rubens_abboud

December 9, 2005

Michael,

For the past year, there is one tool that has become almost as indispensable as my camera: a PalmPilot

Mine is loaded with two essential pieces of software/hardware:

1. TomTom GPS software with a wireless Bluetooth GPS receiver

2. Sol! software (http://www.mew3.com/palm/sol2/doc/)

The Sol! software is very accurate and I have used it extensively to reliably be in position for twilight/sunset and late afternoon images. The Bluetooth GPS receiver is very compact and rides along in my bag most of the time. I have a very poor sense of direction and I'm often in places I've never been before, so it has saved me a lot of time and grief.

As a result, I no longer carry any manual navigational aids.

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">http://www.TheImageNation.com</a>

Travel stock photography

December 9, 2005

One final point... if the images will be used to promote products and services of this company, have these riders signed model releases for these images of them to be used in a promotional context?

This might be included in the riders'r sponsorship deal with the company, but this should be confirmed and not taken for granted.

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">http://www.TheImageNation.com</a>

Travel stock photography

December 3, 2005

Gene,

For today's market, register and look at any three stock agency/portals prices. Say, gettyimages.com, corbis.com and alamy.com.

If your licenses tend towards the editorial, give more weight to the prices you see at Alamy. If you have commercial usages, Getty has a big share of that market so you can weigh it that way.

Registering is free and will tell you in an instant the price that customers of any of these agencies/portals will pay if they do not negotiate.

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">http://www.TheImageNation.com</a>

Travel stock photography

July 25, 2005

John,

I am not certain what you mean by a "copyright release". If you made the image, then the copyright belongs to you and you should not "release" it (i.e. sell the copyright) to a third party for paltry sums in the low four digits. It can be worth a lot more.

Assuming you are indeed simply licensing the image for cover use and not selling it outright, then I would recommend you visit any stock agency and use their price calculators to see what they would charge. Use their prices as a guide as agencies often offer buyers special deals.

You can try: <a href="http://www.gettyone.com">http://www.gettyone.com</a>, <a href="http://www.corbis.com">http://www.corbis.com</a>, and <a href="http://www.alamy.com">http://www.alamy.com</a> to compare.

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">http://www.TheImageNation.com</a>

Travel stock photography

July 5, 2005

Nestor,

You can start by looking at the list maintained at <a href="http://www.stockphoto.net/AgencyList/dbindex.cfm#search">http://www.stockphoto.net/AgencyList/dbindex.cfm#search</a>.

Look for agencies that distribute images of subjects you specialize in. For example, don't bother with agencies distributing primarily lifestyle images if your own images are mainly of travel subjects. Some agencies (like Getty, Corbis, Alamy, and A.G.E. are known as "generalists" -- they supply all sorts of images).

To find out if an agency is successful, reputable, and a good match for your images, there is no substitute for hard work: mine the occasional agency comments from the <a href="http://groups.yahoo.com/group/stockphoto/">STOCKPHOTO Yahoo discussion group</a> , ask current contributors to your target agency for their comments, and search the web. There is no one source that will tell you whether an agency is Go or No Go.

The <a href="http://www.stockartistsalliance.org/">Stock Artists Alliance (SAA)</a> also maintains an agency list containing many comments on different agencies from SAA members. But this list is available to members only and membership involves a fee. The comments in the database are quite useful as they warn of issues (late/non payment from agencies, selective editing, etc...) that are difficult to discuss in public forums.

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">http://www.TheImageNation.com</a>

Travel stock photography

May 3, 2005

Gaby,

Your images are copyrighted the instant you make them. Registering them before publication affords you additional legal options and compensation than if you did not register. So, you're on to a good start.

Rather than embark on a legal analysis of your specific situation, something few here (including myself) are qualified to do, I would suggest you read the general guidance given here:

http://www.asmp.org/commerce/legal/copyright/protect.php

Good luck.

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">http://www.TheImageNation.com</a>

Travel stock photography

March 20, 2005

Neil,

From the messages getting bounced back to you, it sounds like a spammer is exploiting weaknesses in your site to broadcast spam.

Check with your host to see if it's the case and what can be done (usually block a port on the firewall).

I would think that if you do nothing and this continues, your domain address will eventually get blacklisted by junk-mail filters.

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">http://www.TheImageNation.com</a>

Travel stock photography

March 12, 2005

Joe,

IMatch (<a href="http://www.photools.com">http://www.photools.com</a>) costs less than $60, does what you need and a whole lot more.

It's extremely powerful, fast, very flexible, but has a relatively poor user interface.

If you have some programming skills, it allows you to write scripts to do just about anything you want with your image collection.

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">http://www.TheImageNation.com</a> Travel stock photography

March 10, 2005

Elizabeth,

You can look at <a href="http://www.blinkbid.com">http://www.blinkbid.com</a> to help you structure an assignment quote and invoice.

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">http://www.TheImageNation.com</a>

Travel stock photography

February 23, 2005

Walter,

If you make images for stock, another one to consider is the Stock Artists Alliance (SAA) at <a href="http://www.stockartistsalliance.org">http://www.stockartistsalliance.org</a>

Most have websites that list the benefits afforded to members. You should visit each and see whether it is worth it for you.

One thing to consider is that some organizations deliver fewer specific benefits to individuals but act on a more global scale to improve general conditions for photographers and help them preserve their rights.

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">http://www.TheImageNation.com</a>

Travel stock photography

February 22, 2005

James,

I believe you'll find the 055 too large and heavy to haul yourself for long distances.

This is my main tripod when travelling by land or out of the trunk of my car.

I use a 190 when travelling by air or when I need to hike for long distances.

If money is no object, you should really look at a carbon fibre model as they're smaller, lighter and sturdier. Depending on your build, hiking conditions and distances, even a 190 might be too cumbersome.

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">http://www.TheImageNation.com</a>

Travel stock photography

February 8, 2005

Jake,

As soon as you click the shutter, your image is copyrighted. You do not need to do anything else.

However, if you wish to bring about a lawsuit for copyright infringement, you will have to register your copyright.

If you register your copyright *BEFORE* or within 3 months of the infringing publication, you can seek attorney's fees and statutory damages and therein lies the incentive to register your copyright. These two amounts can far exceed the amounts that can be awarded to you if you do not register your copyright...

If you do not register your copyright, you can only be awarded actual damages and profit.

I have heard that certain copyright lawyers will not even take on a case where the copyright is not registered before or within 3 months simply because the potential reward will pale compared to the unrecoverable costs of litigation.

You can get more info <a href="http://www.copyright.gov/circs/circ1.html#cr">here</a>.

I group register my images before any of them appear on my site as part of my workflow. Image piracy is rampant (I've had corporations swipe images from my online photo.net gallery) and I'd rather have most of the odds on my side if I decide to take action.

Hope this helps.

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">http://www.TheImageNation.com</a>

Travel stock photography

February 3, 2005

PS: If the 12.4MP of the Nikon is sufficient for the work you do, why not get a Canon 1DS (11.4MP) in the 2nd-hand market (eBay) and save a grand or so + get a full-frame CMOS?

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">http://www.TheImageNation.com</a>

Travel stock photography

February 3, 2005

" p.s. the Canon was fairly heavy...i should look up to see if the d2x is the same size....."

Denise,

Canon = 2.7lbs

Nikon = 2.4lbs

Both with no batteries.

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">http://www.TheImageNation.com</a>

Travel stock photography

February 2, 2005

NL,

You will find agencies & portals broadly categorized as either "image-exclusive" or "non-exclusive". This is an important aspect of the contract you will sign with them because -- as you have found out -- it can limit further distribution of your work.

Selling stock has a lot to do with marketing and distribution. Images are needed all over the world, but unless clients see yours, you will not make sales. So, the wider you can spread your images, the more likely you will see income from them.

When you sign with an exclusive agency, you need to ask a lot of questions regarding their ability to market and distribute your material because you are effectively tying up your images with them for the duration of your contract (which is often from 3 to 7 years). Are they plugged into the major ad agencies, publishers, etc...? Do they advertise in trade publications? What are their main selling categories? Do they sell through sub-agents? If so, what would your commission be then? How long have they been in business? Remember, if your exclusive agency does not perform, your images will rot for the duration of your contract! So you want to ask as many questions as it will take to make you comfortable that your agency has a good chance of selling your work.

Selecting a non-exclusive agency (like Alamy and many others) can be a little looser because you can continue to market your work elsewhere or by yourself. If the agency does not perform, you are always free to place your images at another place or sell them yourself.

If you are only starting out in stock, I would recommend you seek non-exclusive agencies/portals initially (one or more) until you gain enough experience to properly evaluate the risks/rewards of working with exclusive outfits.

One other aspect you need to consider are agency/portal costs. A lot of successful agencies/portals will ask for a 25% to 50% commission on sales only and will charge you *NO* administration or ongoing bogus fees. I would be suspicious of any agency that takes a 50% commission *AND* wants to eventually charge administration fees (like Photega after Jan 2006).

Hope this helps.

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">http://www.TheImageNation.com</a>

Travel stock photography

January 22, 2005

Chuck,

I have 2 generic EL3 which I use all the time in my grip and they are just as good as the original EL3, which I keep in my bag as a backup.

I got my generic off ebay as well.

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">http://www.TheImageNation.com</a>

Travel stock photography

January 21, 2005

Jay,

Is the unrecognizable person who will be named in the caption a celebrity?

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">http://www.TheImageNation.com</a>

Travel stock photography

January 20, 2005

"So you are saying that Corbis obtained releases from all of these companies before featuring photos for sale showing their trademarks?"

Ken,

No.

The point I was trying to make is that searching for "race cars" yields a considerable number of images where it is evident that the logos and trademarks were removed in post-processing or rendered unrecognizable by blurring action. The main purpose of doing this is to widen their potential use into advertising and promotion. So, even if they appear with "No property release on file", many CAN be safely used to promote products and services because they are unrecognizable.

Yes, there are images where the logos and trademarks are legible, but these images cannot be used to promote or advertise products or services.

I can make an image of a recognizable race car, even if Michael Schummacher is visible, and use it to illustrate an article on adrenaline, but I cannot use that same image to push my brand of racing tires, or motor oil, for example.

If this does not make things clearer, I would strongly suggest you Google around for "property release", "model release" and "trademarks".

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">http://www.TheImageNation.com</a>

Travel stock photography

January 20, 2005

Ken,

As I've said, there is a distinction between editorial use and commercial use.

I can make an image of a race car plastered with ads and use it to illustrate a newspaper or magazine article or book.

Using the same image to push a product or illustrate a commercial website is not editorial and requires a signed release and, perhaps, trademark clearance when the subject is trademarked and recognizable.

Go to www.corbis.com or www.gettyone.com and type "race car" in the search box.

You will find that the images have been blurred or post-processed to make any markings unrecognizable.

A company that goes through the expense and trouble to trademark their business or product wants to extract value and maintain control over the trademarked item. They are not going to just sit and watch their trademarks associated with products and services they did not review and do not "fit" with their marketing goals.

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">http://www.TheImageNation.com</a>

Travel stock photography

January 19, 2005

Ken,

Yes.

Furthermore, if the car(s) appearing in your images are recognizable, my understanding is that you would require clearance from the trademark holder (i.e. Ford, GM, etc...)

The Corbis site has some case studies (as it applies to their rights clearance services) that may give you an idea of the different situations that may require extra clearance.

<a href="http://pro.corbis.com/creative/services/rights/default.asp">http://pro.corbis.com/creative/services/rights/default.asp</a>

This might help in understanding property releases:

<a href="http://www.asmp.org/commerce/legal_article_001.php%20">http://www.asmp.org/commerce/legal_article_001.php </a>

I remind you that I am not qualified legal help and that I provide this information to assist you in further researching the topics of copyright and trademark clearance as it relates to your situation.

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">http://www.TheImageNation.com</a>

Travel stock photography

January 19, 2005

Ken,

When you make an image, the copyright of the photograph belongs to you automatically.

If the photographs will be used to promote a product or service, you generally need a:

a) model release for each of the human beings recognizable in your image;

b) property release for each of the distinct objects recognizable in your image (e.g. if the image is made inside someone's home or property, you need a property release from the owner); and

c) clearance from trademark owners for all visible trademarks (e.g. if you take a picture of someone right next to a golden arches sign and then use that picture to promote your own product or service, you might get a call from McDonald's legal dept. informing you that you are creating the misperception that the McDonald Corp is endorsing your product -- the technical legal term for this scenario is "you're in big doo doo").

Most of what I said above does not apply when the image is used in an editorial (e.g. newspaper or magazine article) context.

Please consider the above as a summary to help you in your continuing research. It is *NOT* qualified legal expertise.

Perhaps, Bert Krages can chime in with further details.

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">http://www.TheImageNation.com</a>

Travel stock photography

January 3, 2005

Keith,

One way to get up-to-the-minute market pricing data for any use is to register on a stock photo site and price a sample photo.

You should be able to do this at www.gettyone.com, www.corbis.com, or www.alamy.com.

You might want to factor a percent discount off these figures if you are licensing several images at once.

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">Travel stock photography at www.TheImageNation.com</a>

January 3, 2005

Bryan,

It is always safer to get a release when possible, but even releases will not stop someone from sueing you. Like most situations involving the law, the whole matter of model/property releases is a grey area.

Editorial uses (magazine articles, newspapers, etc.) usually do not require releases, assuming you were making images in a public location.

Commercial uses (i.e. promoting a product/service) of recognizable subjects do require a release.

If you are making dog portraits, you are safer getting property releases from the owner (who must be of legal age).

Best regards,

Rubens.

<a href="http://www.TheImageNation.com">Travel stock photography at www.TheImageNation.com</a>

December 30, 2004

Steven,

You will find the ASMP tutorial to be quite helpful -- that's what I followed to register my images.

The only thing I would add is that, if you register your images as a group (preferable to save registration costs), you will find it more efficient to do so before your images are published.

Group registration of unpublished images requires a single VA form to be completed. Group registration of published images requires each image to be itemized on a separate VA/GR/PPh form, where you will need to provide date & nation of first publication + image number & name. This can be quite a hassle to fill out for each image.

You can submit copies of your images as JPGs on a CD.

Best regards,

Rubens.

http://www.TheImageNation.com

Travel stock photography

November 30, 2004

Marc,

You can go here for a tutorial on how to register your copyright. It is important to determine if your images are "published" or "unpublished" as defined by law (which is not necessarily what "published" means in the traditional sense of the word):

<a href="http://www.asmp.org/commerce/legal/copyright/">http://www.asmp.org/commerce/legal/copyright/</a>

It would be worthwhile for you to send JPGs of your images on CD along with your archival contact sheets. The more material you have filed with the CO, the better your chances to prove the work is yours if an infringement occurs in the future.

Best regards,

Rubens.

<a href="http://www.theimagenation.com">Travel stock photography at www.TheImageNation.com</a>

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