Rangefinder Magazine
September 2001/Columns

Insight/On the Cover

The U.S. Copyright office, after nearly six years of deliberation, has published final regulations which make it much easier for photographers to register a copyright. The new rules allow for group copyright registration of photographs, submitted in various forms, including CD-ROM and DVD. The new regulations took effect August 16.

A photographer may now register an unlimited number of “published” photos with a single application form and a single fee ($30). The meaning of the word published in this case is any photo that is sold or given to a customer or others without restrictions on its use.

The new regulations are being hailed by many as they make the copyright process easier, cheaper and more accessible to a larger number of photographers. With registration comes the right of the copyright owner to file suit to obtain statutory damages and attorneys’ fees from infringers. Such damages can range from several hundred dollars up to $150,000 for each infringement.

According to the Photo Marketing Association, the final regulations reject protection for “innocent infringers,” stating that, “A photofinisher who is truly an ‘innocent’ infringer and who had no reason to believe that he was infringing probably has little to fear from this regulation.”

While the new regulations do not solve some of the larger problems of copyright abuse, they do go a long way towards making copyright protection much more accessible and practical.

Bill Hurter
Editor

ON THE COVER PHOTOGRAPHER: Howard Schatz IMAGE: Underwater Study # 1645 COMMENTS: The amazing image on the cover was created in Howard Schatz’ revolutionary liquid photographic studio. This is just one in an amazing series of images contained in the photographer’s book, Pool Light. The making of these images was a complex and multifaceted undertaking, in which Schatz controlled every variable. For instance, the pool in which Schatz works was “ozonated” not chlorinated, so eyes don’t burn. The chemistry was tested almost hourly, beginning several days prior to any shoot to make sure the pH level was exactly 7.4, matching the pH of human tears. The temperature of the water was kept at 90–92° F. to ensure that the models (and the photographer) could work comfortably for hours in the water. 10,000 watt-seconds of strobe light (which must, of course, be kept safely away from the water) are flashed into the pool through a system of sync-triggered radio transmissions by Schatz’ underwater camera. The makeup for the models was checked with every dip. The fabrics and the clothing were steamed because, unbelievably, wrinkles do show in the water.

The model selection process was unique, to say the least, and daunting. First, the photographer would tell prospective models to swim one length of the 44-foot pool underwater in a single breath. If they couldn’t do that—and many couldn’t—they didn’t make the cut. Then Schatz tested each one in the shallow end to see if she could relax, open her eyes underwater and control the muscles in her face so that she could easily smile, laugh, or maintain a neutral expression as the pose required. Of the 400 models tested, only a few met all the criteria. For more information, see Julie Miller’s Profile of Howard Schatz, beginning on page 8.