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January 2010


Comments from the Chair: HELLOOOOO! LAS VEGAS!

Apologies are due once again for the long delay in getting the latest ISnAP to you. We have a good excuse. We’ve had a number of complaints that the files we’ve been sending are far too large for some servers to digest and process. Many ISAP members have simply not been able to open ISnAP and access its contents. This has been a dilemma that has only just now been overcome. We finally spent the bucks to buy the software (Adobe Acrobat) that can reduce the size of our PDF file to a manageable document. The ISnAP you’re currently reading is the end product of running the original Adobe InDesign file through Acrobat. Hopefully, those of you who have had problems opening ISnAP in the past will no longer have any difficulty. If you hear of anyone having a problem, please, please contact us with that person’s name and e-mail address so that we might try to figure out how to resolve any remaining issues. ISAP-IX, I’m pleased to report is spooling up to be one of our very best ever! The guest speaker list is superb, the field trip can’t be any better, and who can argue with Lost Wages! Here’s where we sit: (1) Hotel - If you haven’t reserved a room, get off your butt and do it today. Last time I talked to the nice folks at the Hampton Inn Tropicana (702 948-8100; make sure to tell them you’re with ISAP in order to take advantage of the special $79 per night rate), there were about seven rooms left and there was every indication those wouldn’t last long. I do not know whether the hotel will allocate more rooms to our event once the initial batch is taken, but I most certainly would not take any chances if you are hoping to stay close to the action. Dates of the event are March 4, 5, 6. Address of the hotel is 4975 S. Dean Martin Dr., Las Vegas, Nevada 89118-1656. (2) Speakers - We’re working on locking down commitments from a couple of these, but as of today, here’s what we’ve got lined up (rather than use space to tell you about each speaker, we’ve elected to provide you with their web site address so you can have a look on your own): Frans Dely ( Greg Heisler ( Max Haynes ( Lorenzo Gasparini with Pocket Wizard ( Canon ( Eric Schulzinger ( Eric Curry ( Thomas Bunce ( Jim Sugar ( Nikon ( Carolyn Russo ( Both Nikon and Canon have some special presentations lined up for their allocated time slots. As soon as we have more information on these, we’ll get it to you for consideration. Not to worry, as they’ve never let us down yet! (3) Everything is a “go” for Nellis AFB. We’re also working with the folks at Creech AFB - home of USAF UAV operations - to see if an auxiliary field trip can be arranged there. Not much to report at this time, as they are reviewing their schedule, but if it happens, everything will be run through Richard Vandermeulen ( - who will arrange transportation and coordinate with those who would like to make the trek. There probably will be a limit on the number of shooters, and a fee will be charged to cover the van costs, so contact Richard for additional information and to be placed on his roster. Non-US citizens, please provide passport information for this! (4) The attendance fee for ISAP-IX is $175. That will cover our costs for bus rentals, miscellaneous hotel charges, guest speaker travel and hotel expenses, and other miscellaneous overhead. We will only be able to take checks or PayPal. Please note that PayPal accepts credit cards. Mail your checks (made out to the International Society for Aviation Photography) to Bonnie Kratz, N4752 Valley Road, Luxemburg, WI 54217 (ph. 920 680-3029 for additional information). Any problems with PayPal, e-mail Michele Peterson ( with your question. I know you have to be asking, is this all? Of course not! Check out page 8 for the rest!!!!

Meet the Members David Baranek

I’m a retired Navy F-14 radar intercept officer (RIO), the crewman who sits behind the pilot and operates the radar and handles navigation, communications, and other duties that helped make the Tomcat effective. I also took photos when I was flying, and was sponsored into ISAP by George Hall.

Although I was a Lieutenant Commander (O4), I was flying with a new pilot so we were the wingman - but as the senior person in the flight I was the mission commander. I figured we’d have a little extra fuel, so after the mission brief I described a photo setup we could execute on the way out to our station, which everyone agreed to. We manned our jets in the warm tropical evening.

This is one of my all-time favorite photos:

F-14 in Zone 5 Afterburner, Off the Coast of Vietnam, April 1989

It was April 1989 and I was deployed aboard USS Ranger with the “Bounty Hunters” of Fighter Squadron Two (VF-2), a Navy F-14 Tomcat squadron. We were passing through the South China Sea off the coast of Vietnam, on our way to the North Arabian Sea to patrol off Iran, which is what most American aircraft carriers did in those days. I was scheduled for an evening combat air patrol mission as a flight of two, scheduled to take station about 150 miles from the ship in case anything came out from Vietnam, as Soviet MiG-23 Floggers, Bears, and Badgers were operating out of Cam Ranh Bay. I had been taking photos since my first days in a fighter squadron eight years before, and this flight presented an opportunity for a great shot of the F-14’s impressive afterburners. For years I had been challenged to get a good shot of the burner plume, which on the F-14A was difficult to see in direct sunlight. Figuring I’d have this chance at some time during the months of flying ahead, I’d picked up a roll of ASA 800 or 1000 color print film when we stopped in the Philippines. I was shooting with a Konica FT-1and aftermarket zoom, probably a Tamron 35-135 mm that opened to f 4. I was budget-minded about my equipment, but liked Konica’s built-in auto-winder and their exposure modes.

My aircraft launched first, right around sunset. We climbed to 10,000 feet overhead the carrier and waited for our lead. He joined up, took the lead, and we headed toward our station, remaining at 10K until we were a few miles from the ship. By now it was fairly dark, 10-15 minutes after sunset. Using hand signals and our second radio we coordinated the photo shoot exactly as I had briefed it. Lead manually swept his wings to about 50 degrees; my pilot kept our wings in auto so we would have a maneuvering advantage. Established in close formation at 300 knots, lead selected full afterburner (“zone 5”) while simultaneously pulling his nose up about 30 degrees. I had asked him to pull the nose up for two reasons: (1) control airspeed for smoother flying while I took photos, and (2) I knew it would look cool!

As soon as we stabilized in the climb I started taking photos. I told my pilot, “Move up...good.” “A little forward.” “A little down...good.” I was clicking-away, but our lead’s zooming fighter looked so cool that a few times I lowered the camera and just took in the sight. I could clearly see the discs of shockwaves in the burner plumes, slowly moving forward and back as our speed and altitude changed. The burner plumes didn’t look like fire, they looked like bright glowing cones about 50 feet long. In just a few moments - less than a minute - I had shot 24 frames of film, so I came up on the radio and said I was done. We were near our CAP altitude of 25,000 feet so both pilots went back to normal mode of operation.

story about what happened to our fuel...but we never needed it. We orbited silently waiting for visitors that never came. About an hour and a half later it was time to head to the recovery pattern and start our return to the ship. A few days later we pulled into Singapore and I got my film developed, very pleased with the results, even with noticeable grain, which I think adds drama. During nearly three years in VF-2 I captured a few dozen shots that I really like, including studies of different paint schemes and formations with different aircraft. Most of them were shots of opportunity, taken on the way out or back from training missions, which shows the rich visual tableau presented to aviators in the course of their routine duties. Apart from the photography opportunities, flying Navy fighters provided enough dramatic material that a few years ago I wrote a memoir of my first few years, highlighting the personal growth and camaraderie, as well as life-or-death adventures such as the time I ejected from an F-14 as it crashed during a carrier landing. I

Soon we stabilized and checked fuel, to find we had used all of our mission fuel reserve. We checked for aerial refueling, but none was available. It was a pitch black night as we slowly headed to our station. If anything had launched from Vietnam we would have been hard-pressed to intercept and escort it without running dangerously low on fuel. In my cockpit we started to think of a

I was fortunate to be selected as an instructor at the Navy Fighter Weapons School, Topgun, and was there when Paramount filmed the movie, which provides a recognizable title for the book: “Topgun Days” (the working title). It’s scheduled for publication in May 2010 by Skyhorse Publishing, and will include roughly fifty of my photos. © Dave “Bio” Baranek, September 2009


I Found An Infringement! Now What Do I Do? Copyright Carolyn E. Wright, Esq. All Rights Reserved

You’re sitting in your easy chair and surfing the web. You’re not paying much attention, until you see it. It’s your photo, but you did not post it there. You can’t believe they used your photo without your permission. Now what do you do? The steps you take may limit your ultimate remedies so be sure to not act too quickly. Make Sure That the Use Is an Infringement Not all uses of your photographs are infringements. Do you use a licensing agency that may have authorized the use? Could the user be related to an entity to which you authorized the use? Is the use a fair use? While only a court can ultimately decide what fair use is, the law gives us guidelines as to what may qualify. Read more about fair use in my blog entry at fuss-about-fair-use.html. Make Copies of the Infringement After you decide that the use is likely an infringement, make copies of it – both in electronic and print forms. Once the infringer realizes that she is caught, she will do what she can to get rid of the evidence of the infringement. You may need that evidence later. If the infringement is in print, then take a photograph of it, scan it, photocopy it, and/or show it to another person who would be willing to testify about it. If the infringement is on the Internet and/or in electronic form, make a paper print of it and/or (both are better!) copy a screen capture of it (Snagit by TechSmith is a great program to copy web pages). Determine whether your copyright management information (CMI) is included in or has been removed from the infringing use (read more about why and how to include your CMI in your photos at and

Research the Infringer Next, find out what you can about the infringer. Research the infringer’s website to find his name and contact information. If the infringer is a corporation based in the United States, you can find information about it on the state’s Secretary of State’s website. To find the state’s Secretary of State’s website using an Internet search engine such as Google, search the corporation’s state’s name (such as “Georgia”) and the words: “secretary of state.” The extension of the URL will be “.gov” or “.us.” Be careful - some websites attempt to appear to be the state’s website so that they can charge you for the information. Once on the state’s Secretary of State’s website, look for “corporations search” or similar language. You also may be able to find a contact name by searching the website’s “who is” information. You first do a “whois” search on the website name. Several websites provide free “whois” services, such as Conduct an Internet search to find them. After you enter the website name there, you may be able to find contact information for the administrator of the website. Option #1 – Do Nothing Now that you’ve documented the infringement and have some information about the infringer, you always have the option of doing nothing. If the infringer is in a foreign country where infringements are rampant and difficult to enforce or is a small website with little traffic, you may decide that it’s not worth your time and effort to fight the infringement. Option # 2 – Request a Photo Credit If the website would provide a marketing outlet for you, you may only want the infringer to give you proper credit. If so, write the infringer a letter officially giving her the right to use the image (be sure to designate the parameters of that use, such as who, what, why, when and where – see my blog entry for more information), but include the condition that the infringer post a photo credit with a copyright notice on or adjacent to the use. You may also require the infringer to add a link to your website. You may get additional work from the infringer or others. Option #3 – Prepare a DMCA Take-Down Notice Thanks to the U.S. Digital Millennium Copyright Act (“DMCA”) enacted in 1998, the Internet Service Provider (“ISP”) that hosts a website is not liable for transmitting information that infringes a copyright only if the ISP removes the infringing materials from a user’s website after receiving proper notice of the violation. The notice must: be in writing, be signed by the copyright owner or the owner’s agent, identify the copyrighted work claimed to be infringed (or list of infringements from the same site) and identify the material that is infringing the work. Additionally, the notice must include the complaining party’s contact information, a statement that the complaint is made in “good faith,” and a statement, under penalty of perjury, that the information contained in the notification is accurate and that the complainer has the right to proceed (because he is the copyright owner or agent). Check my article here: index.php/articles/314 to learn more about how to prepare a DMCA take-down notice. Even if you don’t reside in the U.S., you may use this great tool to stop an infringer whose ISP is in the U.S. from using your work. Option #4 – Prepare a Cease and Desist/Demand Letter Yourself When you don’t want to alienate the infringer (the infringer is a potential client and/or appears to be an innocent infringer), you may want to contact the infringer to explain that the use is not authorized and either request payment of an appropriate license fee, a photo credit with a link to your website (as discussed above), or that the infringer cease use of the image. It’s best to do this in writing – a letter by surface mail seems to have more clout than email correspondence. Photographers sometimes send an infringer an invoice for three times their normal license fee in an attempt to resolve the infringement issue. While the 3x fee may be an industry standard, is not a legal right given by any court of law or statute. Instead, U.S. law states that you are entitled to actual or statutory damages for infringement as provided by 17 U.S.C. Chapter 5, specifically section 504. The damages that you can receive from infringement - especially if you timely register your photographs - sometimes can amount to a lot more than three times your normal license fee. So you may want to think 2x before you send the 3x letter. There are some risks in sending the letter yourself. First, the infringer may attempt to preempt an infringement lawsuit and file a request for declaratory judgment that the use is authorized. This may involve you in a legal action for which you may need legal counsel in a jurisdiction (court location) where you don’t want to litigate. Second, your demand for payment may be admissible against you if an infringement case is filed. If you demand too little, then it may limit your ultimate recovery. To avoid this possibility, include in your demand letter that “these discussions and offer to settle are an attempt to compromise this dispute.” Option #5 – Hire a Lawyer to Send a Demand Letter When an attorney gets involved, the matter is escalated and tensions rise. While the infringer may be more defensive, the weight of your demand letter is dramatically increased if it comes from an attorney and the infringer generally takes the matter more seriously. Some attorneys charge a flat fee to send a letter; others may charge a “contingency fee” which is based on the percentage of recovery. Or the fee may be a combination of both.

Option #6 – File a Copyright Infringement Lawsuit Your most aggressive option is to pursue your legal remedies by filing suit. Unless you created the work outside of the United States and in a country that is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, you must register your copyright with the U.S. Copyright Office, hopefully before but at least after the infringement. (If you created the photo in a country that is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, you do not have to register in the U.S. to protect your copyright or to file an infringement lawsuit in the U.S. However, if you do, then you may be entitled to statutory damages and attorneys’ fees, as noted here.) If your photo was not timely registered for this infringement, you may want to register the photo for future possible infringements, as well, to be eligible for statutory damages of up to $150,000 per willful infringing use for each photograph. See 17 USC §504(b) and (c). Legal fees and costs also may be recovered from the infringer. See 17 USC §505. In most jurisdictions you need to have received your registration certificate to file a complaint. Unless you have a breach of contract or some other state claim, you must file your infringement claim in a federal district court ( To file suit, it is best to hire an attorney to help you because the legal procedures are complicated. Note that you have three years from the date of infringement to sue for copyright infringement. When a photo is not registered with the U.S. Copyright Office prior to the infringement (or within three months of the first publication of the photo), a copyright owner may recover only “actual damages” for the infringement (pursuant to 17 U.S.C. 504 (b)), instead of statutory damages. Courts usually calculate actual damages based on your normal license fees and/or industry standard licensing fees. One source for standard license fees is a software program called Fotoquote. You also may recover the profits the infringer made from the infringement if they aren’t too speculative. Additional Claims While many photographers place “watermarks” including their name and/or their copyright notice on their images or in the metadata of the file to prevent someone from infringing them, it’s fairly easy to crop or clone over the mark, or to remove metadata. Fortunately, the DMCA section of the Copyright Act provides a remedy in addition to the infringement claim when the infringer removes your CMI to hide the infringement. More information is available on my blog at Additionally, when you can prove that the infringement was done willfully, then you are entitled to enhanced statutory damages. “Willfulness” means that the infringer either had actual knowledge that it was infringing the owner’s copyrights or acted in reckless disregard of those rights. Evidence that the infringed works bore prominent copyright notices supports a finding of willfulness. What You Can Do to Best Protect Your Images To be eligible for maximum damages for copyright infringement and violation of your DMCA rights, put your copyright notice on each page of your website and put your CMI on or at least adjacent to each photo as well as in the metadata of your files. Instructions for adding your CMI to your metadata are available here: html. Further, register your photos with the U.S. Copyright Office ASAP! The Copyright Office recently made online registrations possible, too. Check my article to learn the details and for instructions on how to register your work: index.php/articles/341. Conclusion Infringements are rampant these days, both because it’s easier for the infringers to find and copy your images and because too many people think that they have a right to use your photos or they won’t be caught. Fortunately, there are many tools to battle copyright infringement. It’s up to you to use them.


Carolyn E. Wright is a licensed attorney dedicated to the legal needs for photographers. Get the latest in legal information at Carolyn’s website, These and other legal tips for photographers are available in Carolyn’s book, The Photographer’s Legal Guide, available on her website. NOTE: The information provided here is for educational purposes only. If you have legal concerns or need legal advice, be sure to consult with an attorney.

So you call yourself a still photographer? by Eric Schulzinger The convergence between still and video isn’t coming…it’s already here. With the introduction of the most recent Canon 5D Mark II and the Nikon D90 the lines have become permanently blurred. As a Canon shooter, I have experienced the evolution of digital imaging starting with early models dating back to October 2000 with the D30 camera. In the beginning, the file sizes couldn’t compete with the 2-¼ chrome I was shooting; however I quickly found that the D30 was far more efficient than using Polaroid for testing lighting. The efficiency of digital was a stark contrast to shooting film and the transition was quickly underway. Each new camera offered exponentially better and higher resolution with expanded features. The leap forward with the latest 5D Mark II moved the needle in a new direction. The camera as expected has better image processing of the 21-megapixel files than ever before. It also has an extended ISO range, which allow shooting in low light at up to 25,600 in expanded mode. Optimum results are more in the 1,200-1,600 ranges for low light shooting in my opinion. The real breakthrough is the camera’s ability to shoot full HD video at 1024 X 1920. It is the first of a new generation of cameras, which will forever redefine our roles as image-makers. Traditional publishing is quickly adapting to a Web-centric audience aided by economic as well as environmental pressures. To survive, publications are adapting to e-publishing, which has opened an ever-expanding need for multi-media content. As content creators we will also need to redefine our role to compete in the changing environment. The Canon 5D Mark II is a first step in allowing us to make that transition from still photographer to multi-media artist. Although the camera has stunning video quality, as a first generation still camera used for video capture it lacks the functionality of a video camera. The greatest challenge is maintaining critical focus. Because the camera captures video using a full 24X36 sensor it has a very shallow depth of field. As a result, the video it captures has a very cinematic look and feel. It is extremely challenging to move the camera while shooting and tracking focus in the video mode. After-market focus systems by manufacturers like Zacuto and Redrock are making it easier; however the systems are not inexpensive. Future generations of convergence cameras will surely have ergonomics designed with the videographer in mind. This is an exciting time for photographers and content creators. The sooner we embrace the new direction that digital imaging is taking; the more adept we will be at mastering the new tools at our disposal.


Now celebrating his 30th year with Lockheed Martin Corporation, Eric Schulzinger is Dir. Multimedia Communications. He currently produces and directs television advertising and web video content. His work can be seen at:

Photoshop Tip Time Undo Heaven, Just Add History States If you are like me, and love having a good amount of undos in the event that you go overboard with your adjustments, you can change the amount of History States that you have in Photoshop CS3. Note that the location of the History States preference has changed as well. Choose Photoshop>Preferences>General (PC: Edit>Preferences>General) and notice that there is now a Performance option on the left. You can change the History States in this area. Keep in mind though, if you are excessively using History States, you may want to rethink what you are doing wrong in the first place. I know I have to.

Before and After in Camera Raw As you work on a photo in Camera Raw, you’re undoubtedly going to want to see what it looks like in comparison to the original. Well, Camera Raw doesn’t really have a side-by-side preview, but here’s the next best thing: When you’re in Camera Raw, there’s a Preview checkbox at the top right of the image preview. You can turn it on to see your changes or turn it off to see the before view of your photo. However, that’s kind of lame. Instead, just hit the letter P to toggle the preview on and off. Provided by NAPP (National Association of Photoshop Professionals) ® 2009 Kelby Media Group.


Airplane ID Winners!

(5) Paul Bowen has volunteered Tom and Deana at his office to put together a powerpoint introduction like they did previously for ISAP. This is what they need from each and every attendee! 1. A portrait of yourself (so people can put a face with a name). 2. Name (how YOU want it to appear in YOUR mug shot) and title. They are thinking title as in Freelance Photographer, Commercial Photographer, Hobbyist...etc. 3. Where you are in city, state, etc. 4. Five images you think are a great representation of your photographic work. 5. All images should be approx. 6” x 9” at 150dpi, max jpg. Submit all information by February 1st. Email to OR snail mail CD to:

Paul Bowen Photography, Inc. PO BOX 3375 Wichita, KS 67201

Deana says they are open to anything else you deem necessary to include! Just keep it brief! (6) Any spouses who will be attending but would prefer to view the sites and sounds of Vegas instead of ISAP presentations should contact Susan Miller ( Susan is planning to put together a little itinerary for those who are looking for something to do as a group outside the normal ISAP seminars and the field trip. Input is welcome! More to follow, but for now, this should be most of what you need to get registered and onboard! See you in about six weeks!



Red Bull Air Race @ Porto 2009 Hello, I was searching about who was taking pictures from the Red Bull Air Race @ Porto 2009 event in the Red Bull Helicopter and I found that was someone from your society. He took some pictures of me in a building near by as I was taking pictures of the Heli and I would like to know if it’s possible to have the photos. Thanks in advance. Best regards, Nelson Ribeiro. Portugal (


Got anything you want to sell or trade? Here’s your chance! Just drop the editor a email at

Well, I certaiinly got some interesting answers on this one! I received quite a few responses, but the first correct one was from Stephen Fox. The second design (1933) by George Wilbur Cornelius, the Cornelius Aircraft Co. LW-1 (X13706) was an improved verison of as single seater parasol monoplane, the Cornelius Fre-Wing (X182W), that used independently variable incidence wings for pitch and roll control. Powered by a 120 hp Martin 133, a fourcylinder inverted inline. The LW-1 can be spotted in the 1941 movie, Power Dive, along a wall at Metropolitan Airport in Van Nuys California.

Photoshop Tip Time Change layer content If you have an adjustment layer and you’ve spent some time painting on the layer mask, the last thing you want to do is start all over again if you decide you should have used a different adjustment layer. Instead, go to the Layer menu and from the Change Layer Content submenu, choose the adjustment layer you want to use. The adjustment layer will change, but the layer mask will be preserved.

Increasing Brush Sizes Pretty much all applications that use a brush can be regulated using the Bracket keys. The Left Bracket ( [ ) key decreases the brush size, while the Right Bracket ( ] ) key increases its size. If you press-and-hold the Shift key, it increases the size by a larger amount.

Scrubbers 101 In most dialogs, you can use the scrubber (slider) to change measurements. To change the performance of the scrubber, try using these keys: Shift will make the scrubber jump very quickly to larger or smaller numbers and Option (PC: Alt) will slow down the scrubber to move one number at a time Provided by NAPP (National Association of Photoshop Professionals) ® 2009 Kelby Media Group.

ISnAP Sponsors (in alphabetical order):

Canon USA

Air & Space Smithsonian

Delkin Devices

Aircraft Owners & Pilots Association Lockheed Martin Aeronautics Company


Nikon USA

January 2010


ISAP Chairman of the Board – ISAP Board Vice Chair – ISAP Board Member - ISAP Board Member - ISAP Board Member – ISAP Board Member - ISAP Board Member - ISAP Board Member - ISAP Board Member - ISAP Board Member - ISAP Membership Coordinator - ISAP Treasurer - ISAP Web Site Manager - ISAP Field Trip Coordinator - ISAP Speaker Coordinator - ISnAP Editor -

Jay Miller Chad Slattery Paul Bowen David Carlson Denny Lombard Russell Munson Albert Ross Eric Schulzinger Caroline Sheen Katsuhiko Tokunaga Larry Grace Bonnie (Bartel) Kratz Michele Peterson Richard VanderMuelen Andy Wolfe Frank Landrus

The ISnAP is a monthly publication of the International Society for Aviation Photography and is used to communicate news, functions, convention information, and other events or items of interest on the local, regional, and national scenes. The views and opinions expressed in this newsletter are those of the authors and should not be construed as the views or opinions of International Society for Aviation Photography. Deadline for submissions to The ISnAP is the 25th of the month prior to month of issue. Please submit as a WORD text file as an attachment via email to your editor.

It's "Airplane ID" time! Here's your next challenge:

Jay Miller Photo Collection

ISnAP 2010-01  

The January 2010 issue of the ISnAP Newsletter (publication of the International Society of Aviation Photographers)

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