From the PACA Update Archive

PACA Bi-Weekly Update

Prepared for and distributed to the Members of the Picture Archive Council of America
No. 383– 4 December 2006

PACA
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In This Issue:

Association News
Important Association Information
It’s Time For 2007 PACA Dues

PACA Legal Update
Legislation Update
Corbis Awarded $20M Judgment In Template Monster Case
Koons, the Sequel
Remember Sculptor Who Used Postcard As Reference For Sculpture?

Member and Industry News
Corbis Names Gary Shenk President
Innovative, Daring & Sexy Image Company Launches
Masterfile Announces Enhanced Searching With Tag Clouds
Picturehouse 2007
ASPP Names Niki Barrie As 2006 Picture Professional Of The Year
PLUS Coalition Releases Global Image Licensing Standards

Dates to Remember
January 14-16, 2007: PPA’S Imaging USA 2007, San Antonio, TX
January 17-21, 2007: NANPA Summit, Palm Springs, CA
April 12, 2007: Picturehouse, Chicago, IL
April 18, 2007: Picturehouse, Hamburg, Germany
May 4-6, 2007: PACA Annual Meeting, Washington, D.C.
May 9-10, 2007: BAPLA Picture Buyers' Fair, London, England
May 31, 2007: Picturehouse, London, England
June 6-10, 2007: CEPIC, Florence, Italy
September 19, 2007: Picturehouse, San Francisco, CA
October 24, 2007: Picturehouse, New York, NY
October 28-30, 2007: PACA International Conference, Las Vegas, NV

Classified Ads
Stockfood, Inc. Has Openings In Kennebunk, Maine Office
eVox Productions Seeks Senior Level Executive


Association News

IMPORTANT ASSOCIATION INFORMATION
The next PACA Update on December 18, 2006 will be the last update for the year. To be included, please make sure you send any news or articles to the PACA office by December 14, 2006. After the holidays, the next PACA Update will go out on January 4, 2007. Send all news to pacanews@pacaoffice.org.


IT’S TIME FOR 2007 PACA DUES
Help keep your association strong! Your PACA Dues for 2007 will be due in January 2007. Since many of you like to make your payment before the end of the year, we will be sending out the call for dues in mid-December. Again, like last year, you will be able to make your payment via the PACA website. Please contact the PACA Executive Director, Cathy Aron, at execdirector@pacaoffice.org if you do not receive your dues link by December 20, 2006.


PACA Legal Update
© Nancy E. Wolff, Esq.

LEGISLATION UPDATE
Orphan Works:
There is no current Orphan Works update. A form of Orphan Works legislation is expected to be a high priority in the New Year. Orphan Works is not considered a partisan issue so the change in Congress is not expected to make a difference.

Copyright Office Seeking Comments On Section 108-The Copyright Exemption for Libraries and Archives:
The Copyright Office is seeking written comments and will be holding a public hearing at a roundtable in Chicago on January 31st on a section of the Copyright Act known best to librarians. Section 108 permits libraries and archives to make copies of protected works for archival purposes and permits the libraries to provide these works to its members under certain circumstances. This section is steeped in the print world and does not account for the changes that digital technology has made in both the ability to preserve copies in digital form and the collection of works acquired that are “born digital”.

The Copyright Office formed an independent study group in April 2005 to examine the issues associated with digital technology and whether the limitations and exemptions in Section 108 need to be revised to account for changes in digital technology. The Copyright Office is now seeking public comments on specific questions and has posted a Federal Register Notice located at http://www.loc.gov/section108/docs/FedRegnotice_Jan2007.pdf.

As I am a member of this study group, I cannot make any comments in any official capacity. However, I am very interested in members’ thoughts and concerns and would appreciate it if those interested would go to the website and read more. In particular, I am interested in what members think of Part B and C of the request for comments. Comments can be filed between February 1 and March 9, 2007.

Section 108 was written with the preservation of essentially text based works and excludes works of visual arts and audiovisual works (except for visual art incorporated in print works). Part B asks whether this limitation is valid anymore. Archives, libraries and museums have collections of visual works and would like more freedom to share what they consider to be part of our cultural heritage to their patrons in electronic form for research and study. Part C looks at what limitations on access there should be to digital works.


CORBIS IS AWARDED $20M JUDGMENT IN THE TEMPLATE MONSTER COPYRIGHT ACTION

Corbis filed a copyright infringement suit against Template Monster and others in the U.S. District Court in Miami last summer alleging that the defendants removed Corbis’ identifying information from at least 623 images, then proceeded to license the images directly to customers as part of its web design templates. A few of the defendants, including Igor Lognikov and Templatemonster.com, agreed to a confidential settlement with Corbis. However, the judge signed a default final judgment against Artvertex, LLC and the remaining defendants worth over 20 million dollars. She awarded Corbis $20,247,500 in statutory damages and $118,145 in attorneys’ fees. Additionally, the judgment prohibits the defendants from further licensing the 623 images and orders them to destroy all copies they possess. While it may prove difficult for Corbis to collect on the judgment, the federal action has already caused at least one of the defendants to cease distributing images illegally and instead enter into a legal agreement for licensing images. Template Monster now uses Fotolia, a micropayment stock image distributor, for licensing images to be used in Template Monster’s web design templates.


KOONS, THE SEQUEL; KOONS USE OF PHOTOGRAPH IN COLLAGE WORK FOUND TO BE FAIR USE AND NOT AN INFRINGEMENT BY THE 2ND CIRCUIT
Blanch v. Koons, 396 F. Supp 2d 476 (S.D.N.Y. 2005), aff’d, 2006 U.S. App. LEXIS 26786 (2d Cir. 2006).

Introduction
In three cases decided a decade ago, courts found artist Jeff Koons liable for willful copyright infringement in creating a sculpture based on a photograph of a couple holding a liter of puppies. In October 2006, however, the Second Circuit found that it was fair use for Koons to create a collage using part of a photograph created by plaintiff Andrea Blanch. The Second Circuit (the appellate court in NY) affirmed the District Court’s grant of summary judgment to all defendants. The different result is based on what uses courts now find to be “transformative".
 Koons: NiagaraBlanch: Silk Sandals

Background
The plaintiff in the recent case, Andrea Blanch, has been a photographer for over twenty years. In 2000, Blanch created a photograph entitled “Silk Sandals” as part of an editorial six-page article entitled “Gilt Trip” about metallic makeup that appeared in Allure Magazine. The photograph shows the lower part of a woman’s bare legs crossed at the ankles. Gucci silk sandals with an ornately jeweled strap are on her feet, which rest on a seated man’s knee in an airplane cabin.

Koons admitted that he copied, scanned and superimposed the legs, feet and Gucci sandals from the photograph, and incorporated them into a collage, which he then gave to his assistants to make the painting “Niagara” at issue in this case. Niagara was part of a seven-painting series commissioned by Deutsche Bank for $2 million, and displayed first at the Deutsche Guggenheim Berlin and subsequently at the Guggenheim Museum in New York. In the painting, Koons merely altered the orientation of the legs from a 45-degree angle in the photograph to vertically downward. Koons described Niagara as featuring “four pairs of women’s legs and feet which dangle over a landscape. Below them is a monstrous chocolate-fudge brownie, served with a mound of ice cream and flanked by trays of glazed donuts and apple Danish pastries.” According to Koons, his painting comments on “the ways in which some of our most basic appetites—for food, play, and sex—are mediated by popular images.”

Whether this use of the photograph in the resulting painting is infringing or not, depends on whether Koons can satisfy the court that his use is exempt from infringement based on the fair use doctrine. This doctrine is where the rights of a copyright owner are balanced against the First Amendments right of free speech and free expression. According the Copyright Act, the court must examine four fair use factors in making a determination.

The Court’s Analysis Of The Four Fair Use Factors

  1. The Purpose and Character of the Use:
    The Court emphasized that the most important part of the first fair use factor is whether defendant’s use is transformative. Crediting Koons’ explanation, the Court found that he used Blanch’s image for a “sharply different” purpose than Blanch’s purpose in creating the image. While Blanch wanted “to show some sort of erotic sense” and get “more of a sexuality to the photographs,” Koons used the image as “a fodder for his commentary on the social and aesthetic consequences of mass media.” The Court also viewed the character of the uses as different: The court found Blanch’s fashion photograph was “created for publication in a glossy American ‘lifestyles’ magazine,” unlike Koons’ “massive painting” commissioned by a leading world bank and exhibited in art-galleries.
  2. The Nature of the Use-Commercial or Non-profit:
    While Koons made a substantial profit from the sale of his work, the Court discounted the commercial use because the work was transformative, and did not even comment on the commercial aspects of Deutsche Bank’s commissioning of the work. The Court also found that Koons’ failure to seek permission for the copying was not in bad faith.
  3. Amount and Substantiality of the Portion Used:
    According to Blanch, her key creative decisions in the shoot “were the choice of an airplane cabin as a setting and her placement of the female model’s legs on the male model’s lap.” Koons extracted the legs, feet and sandals from the photograph. Again crediting Koons’ professed purpose, the Court found that he copied “only that portion of the image necessary to evoke ‘a certain style of mass communication'” and that this was “reasonable in relation to the purpose of the copying,” although Koons took approximately one-third of the photograph.
  4. Market Effects:
    The Court found that this factor greatly favored Koons, because Blanch had never published or licensed the photograph after publication in Allure, and never licensed any of her photographs for use in other visual art works. Koons’ use therefore did not “cause any harm to her career or upset any plans” for the photograph or for any other Blanch photographs.

The Court’s Fair Use Conclusion
The Court quoted considerably from Koons’ affidavit explaining his reasons for taking parts of Blanch’s photograph, but did not find it necessary to decide whether Niagara was a parody or satire, because Koons justified his borrowing as a commentary on mass communication. The Court therefore did not need to “depend on [its] poorly honed artistic sensibilities” to decide whether Koons had a “genuine creative rational for borrowing Blanch’s image,” or whether Koons merely borrowed the image “to get attention or to avoid the drudgery in working up something fresh.”

The Court gave heavy weight to the transformative purpose and nature of Niagara. So what did Koons do differently this time? Unlike earlier cases, this time Koons took only parts of plaintiff’s photograph, changed them by placing them at a different angle, and incorporated them in a collage with other elements. However, the Court seems to shift the transformative analysis from the nature of the transformation to the purpose of the person making it. This would seem to make it very difficult to determine if a use would be fair without first asking the photographer what their purpose was in creating the photograph. However, the court had no issue with Koons never seeking permission or inquiring Ms. Blanch for her purpose. Such a shift could create a slippery slope. Many photographs are created for a narrow purpose, for example sports or commercials, and a user can easily profess a different purpose than that of the copyright proprietor. If a magazine cover featuring a male sports figure’s photograph is later used in an ironic collage billboard advertisement for women’s cologne, the purpose is clearly different; is that use fair? The shift in the court’s analysis to the purpose could be a dangerous move by pushing the balance between copyright owners’ exclusive rights and the public’s right to fair use in a direction that leaves copyright holders stripped of their right to make and license derivative works.

Simply because a photograph has not been previously licensed for an artistic use does not rule out the potential that it may be licensed for an art related use in the future. Particularly if you have a recently created image without any usage history, there would be no market in which to measure market harm. The fact that the image was used without a license in a market deprives the copyright owner of exploiting that market in the future. The court’s analysis of market harm heavily favored the infringer over the creator. One answer may be to list all uses, even artists reference as an available use for all images on a site, so there is an obvious market and license fee associated with the use.


REMEMBER: SCULPTOR USED POSTCARD AS REFERENCE FOR “PRECIOUS CARGO” SCULPTURE
Recall the previous update concerning the bronze sculpture of Jason Napier depicting a mother mountain lion with her baby in her mouth. He was unsuccessfully sued for copyright infringement by the photographer, Kent Dyer, who shot the postcard photo that Napier used as an art reference for creating his sculpture. Below you will find photographs of the sculpture and the postcard image so that you make your own determination as to whether any copyrightable elements were or were not appropriated by Mr. Napier. The Court did not find the natural pose of a wild animal protectable.

“Mother Mountain Lion with Baby in Mouth” by Kent Dyer

“Precious Cargo” by Jason Napier

This case pitted a wildlife photographer against an artist who specializes in bronze sculptures of wildlife. It answers the question whether any one artist can “own” a composition found in nature. The photographer, Dryer, argued that he was responsible for the composition of a mother mountain lion with a baby cub in her mouth. He described how he scouted a location for a perfect position on boulders against trees, mountain and sky, checked timing for natural sun lighting, arranged to have animal trainers place a mountain lion cub near the edge of a rock so that the mother mountain lion would pick her cub up in her mouth. The shot was entitled “Mother Mountain Lion with Baby in Mouth.”

Several years later, sculptor Jason Napier bought a small mini' reproduction of the photograph from Dyer at an art show in Arizona. That same year Napier began selling “Precious Cargo”, bronze monument and maquette size sculptures of a mother mountain lion holding a baby mountain lion with her mouth. Dryer thought that Napier “stole” his photograph and sued him in federal court in Arizona for copyright infringement. The artist made a motion to dismiss the claim, arguing that it only used the unprotected “idea” of a mother mountain lion holding her baby in her mouth. The federal court agreed and found there was no infringement of the copyright in the photo owned by Dyer. According to the judge, the similarities between the two works of art were only in the non-protectable elements of the copyrighted photograph.

To prove copyright infringement, the photographer had to establish access, which was not in dispute, and substantial similarity. It was in establishing substantial similarity that the photographer’s case broke down. Arizona is in the 9th Circuit and uses “The Objective Extrinsic Test” to draw the line between similarities in ideas, which are not protected from similarity in copyrightable expression, which may be protected. The test requires the two works to be analyzed and dissected and compares such features as selection of subject, posture, background and lighting. In conducting this test, the only similarity was found to be in the photographer’s intent to show the idea of the protective nature of a mother mountain lion with her kitten. Since this was an idea, copyright law does not protect it. Further, very minimal protection is given to realistic depictions of live animals. (This is called “thin copyright”). What animals look like and do naturally is considered part of the public domain, something of the common heritage of humankind, not something that one artist can prevent others from depicting.

So what was protected by the “copyright” held by Dyer in his photograph? The elements of the photograph that he added to make it his own were protected. These include: choice of location, background, perspective, lighting/shading, timing, angle, framing, film and camera. None of these elements were used in creating the bronze sculpture. Additionally, he could have, if he had added something to them, gained protection for attitude, gesture, muscle structure, facial expression, coat and texture of the lions. But, what nature does on its own, is for all to enjoy and reap the benefits of. Dyer’s expert even explained to the court that the technique of placing a kitten near the edge of a cliff had been used many times to induce the mother to retrieve her kitten instinctively. Therefore, Dyer was just capturing a moment of nature, as far as the lions were concerned.

Additionally, and importantly, even if Dyer had succeeded on his copyright infringement claim, he wouldn’t have been able to recover statutory damages and attorney’s fees because he didn’t register the photograph for copyright protection with the federal copyright office until after Napier had already begun making and selling his Precious Cargo statues.


Member and Industry News

CORBIS NAMES GARY SHENK PRESIDENT
Seattle, WA- Corbis has announced the appointment of Gary Shenk as President. Shenk’s promotion from SVP of Images is a validation of Corbis’ strategy and an explicit step toward becoming an organization focused on industry leadership and operational excellence. Shenk’s new role is part of a broader realignment of the company’s go-to-market functions into an integrated team, and he will assume oversight of marketing, sales, and the creative resources businesses.

During his tenure with Corbis, Shenk has earned a reputation as an industry visionary with the passion and operational skills to transform and grow successful businesses. Most recently as SVP of Images, he has overseen Corbis’ image licensing business. Previously, Shenk led the growth of Corbis’ industry-leading Rights Services offering.

“Gary brings exactly the right combination of industry experience, entrepreneurial energy, and operational intensity that will enable Corbis to maintain its position as the fastest-growing major company in our business,” said Steve Davis, CEO, Corbis. “Under Gary’s capable leadership, we have significantly improved our product quality and execution in Corbis’ image licensing business. It is only natural in this intense competitive environment that we expand Gary’s role to drive our complete range of go-to-market activities.” 

In addition to his new responsibilities as President, Shenk will continue to direct Corbis’ image licensing business including product management, strategic partnerships and photographer relations. Shenk will continue to report to Davis, and assumes some of the responsibilities formerly held by him in his dual role as President and CEO.

“Corbis thrives on creativity and with the greatest assets and the most talented people in the industry the opportunity before us is awesome,” said Gary Shenk, President, Corbis. “With strategic focus, a tight integration of critical go-to-market functions, and overall operational excellence, we are in a great position to lead the industry in fulfilling our customers’ needs for imagery and creative resources around the globe.”

Prior to joining Corbis, Shenk was a founder and general manager of one of Hollywood’s leading media licensing agencies, FlixMix, a wholly owned subsidiary of Universal Studios. Shenk began his relationship with Universal while he was a leader in the media and entertainment practice of The Boston Consulting Group. At BCG Shenk developed a digital distribution strategy for the world's leading music company. Shenk’s entrepreneurial talents served him well in Hollywood, where he was instrumental in establishing new licensing formats and brokering deals between studios and talent agencies. It was this success that led Corbis to recruit Shenk for its Rights businesses in 2003. Shenk led the new Rights Services unit of Corbis and executed a series of further acquisitions and business development successes that helped to reposition the company as a full-line creative solutions firm.

In 2005, Shenk took over the management of Corbis’ core image licensing business, where he spearheaded a transformation from an editorial focus to a combined editorial/creative offering. Under his leadership, Corbis has emerged as a leading provider of world-class historical, editorial, and creative photography. Among his other accomplishments Shenk holds an M.B.A in Finance from The Wharton School of the University of Pennsylvania, and a B.A in Social Studies from Harvard College.


INNOVATIVE, DARING AND SEXY IMAGE COMPANY LAUNCHES
Eyecandy Images, based in New York and London, recently announced the successful launch of their Royalty-Free and Rights-Managed collections at this year's PACA International conference.

BJ Formento and Richeille Formento co-founded the company. Both have worked for the major advertising and photo agencies and have combined their experience to form a company that was quoted by Jack Hollingsworth of Jack Hollingsworth Photography in his seminar about Wholly Owned Content as“an example of the way forward for the industry”. Eyecandy Images produces new, relevant and vibrant imagery for the emerging photography markets such as Asia, Latin America, and niche, understated photography worldwide.

BJ Formento of Eyecandy Images says, “It was great to be finally launching our product, especially amongst our peers. We were showcasing our images for the first time to our competitors at PACA with tremendous feedback, it was also a great way to meet potential partners and build great relationships to expand our distribution network.”

“The images are a very modern and different take on an existing format. At Eyecandy images our desire is to produce the most creative images with a multicultural edge so needed within the market and many of our peers stated that we were as good as, if not better than Photonica” says Richeille, Creative Director.

The new, innovative and daring images are available for purchase from EyeCandy Images e-commerce website which will be fully active at the end of November. In the meantime, check out their collection so far at www.eyecandyimages.com.

About Eyecandy Images
Eyecandy Images is a refreshing new image production library offering sexy, daring, and trendsetting Royalty-Free and Rights-Managed imagery. They concentrate on creating content that their innovative customers have been searching for and could not find. Transparent in the sense that they are a boutique collection that you choose to impress your clients with, and/or a plug-in enabling you to broaden your commercial marketing and brand with quality and creative images.

Contact: Maurice van de Mosselaar
Marketing and Partnership Relations, Eyecandy Images
Email: maurice@eyecandyimages.com
Tel: +44.0.7723.336.974


MASTERFILE ANNOUNCES ENHANCED SEARCHING WITH "TAG CLOUDS"
Masterfile Corporation has implemented "Tag Clouds" on its site, making it easier to find images

What are Tag Clouds?
Tag Clouds display the most popular words and compound phrases used by clients to arrive at a particular image. The bigger the font, the more popular the word is. Clicking on one of these Tags automatically invokes another search. Trying interesting compound phrases can help designers find the images they want more quickly.

John McDonald, Vice-President Marketing, Masterfile Corporation says, “Tag Clouds can reduce the amount of time you spend thinking of keywords to filter large generic searches, like ‘woman’ or ’man’ or ‘people’. If someone else has searched for ‘woman portrait eye contact’ in the past, you can simply click a link to refine your search. The introduction of Tag Clouds is yet another way we are enhancing the user experience on Masterfile.“

About Masterfile
Masterfile Corporation is a global visual content provider, with an exceptional collection of rights-managed and royalty-free stock images by world-class artists. The images, covering a wide range of subjects, are stored digitally, showcased, licensed and delivered instantly to commercial clients worldwide via the Internet. Headquartered in Toronto, Masterfile has offices in New York, Chicago, Düsseldorf, London, Milan and Paris, plus independent agents in 30 other countries.

For further information, contact:
John McDonald, Vice-President, Marketing
Tel. +1.416.929.3000 Ext. 2204
E-mail: jmcdonald@masterfile.com


PICTUREHOUSE 2007
Over 50 companies have requested Priority Booking status for next year’s events. Only these select companies will enjoy the best discounted prices throughout 2007. If you've supported Picturehouse in the past, you qualify for Priority Booking status. Just email priority@picturehouse.org. There's no commitment on your part until we release the prices and booking conditions. However, our commitment to you is that you will get the very best prices that we offer.

Our 2007 line up includes the following:

April 12: Chicago
April 18: Hamburg
May 24: Paris
May 31: London
June 11-14: Atlanta, HOW Design Conference
September 19: San Francisco
October 24: New York

The Deadline for World Showcase deadline is fast approaching (December 15th ). Don’t miss out on this unique opportunity to get your agency in front of thousands of potential buyers in both US and Europe. This beautifully designed catalog will be distributed at all 2007 Picturehouse events. For more details, click here. Special rates apply for all Picturehouse participants and PACA members, so please contact either Michael or Deborah for your special discount code!

Any additional questions, please contact:
Michael at michael@picturehouse.org
Or Deborah at deborah@picturehouse.org

Thank you all for your continued support!
Michael & Deborah


ASPP NAMES NIKI BARRIE AS THE 2006 PICTURE PROFESSIONAL OF THE YEAR
ASPP is pleased to announce the naming of Niki Barrie as the 4th recipient of its Picture Professional of the Year award. This award is given to a member who has demonstrated one of more of the following qualities: significant contributions to photography, a single outstanding achievement, long-time service to the association or its members.

“By any of these standards Niki would qualify for this award”, according to ASPP Executive Director, Cathy Sachs. Niki has served as the editor of the ASPP quarterly magazine, The Picture Professional since 1992. “Over the years that I have worked with her in this role, not only has she has shown calm, thorough, reliable professionalism, but also a real passion to keep making the magazine the best that it could be.” The writers who have been featured in The Picture Professional not only have appreciated her excellent editing, support and encouragement, but also have commended her for her insight into the trends and information most pertinent to ASPP’s diverse membership.

Niki’s commitment to quiet excellence has been echoed by so many of the colleagues with whom she has worked. Her career as a picture professional has taken her from text and photo editing, to writing and reviewing, and recently her own publishing enterprise, Loupe Media. In all these guises she has shown integrity, discipline and a devotion to photography. Nature and the natural world have always been one of her main passions. This has led to a long involvement with NANPA (North American Nature Photography Association) where she has won many awards, served on the Board of Directors, and made numerous contributions, including even running their entire three-day Summit program in 2002.

A colleague, Sharon Cohen Powers, has known and worked with Niki for the past 20 years, and is currently her partner at Loupe Media. “She has an amazing work ethic, and you can always count on her to complete any assignment given her, on time, no matter what. That’s a rare quality in our industry." But in case all this sounds too angelic, she adds, “and she has a wicked sense of humor!”

The Picture Professional of the Year award will be presented to Niki on the occasion of the ASPP/NY chapter’s Holiday Party on December 11th at the Essex Restaurant, 120 Essex Street, New York City. The award will be presented at 7:30 p.m. Although the Party is by invitation to ASPP members only, please contact cathy@aspp.com to attend as a guest.

The event has been sponsored by Getty Images, Corbis, Digital Railroad, The Image Works, AGPix, The Picture Desk, agefotostock; as well as Index Stock, Veer, Punchstock, Glasshouse Images, SuperStock, and Photo Researchers.

ASPP is a community of image experts committed to sharing their experience and knowledge throughout the industry. This non-profit association provides professional networking and educational opportunities for those who create, edit, research, license, manage or publish pictures. For more information go to www.aspp.com or contact the Executive Director Cathy Sachs at cathy@aspp.com.


PLUS COALITION RELEASES GLOBAL IMAGE LICENSING STANDARDS
Publishers, Designers and Art Buyers Join Forces with Photographers, Illustrators, Artist Representatives and Stock Agencies to Use Universal System for Universal Benefit

New York, NY– The PLUS (Picture Licensing Universal System) Coalition has announced the release of an integrated system of image licensing standards for use by all industries that create, distribute or use images. Launched here at the annual Photo Plus Expo trade show in New York, these international standards were established by the largest collaborative effort in the history of image licensing. For the first time, publishers, designers and art buyers will use a universal set of standards to license and use images from photographers, illustrators and stock agencies.

“The PLUS Coalition has created a universal language for image licensing," says Jeff Sedlik, President and Co-Founder of the PLUS Coalition. “Now everyone everywhere can work from the same page when licensing assignment and stock images.”

Supplementing last year’s release of the PLUS Picture Licensing Glossary, PLUS has released four additional licensing standards: The PLUS Media Matrix, PLUS Packs, PLUS License Data Format, and PLUS-ID System. The four new standards have been developed cooperatively by participating trade associations and stakeholders in the photography, illustration, advertising, design and publishing communities.

The Coalition officially unveiled these licensing standards at a special multi-industry event presented by the PLUS Coalition and its partners, on Saturday, November 4, during Photo Plus Expo.

PLUS Media Matrix
The PLUS Media Matrix will provide a standardized hierarchy of media categories, media types and media options, allowing users to identify and differentiate specific types of media usage such as “Point of Purchase,” “Transit” and even “Edible Media.”

PLUS Matrix ID System
PLUS has assigned a universal Matrix-ID code to each type of media and to each license option. Art buyers, designers and publishers will specify PLUS Matrix IDs as a convenient and precise means of specifying usage rights for commissioned and stock images when communicating with any artist or stock agency, worldwide.

PLUS Packs
PLUS Packs introduce a new universal standard for streamlined “rights-managed” image licensing. Simple and convenient, PLUS Packs offer the flexibility of broadly defined rights, in a form that is simple, straightforward and transparent. PLUS Packs include the most common commercial, editorial and personal uses.

PLUS License Data Format
The PLUS License Data Format (LDF) provides a universal standard for summarizing information essential to the understanding of an image license, such as the names of the parties, permissions granted, and any limitations on the use of the image. The LDF is machine readable, and will be used by artists and stock agencies to embed image license information in digital image files and other documents, allowing customers to use common applications to view the license associated with any image.

Importantly, the PLUS system does not standardize fees or pricing. PLUS standards promote clear and precise communication, leveraging current technologies to allow license information to travel within digital image files. Designed for the global marketplace of the 21st century, PLUS makes image licenses easy to understand, and easy to use.

For additional information about PLUS and how to use these new licensing standards, visit http://www.useplus.org.


Classified Ads

STOCKFOOD, INC. HAS OPENING IN KENNEBUNK, MAINE OFFICE
StockFood, the Food Image Agency (http://usa.stockfood.com), is currently seeking a sales professional/marketing assistant for their U.S. office based in beautiful Kennebunk, Maine. Qualified candidates should have 2+ years experience in the stock photo industry as well as a proven successful sales and marketing background. This position requires creative proposal efforts and supporting the marketing and sales departments. Candidate must be independent and motivated but also must have excellent interpersonal skills. Full time position, base salary plus commission, some travel required. Must have experience with Microsoft Outlook, Word and Excel. Database and/or food experience is a big plus. Position is available immediately. Send resume, requirements, etc. to america@stockfood.com.


EVOX PRODUCTIONS SEEKS SENIOR LEVEL EXECUTIVE
EVOX Productions, the leader in automotive images is experiencing rapid growth from its Automotive Image Library. We are seeking an experienced high-level executive with strong content licensing experience to lead the growth into new markets.

Please contact Susan Esther, HR Manager at 310.605.1400 Ext. 245 or send resume with salary history to sesther@evox.com.


Use Your Newsletter
One of the benefits of PACA membership is this bi-weekly newsletter, read by many in North America and internationally. The newsletter actively encourages and welcomes contributions on all aspects of the business and we want to hear your views. In addition, the Classified Section is free to members. Use this section to place job vacancies and sell surplus office furnishings. PACA’s reach is substantial so make sure you get the most of your membership. Please e-mail information to pacanews@pacaoffice.org.