Curriculum Vitae

James H. Pickerell

10319 Westlake Dr, Suite 162

Bethesda, MD 20817

Phone: 301-251-0720

The following outlines my qualifications as an expert on the production, handling, storage and marketing of stock photography, as well as the general business practices within the photography industry as well as an expert at appraising stock photo collections.

I was a full-time freelance photographer from 1963 through 1997 with the exception of one year when I was staff photographer for Aviation Week & Space Technology magazine. In addition to my continuing assignment work during this period, I created and licensed stock photographs. Some of these licenses were made directly to clients. Others were through many picture agencies around the world. I began licensing my images for textbook use in the 1970s and from the late 1970's to the present my career has been focused on the production and marketing of stock photography. Currently less than 10% of my gross business income is generated from the licensing of stock photographs. The rest of my income comes from reporting and writing about the stock photo industry in my online newsletter www.selling-stock.com, and from consulting.

My photographs have been used on more than 100 magazine covers including a Life cover and eleven Newsweek covers. My clients include: IBM, Atlantic Research Corporation, ATT, C&P Telephone, Satellite Business Systems, Bechtel, Litton, W.R. Grace, Martin Marietta, Union Carbide, Comsat, Pepsico, E.R. Squibb, Northrop, FMC Corporation, ASARCO, Owens Corning Fiberglas, GEICO, Bristol Myers, Shell, ARCO, Exxon, INA, General Electric, Booz-Allen Hamilton, Marathon Oil and various U.S. government agencies.

In the period from 1976 through 1992, I had well over 10,000 individual sales of my stock photographs. Virtually all of these sales were for one-time usage rights. In some cases the same photograph was licensed many times by one or more publishers. Presently, the marketing of my images is handled by Stock Connection.

In 1993 my daughter and I established Stock Connection, a stock agency that handles the licensing of rights to images for more than 400 photographers. All the images we represent are promoted on one or more online portals. Since 1997, I have devoted most of my time and energies to analysis of the stock photo industry and to reporting my findings in my books and newsletters.

I have been a member of various professional organizations including: American Society of Media Photographers (ASMP) (for over 30 years), Professional Photographers of America, the National Press Photographers Association, Picture Agency Council of America, The American Society of Picture Professionals and the White House News Photographers Association.

In 1981, I helped establish the Mid-Atlantic Chapter of ASMP and served as Vice President for two years and President for two years. I served on the national committee that produced ASMP’s Stock Picture Handbook published in 1984. Beginning in May 1987, I served for two years as a national board member of ASMP. One important aspect of ASMP’s work is to help establish professional business practices for the production and marketing of photographs. ASMP regularly publishes guidelines as to standard practices within the industry.

My first book, Vietnam In The Mud, was published by Bobbs-Merrill in 1967. In 1989, I self-published a pricing guide called Negotiating Stock Photo Prices (NSPP). Now in its 5^th edition, Negotiating Stock Photo Prices has sold over 10,000 copies and was a key reference manual in the stock photo industry in the 1990s and early 2000s. It explains industry practices, discusses things to consider when pricing stock photo usages and examines various methods of licensing. Most importantly, it contains pricing schedules for various stock photo usages. In 1997, I published a pamphlet called Marketing Photography in the Digital Environment.

In 1990 I began publishing Selling Stock, a newsletter that deals with issues related to the production and marketing of stock photography. In 1995, I launched www.selling-stock.com, and slowly increased the volume and timeliness of stories from a 6-issue-a-year printed version to daily online updates. In 2007 I updated my recommended pricing strategies from the last edition of NSPP and made them available on Selling-Stock.com.

I have organized or been the principal speaker at seminars on stock photography and the business practices of photography. I have been qualified in judicial proceedings and in arbitrations to act as an expert witness with respect to the handling, storage and marketing of stock photography, the value of lost or damaged transparencies, and the general business practices within the photography industry.

I attended Ohio University from 1954-56 where I majored in photography. I graduated from UCLA in 1963 with a BS in political science. I attended the U.S. Navy photo school in 1957.

CASES:

case: Steve Altman v. GTE
8/6/82
            testified at trial
            Federal Court, Alexandria, VA
            attorney: John DiJoseph, Northern Virginia

case: Docter vs. Colorfax Laboratories, Inc.
8/27/86
            No. 8605 85
            District of Columbia
            attorney: Marcia K. Docter

case: Steve Altman v. United States
10/15/86
            No. 378 84C
            U.S. Court of Claims, Washington, DC
            attorney: John DiJoseph, Northern Virginia

case: Robert Shafer vs. Kettler, et al
1/9/91
arbitration in Washington, DC
attorney: John DiJoseph, Northern Virginia

case: Tom Guidera III, Mitchell Studio vs. Cross Builders
4/18/91
Magistrates court, Alexandria, VA
attorney: John DiJoseph, Northern Virginia

case: William J. Moriarty
8/21/91
submitted report settled
attorney: Christopher T. Picot, Alexandria, VA

case: Max Hirshfeld vs. Uniphoto
3/25/92
arbitration in Washington, DC
attorney: John DiJoseph, Northern Virginia

case: Louise Kraff vs. Charles E. Smith
8/4/92
attorney: John W. Bell

case: Melissa English
submitted report
attorney: F. Carter Tate, Atlanta, GA

case: John Harrington vs. MBNA
2/27/95
arbitration in Washington, DC
attorney: Steven Gavin

case: Jon Nordling vs. Rainbow Play Systems et al
2/15/95
            CIV 5 94 392
            U.S. District Court of Minnesota, Fourth Division
            attorney: Paul Dietz, Haugen & Nikolai, Minneapolis

case: Frasier v. CH2M Hill
3/7/95
trial Northern VA
attorney: John DiJoseph

case: Douglas R. Barnette v. Adams Lithographing Co.
10/12/95
            Case Number: 1:94 CV 455
            U.S. District Court, Eastern District of Tennessee at Chattanoga
            attorney: Ted Raynor, Tennessee 615 265 0214

case: Foster v. WCVB TV Channel 5
11/11/95
unauthorized use of image Boston, MA
attorney: Andrew E. Epstein 617 482 4900

case: Seitz v. Harrisburg Area Community College
3/7/96
CPP, No.2730 S 1993
attorney: Susan R. Bogart, Clark Ladner, Philadelphia

case: Carr Clifton vs. Acom, Inc.
9/12/96
            Civil No. C 96 01874 VRW
            U.S. District Court, Northern District of California
            attorney: Steve Ross, DuBoff & Associates, Portland, OR, 503 452 1228

case: Sharpshooters, Inc. vs. Retirement Living Publishing
2/27/97
            case 94 1868 CIV KING
            U.S. District Court, Southern District of Florida
            attorney: Arthur J. Levine, Washington, DC

case: Kennan Ward vs. Simon & Schuster
listed as expert
attorney: Greg Glazer, Epstein Becker & Green, Los Angeles

case: Nancy Fadala vs. Sam Fadala
4/4/98

case: 75273
            District Court of Natrona County, Wyoming
            divorce action submitted report setted out of court
            attorney: Larry Clapp, Casper, WY 307 234 3239

case: Patricia Andre vs. Margolis et al.
6/4/98
            CIV 97 0994 JSL (RCX)
            U.S. District Court, Central District of California
            attorney: Surj Soni, Sheldon & Mak, Los Angeles

case: Hot Shots vs. various media
9/2/98
unauthorized use
attorney: Dana LeJune, Houston, TX, 713 942 9898

case: Dennis Murphy vs. Starbucks
unauthorized use of photograph on Starbucks coffee package
attorney: Dana LeJune, Houston, TX

case: Savio v. Napa Valley Wine Train
9/14/98
            CV 97 4503CAL
            unauthorized use
            U.S. District Court, Northern District of California
            attorney: Jeffrey Berchenko, Sheldon & Mak, San Francisco

case: Michael Karas v. Colecorp
            Case Number: 1999 30276
            lost transparencies
            Judicial District Court of Harris County, TX
            attorney: Dana LeJune, Houston, TX, 713 942 9898

case: Silber v. Gecker & Willey
7/6/99
unauthorized use report submitted for settlement purposes
attorney: Teresa LaMaster, Baltimore 410 583 2400

case: Benson v. Geffner
7/30/99
            ESX L 8981 98
            Superior Court of New Jersey, Law Division Essex County
            deposition taken in March 2000 evaluate career potential
            attorney: Paul O'Connor, New Jersey

case: McKee v. Hills Stores
10/14/99
            Judicate Case No. 99 24613
            Testimony in arbitration hearing case settled
            Judicate The National Private Court System
            attorney: Robert Donaldson, Pennsylvania

case: Charles Mason v. The Image Bank
12/99
            99Civ. 4075(JSR)
            deposition for lost transparencies settled
            attorney: Elizabeth Taylor, New York, NY

case: Kane v. Federal Express
2/00
            3:99 CV 00361 (PCD)
            report submitted for lost transparencies settled
            attorney: Bruce Elstein, Connecticut 203 367 4421

case: Michael Grecco v. Corbis Sygma
6/00

case: 113528 1998
            Supreme Court of the State of New York
            lost transparencies report used for settlement settled
            attorney: Edward Greenberg, Greenberg & Reicher, New York, 212 697 8777

case: Peter B. Kaplan v. Franpearl
7/00
            damaged transparencies
            submitted experts report used in negotiating settlement
            attorney: Stephen Weingrad, New York, NY 212 244 4187

case: Peter B. Kaplan v. Adams
7/00
            damaged transparencies
            submitted experts report used in negotiating settlement
            attorney: Stephen Weingrad, New York, NY 212 244 4187

case: Giammarino & Dworkin v. Bauer Publishing Co.
3/01
arbitration hearing Manhattan
attorney: Joel A. Siegel, New York, NY 212 431 7305

case: Kimberlee Haggin Cooper v. Mark Garner Cooper
4/01 FL 002 421
            Marin County Courts, California
            divorce settlement
            attorney: Pauline Edgemon, Corte Madera, CA 415 924 8870

case: Superstock v. Getty Images, Giraudon
/01
            3:00 CV-273 J 11HTS
            value of fine art photographs
            U.S. District Court, Middle District of Florida, Jacksonville Div.
            attorney: Michael Whelan 904 353 0211

case: Groobert v. Georgetown
2/02
            1:01 CV00235
            evaluate career potential
            U.S. District Court of District of Columbia
            attorney: Patrick Regan 202 463 3030

case: Gentieu v. Tony Stone Images/Getty Images
            evaluate file that had generated over $1 million in sales for potential
            copyright infringement and unauthorized use.
            U.S. Federal Court in Chicago
            Attorney: Patricia Felch 847 420 0004

case: Harness v. Intervest Companies, et. al.
09/03: use of image beyond license
Dallas, Texas
Attorney: Dana LeJune 713-942-9898

case: Doug Menuez v. Macy’s West
11/03: lost transparencies
USDC, Central District of California, Case N. 02-CV-3926
Attorney: Surgit Soni, 626-683-7600

case: Obremski v. The Image Bank
03/04 lost transparencies by stock photo agency
Supreme Court of the State of New York
Attorney: Alan Ross 212-979-2510

case: Vecchione Print and Film v. La Pasta, Inc.
04/04 water damage to images
            Circuit Court Montgomery County, Maryland
            Case No. 253201-V
            Attorney: Tim Junkin, 301-987-0600

case: Schneider and Kent v. Kia Motors
05/04 use of image beyond the original license
Los Angeles, U.S.D.C. Case No.:03-5756 GAF(SHx)
Attorney: Amy L. Neiman, 310-575-5555

case: Lawrence v. Nelson, et. al.
06/04 use of image beyond original license
Seattle, Washington
Attorney: Richard Alaniz 206-381-3300

case: Malluk v. Primedia
08/04 lost transparencies
Southern District of New York, 04 CV 4188
Attorney: David Atlas, 212-370-5316

case: Angela Russo v. Collins Investments, LLC
12/04 water damage to transparencies
Boston, Civil Action No. 04-4396-B
Attorney: Paula Bagger, 617-428-6815

case: Mcduff Everton v. Callaway Golf
10/05 lost transparencies
Supreme Court of State of New York
Attorney: Edward Greenberg, 212-697-8777

case: Tom Brakefield v. Banana Stock
12/05 lost transparencies
London, United Kingdom

case: Vecchione Print & Film v. La Pasta, Inc.
09/05 water damage to transparencies
Circuit Court, Montgomery County, Maryland, Case No: 253201-V
Attorney: Tim Junkin, 301-987-0600

case: Kuhn, Giles, et al vs. Sugar Reef Inc.
10/06 value of images lost in fire
Attorney: Mark Antin, 973-285-1919

case: Ingrid Cole vs James R. Cole
09/07 divorce settlement
Montana Eighteenth Judicial District Court
Attorney: Christopher J. Gillette

case: Beidleman, McKenzie and Price vs. Holt Rinehart and Winston
03/08 Civil Action No. 07-cv-01220-ZLW-MJW
Attorney: Michael Mervis’

case: Jessica Semerdjian vs. Holt. Rinehart and Winston (HMH)
Attorney: Charles Sims, Proskauer Rose

case: Ted Wood vs. Holt, Rinehart and Winston
Skadden, Arps, Slate, Meagbher & Flom
Attorney: Amy Gardner

case: Paul Wayne Wilson vs. Houghton Mifflin Harcourt Publishing Co
03/11 No. 10-cv-7814 (S.D.N.Y.)
Attorney: Edward C. Greenberg

case: DRK Photo vs. Pearson Education, Inc.
04/13 AAA No. 50 143 T 00701 11
Attorney: Maurice Harmon, Harmon and Seidman, LLC

case: Rundquist v. Vapiano SE and Vapiano Franchise USA, LLC,
04/13 No. 1:09-cv-02207 (BAH)
Attorney: Erik Kane, Kenyon & Kenyon, LLP

case: Grant Heilman Photography vs. John Wiley & Sons, Inc.
Attorney: Maurice Harmon, Harmon and Seidman, LLC
Valuing Estate

case: Bauer Living Trust, Parker Bauer, Trustee
03/05: valued 107,000 images for Estate Tax purposes
Parker Bauer, 352-732-3006

Cases where I supplied information directly to the photographer.

case: John Henley vs. Tuff Stuff Publications
6/23/97
arbitration hearing in Richmond, VA

case: Fred Hirschmann vs. Alaskan Frontier Beer
2/14/97

case: David Walsh vs. Washington Times Newspapers
5/12/97
Submitted report on value of lost images

case: Thomas Bailey of Oyen Wiggs et. al
10/4/99
submitted report

case: David Bartruff vs. Saga International Holidays
1/10/01
Submitted report on value of lost images – settled

case: Gary Gruby v. Russell Corp.
            1:99 CV 2138 CC
            U.S. District Court, Northern District of Georgia, Atlanta Div.
            Consulted in negotiating settlement for lost transparencies