-free images and 6 rights-managed images over the Internet per month.

Ancient and Modern Tattoos Celebrated in Photography Book - Capturing images of tattoos, body markings, and scarifications from modern and traditional cultures in more than 30 countries, RAINIER brings a seven-year labor of love to fruition in this collection of black and white images.

Images of Isolation and Obsession - Photography shows address AESTHETIC issues

FREE Photo Business Fees Calculator helps you determine appropriate rates and fees to charge based on your individual costs of being in business as a photographer or multi-media author.

New photography LAWS have been passed regarding camera phone photos of naked people or of private areas that are covered by underwear -- without consent.

Obituary: Rich Wilson / Creative COMMERCIAL photographer - Some of his photos for the Pitt News, though, took on lives of their own.

Photographer was ready for disarmament - An international photographer was being lined up to provide visual evidence of IRA disarmament in the event of a landmark NORTHERN ISLAND peace process deal, it emerged. This was rejected .,

Capturing character - Leila Grossman, owner of Grannis Photography, is a "CHARACTER photographer" who captures kids, adults and animals at their most intimate and expressive moments.

Rare Signed U2 PHOTO for Sale - A rare photograph of U2 taken by a world-renowned photographer and signed by the band is expected to go under the hammer for £7,000 (10,000 euros) tomorrow.

SKI photographer's life behind and in front of the camera

The 2004 GIFT GUIDE for creative people. We asked our regular contributors what they'd like to give - or receive -- for the holidays this year. Their answers may surprise you. makes it easy for digital camera owners to create their own personalized PHOTO BOOK . Consumers can upload their digital images and publish a glossy, full-color paperback photo book. Most albums cost less than $10. debuts revolutionary "Cool Album" technology that allows anyone to create the ultimate interactive ON-LINE PHOTO ALBUMS through the web browser. Nearly all of today's online albums are simple static photos and text captions.


PhotoAimLite is a collection of excerpts from our weekly newsletter, PhotoStockNotes, available through the web anywhere in the world $14.99 per year.

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Received on Sun Dec 19 15:30:45 2004

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