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John Lucas wrote:

> The ones that were used were scanned by some subcontractor for the
> publisher (who will be named at the end of this).  This bunch of
ham-fisted
> sloths unmounted each slide, scratched each one, fingerprinted each one,
> and they remounted them in the original slide mounts with Scotch
> tape,...sometimes ON THE IMAGE. 

I colleague here in town had the same problem recently, and he was able to
sue for more than just damages.  They paid to have each slide (drum)
scanned (again), digitally repaired and output back to film.  You have to
have loss provisions in your contract terms to begin with obviously to
cause this to happen.

Which brings up another situation.  Recently I discovered that eighty of my
original transparencies were misplaced in the middle of a book project when
the publishing company switched layout designers.  I had hoped that they
were still with the freelance picture researcher, but they could not reach
him for quite a while.  Since the publishing company signed and returned a
copy of my delivery memo when they received my slides DHL, and I use the
standard ASMP fine print on the back of my memos and contracts stating that
the loss of sales over the life of an image that is lost or damaged is the
industry standard of $1500 per image, they called me right back (from
England) when they got my fax.  It seems that they located my slides
quickly after they did the math and figured out that they (their insurance
company) would owe me $120,000.00 otherwise.  

What does this have to do with SPORRS?  It's a RR history book.

It pays to do any business transaction correctly.

Yes, all eighty images are already registered with the copyright office as
one group prior to publication (but you have three months after date of
publication to do that anyway).  BTW, it takes about six months at least to
get your registration forms back from the copyright office, but they are
considered registered on the date that they receive them (so get return
receipt).

Dave Cohen
Photographer, Member ASMP
Action Photographic Webmaster
[EMAIL PROTECTED]
http://www.anet-stl.com/acphotog/home/







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-> SPORRS: 'Serious Photographers Of Railroad Related Subjects'
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