VOLUME 32 / NUMBER 1/ 2006 
Calendar and Association News by Gary Schnitz, CMI, FAMI  

This section contains information relating to our associations' professional annual meetings. These meetings are vital not only for the financial health of our organizations, but they also represent great opportunities for all of us to gain new skills, to share academic or research interests, and to acquire continuing education hours for certification.

We continue to expand this section to include recent manufacturer press releases and other noteworthy items of information for our JBC subscribers and Association members. Please let us know how we may improve this section, as well as other components of your Journal

The JBC hopes that you will take advantage of these annual meetings and the opportunities they offer, and we encourage you to support your professional association

Upcoming 2006 Meetings

37th Annual Meeting and Educational Program
to be held in Las Vegas, Nevada

November 10-14, 2006
Riviera Hotel and Convention Center
2901 Las Vegas Blvd South
Las Vegas, Nevada, USA  89109

Plan to attend the Ophthalmic Photographers' Annual Meeting and Educational Program

We have all heard the phrase, "What happens in Vegas, stays in Vegas." Not this time folks! With over 140 hours of lectures and workshops, including 24 new courses, you will be able to take a WEALTH of information back home with you!

Some of the new topics include Diabetes & Glaucoma, Cataract Surgery & Diabetic Retinopathy, Wide-Field Fundus Imaging, Update on Research in Diabetic Retinopathy, Digital Color Management, Ophthalmic Telemedicine and many more. Additionally, we will be offering a number of Ask the Experts panel discussions and Symposia on Screening Programs for Diabetic Retinopathy, Rare Cases, and OCT. Did someone say, OCT? We have got you covered for that as well. We will be offering 16 lecture hours of OCT topics, including the new Visante and a look into the future of this technology that is very rapidly redefining the way we image the eye. In an attempt to meet the ever-growing demand for education in this technology, we have added a completely separate OCT timeline, including workshop lectures and workshops, every day during the program.

Be sure to make plans to attend the much-heralded Scientific Session, as well as the Second Annual Donald M. Gass, M.D. Memorial Lecture, both scheduled on Friday afternoon, the opening day of the program. This year we are very fortunate to have the Godfather of OCT, Carmen Puliafito, M.D., delivering the Gass Memorial Lecture. He will be presenting: "OCT: Past, Present and Future."

The Welcome Reception on Friday evening and the Banquet on Sunday night are great opportunities to catch up with old friends as well as the chance to make new ones. Networking and interacting with fellow members at these gatherings can be an outstanding resource; do not overlook this opportunity.

Please set aside some time to attend the OPS Business Meeting on Sunday; a great occasion to connect with members of the BOD, BOC & BOE and also see how your society works.



Managing the Migration to HD in an SD World
Certification Training: November 12-17
Conference: November 14-17
Exhibition: November 15-17
Los Angeles Convention Center

Certification Training:  November 12-17
Conference:  November 14-17
Exhibition:  November 15-17

As technologies have evolved over the last decade, so has the Digital Video Expo. This year's event will focus primarily on HD video, while keeping an eye on traditional video infrastructures and the explosion of emerging non-traditional distribution channels.

This year's DV Expo will feature:

  • Super-Sized Show Floor Exhibition featuring 125 + Exhibits!
  • DV Film Festival will feature "Planet X," a new independent film festival on the show floor!
  • HD House (direct from Sundance!) that will include case studies, panels, and camera lounge!
  • More Special Events including a Presentation Theater featuring free seminars!
  • New Apple and Avid Certification Training Workshops!
  • New Business and Legal sessions, Flash sessions, and IPTV Conference Tracks!
  • New Conference Sessions on Audio, After Effects, Cameras, HD Graphics, Lighting, Motion Graphics, Pod-casting, Studio Techniques, Web-casting, and more!

For more information visit:

Upcoming 2007 Meetings

Macworld Conference & Expo
January 8-12, 2007  -  San Francisco, California

For over 20 years, Macworld Conference & Expo has been the leading destination for Mac computing professionals and enthusiasts alike. The event combines world-class educational opportunities with professional and social networking opportunities and exposure to thought leadership that Mac platform customers from around the world depend on to get the most from their technology investment.

Our speakers pulled out all the stops to make the Macworld 2006 conference one of the largest and most exciting conferences ever.  Even more is being planned for the 2007 event. The different programs and sessions will offer a variety of opportunities for attendees to learn the ins and outs of the latest and greatest applications and tools being offered for the Mac, not to mention the tips and tricks to help attendees go from amateur to power user in a short period of time.

A unique spectrum of Macintosh technology buyers will once again come together to explore and learn about the latest Mac innovations and coolest products.

Mac professionals, novices, developers and enthusiasts all will enjoy the high-energy, camaraderie and community building that only takes place at Macworld Conference & Expo.

Macworld Conference & Expo Meeting Website:

To Register for Macworld Conference & Expo:

Photo Marketing Association International
PMA 2007

International Convention and Trade Show
March 8 - 11, 2007

Las Vegas, Nevada

Picture More Opportunities

The leading international convention and trade show, PMA 07 hosts retail entrepreneurial memory makers from around the world, including photo retailers, professional photographers, mass merchandisers, professional labs, custom picture framers, and scrapbook retailers. The PMA 07 International Convention features more than 200 sessions, encouraging the discovery of more opportunities, professional development, and the inspiration to act on emerging trends. Further opportunities are found at the PMA 07 Trade Show, offering more picture-related products than any other event. PMA® members help people everywhere create, keep, display and share memories through pictures.

More than 20,000 industry professionals each year can’t be wrong – PMA 07 is the place to be for the photo imaging industry!

Hotel Accommodations

Reserve a room at one of the 20 PMA official hotels. For complete information on location, room rates, and special features, please view the appropriate PDF below and make your reservations today!

Attendee Hotel Booking Information (PDF) 

Telephone: 800-974-9833; outside the U.S.
and Canada: +1-847-282-2529
Fax: 800-521-6017 or 847-940-2386

PMA Meeting Website:      http://www.pmai.org/pma07/

HeSCA 48th International Conference on Health and Science Communications
        June 14-16, 2007  -  Toronto, Canada


Toronto Convention & Visitors Association

Information Communications Marketplace
to be held in Anaheim, California

Conference: June 15-21, 2007
Exhibition: June 19-21, 2007

InfoComm is the Best Conference and Exhibition to Explore AV Technologies!

InfoComm is the largest event for the professional AV and information communications industry. It's the only show you need to see the newest technologies for audio, video, display, projection, lighting and staging, digital signage, conferencing, digital content creation, networking, signal distribution and much more!

The InfoComm Conference and Exhibition will feature:

-  Display and projection technologies
-  Multimedia products and services
-  Digital signage       
-  Networked information systems
-  Audio technologies and services
-  Security systems
-  Streaming media
-  Residential A-V systems
-  Video and video production  
-  Furniture, racks, cases, stands
-  Lighting and staging 
-  Cables and connectors
-  Digital cinema and entertainment systems    
-  Wireless systems
-  Control, interfacing, and signal distribution
-  Structured wiring
-  Collaborative conferencing including audio, video, data, and web

Interested in exhibiting? Hurry to capture already limited space by e-mailing exhibitsales@infocomm.org.

InfoComm 07 Meeting website: http://infocomm05.expoexchange.com/content/Home.asp

Announcing the 77th Annual Meeting
BioCommunications Association

BIOCOMM - 2007
July 22 - 27, 2007
Tucson, Arizona

BIOCOMM is the annual meeting of the BioCommunications Association. It is held once a year in North America. It includes several days of seminars, workshops, a juried exhibition of work, and business meetings of the Association.

Commercial representation and sponsorship provides members with updates on media technology.

BIOCOMM - 2007 Meeting Website:  http://www.bca.org/annual_meeting/index.html

Metropolitan Tucson Convention & Visitors Bureau

Announcing the 2007 Annual Meeting of the
sociation of Medical Illustrators

Bozeman, Montana 
July, 2007

More information will be coming soon. Please visit: www.ami.org

Visit the Bozeman Chamber of Commerce site: 

Announcing SIGGRAPH 34th International Conference on Computer Graphics and Interactive Techniques


San Diego, California,
Conference August 5 - 9, 2007
Exhibition   August 7 - 9, 2007

In the next 12 months, there's only one opportunity to understand, create, experience, and debate every aspect of computer graphics and interactive techniques: SIGGRAPH 2007 in San Diego.

Digital innovators, creative researchers, award-winning producers, provocative artists, energetic executives, and adventurous engineers. The worldwide SIGGRAPH community gathers in San Diego to explore the products, systems, techniques, ideas, and inspiration that are creating the next three generations of computer graphics and interactive techniques.

Learn from the world's leading experts, as they present advanced theory and practical applications. See the year's finest international achievements in digital art, animation, and visual effects. Meet SIGGRAPH Pioneers and emerging achievers.

Plan to attend and exchange ideas, insights, and inspiration with people who share your goals and aspirations.

For more information visit:  http://www.siggraph.org/s2007


Related Association News

The Illustrators' Partnership of America

The Association of Medical Illustrators, in conjunction with The Society of Illustrators, The National Cartoonists Society, The American Society of Architectural Illustrators, and The Illustrators' Partnership of America, continues to seek better ways to market and license the rights to their creative work.

One of the goals of this working coalition is still to explore the possibility of collecting and pooling artists' reprographic fees in order to create a collective rights administration to return reproduction royalties to illustrators. Since the birth of the Illustrators' Partnership of America, the organization's key mission has been the development of a licensing agency that would truly represent the best interests of American artists and illustrators.

For more information about the Illustrators' Partnership of America, visit the IPA Website at http://www.illustratorspartnership.org/

For information about protecting your copyrights:


Proposed Legislation Could Orphan Copyrights

On January 23, 2006 the U.S. Copyright Office issued their Orphan Works Report, outlining their recommendations to Congress for changes to the 1976 Copyright Act. While we know the Copyright Office made a sincere effort to solve the problem of copyright availability for users, we believe these proposed changes will undermine copyright protections for artists.

The report defines an "orphan work" as any work where the author is unidentifiable or unlocatable, regardless of the age of the work. It extends to both published and unpublished works, and includes both U.S. and foreign works. At 127 pages, the report is too long to analyze in detail here, but you can access it at the Copyright Office website. For those who wish to cut to the chase, the explicit language for their proposed changes can be found on page 127.

To understand the effect these changes may have, consider what the 1976 Act currently guarantees to you. It guarantees that you have the exclusive right to authorize or withhold reproduction of your work and to create derivative works. It guarantees this from the moment you fix the work in a tangible form, and it guarantees this without imposing formalities such as a copyright mark or registration. The Berne Convention for the Protection of Literary and Artistic Works forbids such formalities as a condition on the enjoyment and exercise of copyright. The U.S. formally acceded to Berne in 1988.
Placing Relevant Information on Your Work
The legislation proposed by the Orphan Works Study would not officially return artists to pre-Berne status, but for practical purposes, it would have that effect. It would not require you to mark each picture with a copyright notice and your name. But failure to do so on your part (or your publishers') could be used by infringers to justify their own use of your work. Here's the relevant part of the Copyright Office's explanation:

"For authors and copyright owners, marking copies of their works with identifying information is likely the most significant step they can take to avoid the work falling into the orphan works category. This is particularly true for works of visual art, like photographs and illustrations, that otherwise do not contain text or other information that a user can rely on to help determine the identity of the copyright owner. Nothing in the Office's recommendation would make such markings mandatory . . . Nevertheless, the presence and quality of the information on particular copies will be a highly relevant fact as to whether a reasonable search will find the copyright owner."  (p. 9, emphasis added)  

In other words, the "information" that has been placed on your work will be a "highly relevant fact" in determining - for legal purposes - whether a user has made a "reasonable search" to find you before he or she uses your work. But since the report doesn't set objective standards for what constitutes a "reasonable search," it paves the way for endless ambiguity. What do you do if a user infringes your work after what he regards as a reasonable effort to find you? What if someone simply uses your work on the grounds that you may not find out about it, and if you do, justifies his actions by citing the "fact" that your work lacked "relevant information?"
No Penalties For Infringing Orphan Work
Those who have demanded this legislation have argued that users should not be subject to penalties for infringing orphan work. They say that the public should be encouraged to use this work and that penalties would discourage use. The Copyright Office has agreed:  

"Our recommendation follows this suggestion by limiting the possible monetary relief in these cases to only 'reasonable compensation' which is intended to represent the amount the user would have paid to the owner had they engaged in negotiations before the infringing use commenced." (p. 12)

In other words, if someone infringes your work because they couldn't find you - and you come forward to claim authorship - this system would only require the infringer to pay you the fee they presume you would have "negotiated." Yet if someone has already published your work - and faces no risk for statutory damages, attorneys‚ fees and court costs, they'll be in a better position than you to dictate what constitutes a "reasonable" fee. And unless you can work with the fee they offer, you'll have no choice but to take the issue to court, knowing that the cost of litigation could well exceed whatever "reasonable compensation" the courts might determine.
By considering and rejecting remedies for infringement, the Copyright Office acknowledged the complaints by creators‚ groups that individual authors generally lack the resources to police unauthorized usage:

"While corporate copyright owners were generally in favor of a reasonable compensation approach, individual authors like photographers, illustrators and graphic artists noted that under current conditions, obtaining a lawyer to even file an infringement case is prohibitively expensive, so much so that only where statutory damages are available is it possible to file a case. If compensation were limited to only a reasonable royalty, they fear that it will likewise be practically impossible even to recover that compensation given the cost of litigation." ( p. 117)

But while the Report expresses "sympathy" for this fact of life, it states that "[t]his problem . . . has existed for some time and goes beyond the orphan works situation, extending to all types of infringement of the works of individual authors . . . It is not, however, within the province of this study on orphan works." (p.114, emphasis added)
Yet if the problem is not within the province of the Orphan Works Study, we must introduce it into the coming debate over legislation. Otherwise, a law that exposes vast quantities of copyrighted work to potential abuse could make the existing bad situation worse, making payment for usage the option of last resort for any user who chooses to exploit this glaring loophole.
Are Registries a Solution?
The Orphan Works Report notes that many respondents to the Study proposed "registries or other databases of owner or user information" as a possible solution of tracking rights holders.  A publicly available visual artists registry would match unidentified art to an artist and/or the artist's contact information. But creating a registry requires technology and staff unavailable to independent artists. Other countries protect their artists' exclusive rights through the administration of collecting societies. The Orphan Works Report states that "such administrative mechanisms might ultimately be of great assistance in helping put owners and users of orphan works together" (p. 95), but says the Copyright Office lacks the resources to create and administer them:

"[W]e believe that registries are critically important, if not indispensable, to addressing the orphan works problem, as we explain above. It is our view that such registries are better developed in the private sector, and organically become part of the reasonable search by users by creating incentives for authors and owners to ensure that their information is included in the relevant databases."  (p.106, emphasis added)

But if Congress can’t allocate funds to create the kind of registry that Orphan Works legislation would make "indispensable," Congress should not impose that burden on rights holders as a condition of maintaining their copyrights.  Especially since the effect of these changes would be retroactive, that is, affecting work created over the last 28 years, during which time artists did work with the expectation that it would be protected - whether marked and registered or not, for their lifetime plus 50 (now 70) years.
Specific Exemptions as a Solution
We believe most artists would agree with the Copyright Office that an orphan works problem exists.  Any of us who have ever wanted to duplicate old family photos will understand how troublesome (even futile) it can be to try tracking down a long-lost photographer or other potential rights-holder. But if Congress concludes that legislation is necessary to solve problems like this, we urge them to craft specific, limited exemptions instead of sweeping legislation that shifts the burden of diligence from users to copyright holders.

A limited exemption could be crafted to solve family photo restoration and reproduction issues without otherwise gutting photographers' copyrights. Usage for genealogy research is probably already covered by fair use, but could be specifically exempted if necessary. Limited exemptions could be designed for documentary filmmakers as well. Libraries and archives already have generous exemptions for their not-for-profit missions, but if their missions are changing to include for-profit ventures, they should abide by commercial standards for the usage of copyrighted material.
The Next Step
In conducting this study, the Copyright Office identified as the primary goal of Orphan Works legislation: "to make it more likely that a user can find the relevant owner in the first instance, and negotiate a voluntary agreement over permission and payment, if appropriate, for the intended use of the work." (p. 8) Yet we're afraid that this system as proposed will do little to "bring users and authors together." In fact, it could well force authors into the "marketplace" of the courts to attempt recovery of compensation after their work has been used and their copyrights compromised.

Last spring nearly 2,000 individual artists and 42 organizations joined us in opposing Orphan Works legislation. We thank all of you for your responses to our submission to the Study. Since then, we've had several opportunities to express our opposition directly to the Copyright Office. We participated in the government‚s two-day Orphan Works roundtables last July 26 and 27, and at their invitation, we met individually with Copyright Office attorneys on November 17. Now we'll need to rally again to see that the proposals in this study are not enacted into law. This will require a practical strategy and a concerted effort. We'll keep you informed as this develops, and we'll let you know how you can help.

Brad Holland and Cynthia Turner
for the Board of the Illustrators' Partnership of America


The Vesalius Trust

About The Vesalius Trust

The Vesalius Trust for Visual Communication in the Health Sciences was incorporated as a nonprofit public foundation in 1988. Established under the direction of the Board of Governors of the Association of Medical Illustrators, the Trust strives to develop and support education and research programs in the field of health science communications.

History of the Trust
Since its founding in 1988, the Trust has endeavored to identify and secure funding for educational and research activities in visual communications in the health sciences, and to act as a conduit for these resources. Currently, the Trust supports: scholarships, research grants, continuing professional education, and an international recognition program for exceptional contributions to medical education.

The Frank H. Netter, M.D. Award and Vesalius Trust Awards of Excellence recognize and honor significant contributions to the field of health science communications.

Mission of the Trust
To provide leadership for the advancement of education and research in visual communications for the health sciences.

Vision Statement
To be known as the premier resource for funding of visual communications in the health sciences.

Our Commitment
Our commitment to support visual communications in the health sciences is broad. During the past year, the Trust has endeavored to form alliances with related groups and associations within the field of biocommunication. The Trust not only supports scholarship and research in the profession of medical illustration, but also includes and supports the areas of biomedical and scientific photography, biomedical visualization, anatomical animation, life science and zoological illustration, microbiological and molecular visualization, video production, and biomedical research.

We welcome financial contributions of any size from individuals or corporations interested in the Trust's mission. Those individuals interested in making a tax deductible contribution to the Vesalius Trust are encouraged to visit the Trust's website below.

E-mail inquiries regarding the Vesalius Trust are also encouraged at: Vesaliustrust@aol.com

Please visit The Vesalius Trust's web site for additional information:

Copyright 2006, The Journal of Biocommunication, All Rights Reserved
Table of Contents for VOLUME 32, NUMBER 1