Anderjda at dfw.wa.gov
donb at rational.com

Dear Jon and Don,

I received your posts regarding my call for bird
photos for a possible 1997 page-a-day amateur birding
calendar. Apparently you have had a bad experience at
some point in the past, because I feel you were very
quick to condemn my request. It is true that the
calendar would be sold for a profit, AND it is true
that it simply is not an economic possibility to pay
for more than 300 photos. This is a new and unproven
calendar, and whatever net profit there may be may not
be enough to make it feasible to continue the project.
If on the other hand it makes enough money to do one
again in 1998, maybe there will be enough to pay for
submissions.

We were not making any restrictions on copyright.
All we wanted was the opportunity to publish the photos
once without restricting the owner from publishing them
elsewhere at any time (one-time, non-exclusive rights).
This is no different from other calendars (for instance,
the dog-a-day calendar published by by Day Dream
Publishing, Inc. They do it as a contest,
and the winners get to have their photos published
(with no other prize). Day Dream also retains other
rights to publish the photos in other calendars, PR
and so on. We weren't asking for that. Yes, the Day
Dream Calendar does (in the 1995 issue, anyway) pay
the Humane Society of the United States for the
use of their logo. We might consider that in future
issues if the calendar succeeds, but at this point
there is simply no budget for it.

I should point out that other companies do the same
thing purely for promotional projects. Sometimes the
contributors win prizes, sometimes they don't. When
you are working with a very small company, a tiny
budget and an unproven product, there is a very big
risk involved for the publisher (the entire company,
for which I sometimes work as a contractor for much
less than the "going" rate, consists of one guy, his
wife and two part-time office helpers). If you think
any of us, especially myself, are getting rich on
this, you are entirely wrong.

Other people with other interests have been willing,
even eager for a chance to get their photos published
without a fee. I do not think this is taking advantage
of them (although if we were a large publishing house
poised to make a significant profit, then yes, I think
they should be paid).

>From: Jon Anderson <anderjda at dfw.wa.gov>
>Anyway, pay me for my work, Larry, or do this for a non-profit
>environmental outfit, and I'll be happy to contribute.

I have worked most of my life for non-profit
organizations and I have never knowingly taken
advantage of anyone. To the best of my knowledge
neither has the publisher. Apparently you seem to
think that such an enterprise as ours is not reputable
unless it is non-profit. If that is so, then I submit
that you do not understand all there is to understand
about small businesses in America. Many small
businesses are essentially non-profit because they
work on such a small margin. And many non-profit
organizations are not really out there for the public
good. I would not be doing any work for this publisher
if I thought they were being unfair.

>From: Don Baccus <donb at Rational.COM>
>. . . Don't aid and abett these (hmmm)
>mammalian fecal droppings masquerading as a publisher.

In many small businesses (including my own), people
are out there working to survive while providing what
we hope is a worthwhile service. To be labeled "mammalian
fecal droppings" is unfair, petty and quite frankly
reflects an intellectual immaturity that I hope and
sincerely believe is not true for the birding community
in general.

No one is twisting your arm or holding a gun at your
head to submit a photo. I have seen the growing
concern over artistic rights and compensation,
codified in the much modified copyright legislation,
hobble free enterprise, non-profit efforts and
education in this country. I am sorry to see that it
has entered the ranks of amateur birding.

Sincerely,

Larry Sessions
explorer at filebank.com

P.S. I give away my work all the time in the form of
my newsletters, North American Skies and Family
Explorer, that are posted in whole or in part, in
various locations on the net. Yes, I hope to get paid
subscribers to the printed versions. I also hope to
pay the mortgage, buy food, send my kids to school and
so on.