Law | Photography Spark https://photographyspark.com Business Education for Photographers Mon, 15 Mar 2021 14:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.2 https://photographyspark.com/images/cropped-Pretty-Creative-Spark-Icon-32x32.png Law | Photography Spark https://photographyspark.com 32 32 Best Photography Business Products 2019 https://photographyspark.com/best-photography-business-products-2019/ Sat, 29 Dec 2018 20:50:16 +0000 https://photographyspark.com/?p=7545 Every year I like to honor the top photography business products. This year's list includes items ranging from software to presets to training and more.

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Every year I like to honor the top digital products photographers can use to grow their businesses. Below are 13 go-to items for this year ranging from software to presets to training. This post includes affiliate links.

Best Photo Editor

Luminar 4

Luminar 3

Luminar 4 is a program that you can tailor to multiple photographic styles. Available for both Windows and Mac, the software supports cleaner gradients and automatic lens distortion corrections.

It comes with new camera profiles like vivid, Adobe standard, landscape, portrait, and more. The most recent update of Luminar promises improvements in speed across both Windows and Mac.

Learn More about Luminar

Best Lightroom Presets

Contrastly

The Complete Post-Processing Workflow BundleThe Contrastly complete preset bundle comes with over 1,000 presets with 26 different themes like Long Exposure, Portrait Retouch, Infrared Sims, and many more. From recovering shadows and highlights to adjusting exposure, this set of presets will help you create the final product you envision.

Most photographers realize that taking the photos is only the beginning and that editing is an art form in itself.

With this Contrastly Lightroom preset bundle, you can bleach your images a bit, adjust the foreground exposure, and enhance group photos.

Learn More about the Lightroom Preset Bundle

Contrastly also offers Lightroom Training.  Learn more about the Lightroom Mastery Video Course.

Best Contracts

The Law Tog

Best - Ultimate Photography Contract

Ultimate Portrait Photography Contract Bundle by TheLawTog

The Ultimate Portrait Photography Contract Bundle helps you protect your business with lawyer/photographer-created contracts. This includes legal forms you’ll need to cover expectations for clients and safeguard your business.

The Ultimate Bundle has a Print Release form, Limited Model Release, General Model Release, General Portrait Contract, Permission to Sell to a Third Party and a Payment Plan Bundle. TheLawTog also offers the Basic Contract and the Essentials Bundle for people who need a little less.

Start Protecting Your Business

Best Album Software

Fundy Designer

Fundy Designer was created by Andrew Funderburg and runs on both Mac OS and Windows. To use it, just go to fundydesigner.com, download the trial and install it. If you get stuck at any point, there are multiple online tutorials to help you get the process started.

As soon as you’re ready to go, buy a license that fits your needs, such as Studio Suite Pro, Suite Pro, or Suite Lite. This software is well-designed and allows you to begin designing in one out of four modules: Gallery, Album, Image Brander, or Collage. In order to use photos in your project, just drag them from your computer’s images bar. This program is super intuitive and easy to use.

Start Using Fundy Designer

 

Best Logo Design

99 Designs

Launch a logo design contest with 99Designs

While there are a lot of free options on the web for graphic design, you’ll want something a bit more specialized for logo design. This can mean the difference between being lost in the sea of competitors online and truly standing out. 99Designs is a creative platform that allows you to hire talented designers to make your logo.

You can also start a design contest to get your graphic designs needs met, including custom WordPress themes or even book covers. You get to set your budget, receive ideas for a couple of days, and then make your selection.

Hire Someone to Create Your Logo at 99Designs

Best Training

Creative Live

Fundamentals of Photography

To be truly successful with photography, you’ll need a full understanding of the equipment needed and the technical aspects of your camera. The Fundamentals of Digital Photography will even show you how to make your creative vision a reality. Taught by John Greengo, a seasoned photographer, this training course emphasizes high-quality visuals and learning through experience.

The course will show you how to choose gear, how to properly utilize natural light, and how to make the most of composition, aperture, and shutter speed. With the Fundamentals of Digital Photography, you’ll learn to consider your ultimate goals and motivations with photography.

Learn more about this course.

Other Courses Offered at CreativeLive

CreativeLive offers classes on photo and video, money and life, art and design, and more. Here are a couple of other courses available:

Workflow, Time Management, and Productivity for Creatives

There’s a stereotype that says creative types are inherently disorganized, which can hold you back from getting into a good workflow. With the Workflow, Time Management, and Productivity for Creatives course, you can tackle your to-do lists, learn how to block out time, and beat your distractions.

Conquering Crappy Light

Working with subpar lighting can be frustrating. Since you can’t always control the light where you are, it’s helpful to learn how to work with it. In the Conquering Crappy Light course, you’ll learn how to capture beautiful photos regardless of the lighting conditions.

Free Courses at CreativeLive

CreativeLive also offers free courses like this Make Great Images with the Gear You’ve Got course.

Check out more free courses from CreativeLive

Best Deal Site

PhotoWhoa

If you want to become a better photographer, the products offered by PhotoWhoa can help. This online curation site gives you access to courses, books, and more, whether you’re a fashion blogger, food photographer, or a complete newbie.

A few examples of what they offer are 2665 Light Leak Overlays, a Photoshop Compositing Bundle, and software for easy image refocusing.

PhotoWhoa offers discounted photography products, with some eBooks or video courses marked down as much as 50 percent. Whatever your photography goals are, you’re sure to find something that will help on this site.

Start Using PhotoWhoa Today

Best Image Enhancement

Photolemur

Photolemur is a completely automatic enhancer for your photos and uses Artificial Intelligence to fix your pictures on its own.

Just import the image and the enhancer does the rest.

You can then define how your photos will look when they’re done and control the applied enhancement opacity using the smart slider feature in the program.

Photolemur 3 has a Facial Retouch tool that can improve the look of faces and six unique styles for perfecting your photos. While there is a free version of Photolemur available, it doesn’t offer batch processing and adds a Photolemur watermark to processed photos.

Check out Photolemur

Best Used Gear

KEH Camera

Save up to 40% off retail at KEH Camera!While you’re collecting your photography gear, don’t forget that you can buy used gear and also trade your used equipment.

Sources like KEH Camera, the largest used camera dealer in the world, are invaluable to creative professionals.

They have lenses and cameras from 60 years ago and have been serving photographers for over three decades.

They also have a full-line equipment repair department.

Check Out the Selection at KEH Camera

Best Podcast

ProPhotographerJourney Podcast

Chamira Young is a photographer who is obsessed with creativity and productivity. She uses podcasting and online teaching to help others learn how to reach their goals effectively. The ProPhotographerJourney Podcast lets you learn the craft from professionals as they explain what worked for them and what didn’t. Through this platform, you get access to tricks and tips from award-winning and successful photographers.

Portrait-Party-Success-KitYou can also check out the Portrait Party Success Kit offered by ProPhotographerJourney.com. Through this kit, you’ll learn how to gain clients, income, credibility, and testimonials for your business.

Check out our article about hosting your own portrait party.

Learn more about the Portrait Party Success Kit at prophotographerjourney.com.

Best Planner and Workflow

Although we often start out with the most productive of intentions, it’s easy to lose track of time. If you need help with time management, workflow, and planning, consider one of these tools.

Design Aglow Organization Help

The Big Picture Planner

The Big Picture Essential Planner will help you reach your larger creative goals by prioritizing your daily and weekly goals. This planner comes with more than 40 printable PDF pages, a 16-page guide for achieving your goals, cover options, planning worksheets, and much more. You’ll also get social and blog trackers, section cover pages, and planner sections for finances, inspiration, marketing, and more.

Essential Workflow & Organization Bundle

Every photographer has to deal with paperwork and scheduling, even though they really want to be out there snapping photos. You can automate these administrative processes using the Essential Workflow & Organization Bundle by Design Aglow. This comes with a Studio Workflow Assistant for systematizing your routine. It also has the Studio Email Assistant for communications and a process to simplify your invoicing process, the Studio Order Form.

Best Photography Business Book

Photography Business Secrets

Photography Business Secrets: The Savvy Photographer's Guide to Sales, Marketing, and More

Photography is undoubtedly a competitive field with over 150,000 professionals already in business in America. Whether you’re a beginner or a seasoned photographer, staying relevant in a sea of competitors is worth thinking about.

In Photography Business Secrets, Lara White has gathered some of the best advice from Photomint.com, her popular photography site. The book will help you with defining policies, establishing your name, marketing, networking, setting prices, and more.

Learn more about Photography Business Secrets

Best Photography Website Hosting

Imagely

If you’re looking for a turnkey solution, Imagely offers a fully managed system that’s easy to change and manage. You can set up a new website in mere minutes with a free initial account that includes pre-configured and pre-loaded themes and plugins.

Note that there is limited storage space on free accounts but that you may upgrade to get access to extra storage and a custom domain.

Check Out Imagely

 

As you can see, there’s no shortage of resources to make good photographers better and transform great photographers into seasoned professionals.

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10 Ways You Can Protect Your Copyright https://photographyspark.com/10-ways-you-can-protect-your-copyright/ Thu, 19 May 2016 15:25:20 +0000 https://photographyspark.com/?p=5001 Learn how to protect your copyright as a photographer with education, licensing, and tracking. Plus a free copyright kit!

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Disclaimer: This post is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice related to your particular circumstances.

Social media, copiers, scanners, and printers… oh MY! These days it’s all too easy for your clients to use technology to reproduce or distribute your work. It may feel like you’re fighting a losing battle, but you’re not alone

As the world’s largest nonprofit association for professional photographers, Professional Photographers of America (PPA) stands staunchly in your corner with a full-time presence on Capitol Hill fighting for stronger copyright laws and offers its members a toolbox of resources to help photographers protect their copyrights.

According to a recent industry survey conducted by PPA, almost 70 percent of the nearly 2,000 respondents said they have had their work used without their permission.

Of that group, more than half estimate unauthorized uses of their images totaling five or more in the past five years. “These victims of infringement are mom and pop businesses,” says PPA CEO David Trust. “The income they lose from just one infringement can determine whether or not a hard-working photographer gets to take his or her first family vacation in five years, sign his or her child up for little league or piano lessons, or pay the mortgage. These may not be huge amounts of money to some, but they make a big difference to a small business owner.”

This is not an isolated thing. The most common photographic copyright infringements result in a loss of $1,000 to $3,000 for each photographer. It doesn’t take a law degree to know that it is not realistic to take someone to Federal Court to fight over such a modest amount of money.

Very few professional photographers can afford to invest the time and money to pursue a federal claim even when damages are higher. And yet $1,000 makes a big difference to a small business, and can even be enough to determine whether or not a photographer can keep his or her doors open.

This is one reason PPA continues to fight for a small claims process that would give photographers and others a way to recoup damages without, literally, making a federal case out of it.

The best thing you can do to guard your work and your rights is to take preventative measures.

10 Tips for Protecting your Photography Copyright

1. Get educated

Copyright law is complex, and there are many misconceptions. Be sure you’re separating fact from fiction. Tune in to a webinar, attend a class, and read up on the issue at the PPA.com Copyright FAQ. Your clients expect you to be an expert.

Download PPA’s Free Copyright Kit

2. Educate your clients

Make sure your clients understand what they can and cannot do with the prints and files they’ve purchased from you. Emphasize why copyright is so important to your business and your livelihood. Taking this one step can prevent numerous infringements.

3. Have a sound licensing agreement for each job

Licensing agreements can be part of a larger contract or can stand alone. A licensing agreement (also known as a copyright license or usage agreement) is where you and your clients agree in writing what usage rights the client will have upon payment.

4. Include a copyright notice in every contract

In most cases, you own the copyright of your work at the moment of creation. However, not everyone understands this. Protect yourself further by including a statement regarding your copyright in every contract. Don’t be shy: Go one step further to point out the clause and discuss it during the client consultation.

Learn more in our Photography Business Legal Guide.

5. Mark your work for online display

Use a watermark of your business logo or written copyright notice (e.g., ©2016 Studio Name. All Rights Reserved) on any image posted online.

6. Don’t distribute high-res files unless you’ve licenses printing rights

If you’re sending a file to a client for social media, provide one that is appropriate for that use. If you share files that are large enough and high quality enough for printing, you’re risking digital infringements as well as print and distribution infringements.

7. Track digital files with metadata

Embedded metadata can help you identify copyright infringements as well as establish ownership if an infringement occurs. Any professional image editing tool can help do that very easily.

8. Don’t freely give away usage rights

You own your copyright for a reason. Don’t just give it away. When creating a licensing agreement with a client, be sure to include adequate compensation in exchange for any usage rights of your work and derived pieces.

9. Register your work with the U.S. Copyright Office

Although you own the copyright for your work from the moment of its creation, you don’t have access to full copyright enforcement mechanisms under the current law unless you federally register your work. Register your work online at Copyright.gov.

10. Track copyright reform

The House Judiciary Committee is currently reviewing U.S. Copyright law. Potential changes to the law could directly affect visual artists, and in a good way. PPA is working on that! Stay current and make sure your voice is heard. Get up-to-date copyright-related news at PPA.com’s Copyright News Page.

Bonus! Join PPA for free access to copyright resources

On the PPA website, there’s plenty of information to get you up to speed on copyright. Even better, you can download sample licensing agreements as well as product inserts to help educate your clients on copyright.

Copyright lobbying

Changes are coming. Through the lobbying efforts of groups led by PPA, there is new ground being broken on copyright law in the United States. Bills are being drafted that attempt to address the three changes PPA would like to see in copyright law:

Creation of a small claims option for copyright enforcement

Because most infringements for real-world, mom and pop creators are valued at a few thousand dollars or less, seeking remedies in Federal Court is not an option. Consequently, many creators have copyright protection but no viable option for enforcing those rights.

A small claims option would correct this decade-long inequity in the law and would extend protection under the law to hundreds of thousands of small-business creators. Now that the congressional copyright review has shed light on this issue, the time has come to correct this injustice.

Claims for copyright infringement stats

Modifications to the copyright registration process to create a more functional system

The copyright registration process is antiquated and one-size-fits-all. It is expected to work for all the very diverse copyright industries.

But what works for a motion picture creator who may only register one, multi-million dollar creation per year, does not work for a professional photographer who may need to register millions of creations of relatively low individual values each year.  The current process is extremely burdensome to high-volume visual artists.

All creators are currently required to sort works according to publication status and date and to deposit each and every image they register. The requirement to sort creative works according to publication status and date (currently included in the statute) should be eliminated for visual artists, and the deposit requirement should be modified to simplify the process for the highest-volume creators.

Modernization of the United States Copyright Office

The U.S. Copyright Office is positioned within the Library of Congress (LOC). Under the current structure, authority, accountability and infrastructure are lacking. While it is essential for the Copyright Office to work in cooperation with the LOC to create a representative sample, the Office should be moved out from under the LOC. Three key issues must be addressed in order to effectively “modernize” the Office:

  • Authority: The Register of the U.S. Copyright Office must have the authority to direct the Office.
  • Accountability: The Register of the U.S. Copyright Office must be directly accountable to Congress.
  • Administrative Capacity: The U.S. Copyright Office is in desperate need of its own budgets and infrastructure – specifically IT systems – that are built to meet the needs of the Office rather than being built around the processes of the Library of Congress

Photographers can be assured they have PPA standing beside them, advocating for their rights and ready to assist in copyright issues for small business owners. From up-and-coming artists like Ross Oscar Knight to household names like Anne Geddes, PPA has helped numerous members protect themselves and their artistic property.

PPA can also help YOU Be More Informed about copyright and protect your work. PPA expects legislation to be introduced this year or next. When the time is right, PPA will call on all photographers to help in the fight for creator’s rights. PPA is always helping professional photographers Be More Protected.

You can stay up-to-date on all the upcoming legislative news on copyright law by heading to the copyright news page at PPA.com.

The most vulnerable and unprotected class of artists under U.S. copyright laws are high-volume, small-business photographers.

Copyright resources are FREE to PPA members, so don’t be left out! Join PPA to Be More Protected.

Sources: American Bar Association, Section of Intellectual Property Law – Comments to U.S. Copyright Office, 2015 Professional Photographers of America Surveys.

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Best Photography Business Products 2016 https://photographyspark.com/best-photography-business-products-2016/ Sun, 17 Jan 2016 12:00:16 +0000 https://photographyspark.com/?p=4242 Here are 10 products every photography business should get to thrive in 2016.

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Flowers showcasing the best products
Alexandra Seinet

Looking for the current list?  Check out the best products 2019 post.

Every year I like to honor the top digital products photographers can use to grow their businesses. Below are 10 go-to items for this year ranging from software to presets to training. See winners from 20152014 and 2013. This post includes affiliate links.

Best Proofing System

ShootProof

I recommended ShootProof more than any other product and it was a Best Product the last 2 years. This is an essential tool for any photographer to store and manage client photos across devices. Use it for proofing, ordering, mobile referral tool, affordable storage, and photo management.

Best Of ShootProof 2016

Create public or private galleries that work on any device. Clients can easily view, mark favorites and purchase images; the activity for each visitor is viewable in detail to the photographer. Photographers use ShootProof for standalone galleries because it provides simple tools that can be integrated within a photographer’s website. ShootProof is commission free, so you will always keep 100% of your profits.

Try ShootProof for free

Best Contracts

Ultimate Portrait Photography Contract Bundle by TheLawTog

TheLawTog fuses the legal necessity with the photography business practicality. Clear, refined, straight-forward, and accurate to produce awesome tools and services ideal for today’s successful photographer.

Best - Ultimate Photography Contract

Protect your business with these photography contracts created by a photographer/lawyer. The bundle is specifically tailored to include important legal forms every portrait photographer needs to safeguard his or her business and outline expectations to clients.  Photographers who use The Law Tog’s photography contracts display professionalism to their clients and use the forms with confidence.

Protect your photo business in 2016

Best Planner

Photographer’s Planner by Colorvale

Meet your new picture-perfect assistant. This isn’t just your run-of-the-mill date book. It’s your new best business tool. From developing your business model and creating goals to organizing your days and developing CEO-worthy business practices, it’ll take you from so-so to so impressive. This is efficiency encompassed. Organization laid open on your desk. And your (profitable) future all focused in on one powerhouse planner.

photographers-planner-2016

Each month contains: Page Objectives & Measurables with a daily responsibility chart, Monthly Calendar undated, Client Workflow Sheet, Big Ideas & Projects, Social Media Post Planner & Growth Tracker, Tasks broken down into categories, Client Payment Records (fits 23 clients per month), Blog Post Planner, Weekly Planning, & Brainstorming.

Organize your business in 2016

Best Marketing Strategy

Marketog by The Modern Tog

If you are looking for a steady stream of photography clients, join me for this 6 week online course that will teach you everything you need to know to grow a successful and sustainable photography business. You’ll learn how to stand out, turn inquiries into clients, how to sell, increase word of mouth, and understand effective marketing.

There are many ways you can learn depending on your needs including videos, worksheets, weekly Q&A, and a private Facebook group. Personally I feel the price is worth it because Marketog becomes your personal consultant and partner to insure you are successful with marketing.

Limited enrollment available

Best Album Software

Fundy Designer v6.5

The Fundy Suite has transformed countless photography businesses and facilitated the production of millions of photo stories worldwide. The software design tools are simple and efficient for the busy photographer looking to capture the emotions of the moment and lay out the story of their clients with albums and wall art. Fundy continues to lead innovation and personally inspire photographers worldwide with his stories and a common sense approach to photo layout and the art of storytelling.

Best Album Software is Fundy Designer

Tell your stories and share your vision with beautiful albums, wall art, web collages and watermarked images. The Fundy Designer Suite includes Album Builder, Gallery Designer, Blog Collage and Image Brander. Express your artistic vision in our fast, fun and powerful ecosystem.

Design, sell, proof and print all in one application.

Best Boudoir Tools

Boudie Camp by Molly Marie

Start with Boudoir Business, a 4 week online courses that teach you everything you need to know to setup a boudoir business from scratch. Then expand into Boudie Camps for Marketing and Shooting, and Sales. Wrap up with the sales course with videos and workbooks to help increase average sales. Mollie shares her own personal strategies for building a six-figure boudoir business.

Say hello to a thriving boudoir photo business.

Best Lightroom Presets

Fuji Pro Pack by Mastin Labs

Fuji films are known for an airy pastel look. The muted palette of Fuji 400H and the slightly cooler Fuji 160NS are great for wedding photography and fashion.

Best Mastin Labs Presets

The Mastin Labs Fuji Pro Pack contains film emulsions from Fuji’s most advanced color negative films. Fuji 160NS is a cool biased, versatile film with medium contrast, and beautiful blue and green rendering. Fuji 400H is known for a unique airy pastel look, making this film popular for wedding photography and fashion.

Make your photos timeless and beautifully subtle, just like film

Best Pricing Product

Simplified Photography Pricing Formula by Joy of Marketing

Not sure how much to charge for your photography? In this 9 module webinar course, you’ll learn from one of the United States most profitable photographers, Sarah Petty, how to set profitable prices so you can move on and make a living doing what you love…..Photography!

Simplified Pricing Formula

Get the Simplified Photography Pricing System

Best Business Book

Worth Every Penny by Sarah Petty and Erin Verbeck

Many small business owners feel pressure to discount their products and services, especially when times are tough. After all, how else will they keep up with the low prices offered by their discounting competitors? What they don’t realize is that discounting is the last thing they should be doing if they want to win big.

In my favorite book of the year, I learned a radically different way to run a small business — one in which the owners focus on offering specialized products and over-the-top customer service, not on matching the prices of their competition. This New York Times best-seller teaches you to sell without discounting and how to use profitable marketing strategies to build a business that thrills your customers. I loved the real-life examples shared throughout the book from business owners just like me.

Learn small business marketing strategies to help you charge what you are worth.

Best Magazine for Photographers

Aglow Magazine by Design Aglow

Ten years ago, Design Aglow started with a magazine, and the simple goal of bringing creatives together by discovering and sharing new talent, inspiring our readers, and giving sound business advice. After nearly ten years, Design Aglow is bringing back it’s magazine – this time in print.

AGLOW is a quarterly magazine exploring the limitless possibilities of creative businesses and the innovative ideas of today’s doers & makers.

We feature studio tours, artistic work/life balance, inspired success stories, visual travel guides, creative living, blogging resources, fresh business ideas, creative community building, original education and so much more.

AGLOW offers an escape from the daily routine in the form of a stunning keepsake publication full of inspiring features, beautiful layouts, uplifting stories, fresh perspectives, and real people that you will love to get to know.

Best Photo Magazine is AGLOW

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When to Use Photography Contracts https://photographyspark.com/when-to-use-photography-contracts/ https://photographyspark.com/when-to-use-photography-contracts/#respond Tue, 14 Oct 2014 05:00:44 +0000 https://photographyspark.com/?p=2754 See a visual timeline of what contracts to use and when in order to protect your photography business.

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One of the biggest mistakes photographers make is to believe the client sales interaction is confined to the sales session, whether on-line or in-person. This is extremely far from the truth. The sales pitch and business safeguards begin prior to the time of inquiry all the way through the delivery of the products.

Another mistake photographers make is to believe that the contract and model release are the only needed documents to safeguard a business. There is actually a timeline of the use of contracts that help aid the customer service and sales process.

Portrait Contract and Model Release

At the beginning of the client and photographer relationship is the Portrait Contract and Model Release. This governs the relationship between Client and Photographer. This will lay the foundation for sales by having provisions (if drafted right!) about completion schedules, ordering deadlines, etc.

A general rule of thumb is not to even place a client on the calendar and consider as “booked” until the portrait contract, model release and the non-refundable monies are paid to reserve the time.

A contract is THE agreement your client and photographer relationship will be built on. It has legally binding rights and obligations, which the courts can enforce. Here are a few of the major points photography contracts should include (opinion from my legal education and experience in the business).

  • Specifics – At a minimum, your contract should include the specifics of the transaction. Including parties names, photographer name, monetary exchange, promised product to be given in exchange for the funds. If someone is a minor you must have their parent/guardian sign the document or else the contract is null.
  • Cancellation Policy – This policy works to protect yourself/time and inform your clients ahead of time of their options if they need to cancel.  Informing someone of this policy after the fact can lead to a bad taste in their mouth and we don’t want to mess with word of mouth marketing.
  • Late Policy – Same with cancellation, let clients know your late policy. There’s no right or wrong policy. Just be consistent!
  • Expectations – Outline all expectations including: turn around time, guarantee of quality of product, how/when products will be delivered, how long they have to order, etc.
  • Do not edit/reproduce -This section can probably go under the “copyright” section, however, I find it important in today’s technology age to break it out to emphasize importance.  Everyone has editing programs at their fingers tips…even changing a Facebook profile picture and using the crop tool constitutes editing of the photograph as it is compromising the integrity of the photograph as the artist intended it.  Many clients confuse copyright/print release (see below) and may honestly (or dishonestly) believe they have the right to edit their photographs because they are in them.  Maintaining copyright ownership and explicitly spelling this out you will be working to preventively nix any potential issues in the bud.  Further, outlining that scanning of a photograph also violates copyright law may prevent this situation.
  • Copyright – This clause can release the copyright from the photographer to the client. If you transfer the copyright by contract, the photograph no longer belongs to the Photographer.  In fact, in these cases the Photographer can technically never use the photographs without permission of client! It is important to ensure there is a provision to protect your artistic property and keep your copyright intact.
  • Model Release – This is a legal release that is signed by the subject (or parent/guardian) of a photograph granting permission to publish the photograph in one form or another, typically for marketing and portfolio materials. Especially true for minors.  See also: What if my client doesn’t want to sign a model release? on TheLawTog
  • Substitute Photographer (Mostly applicable for wedding photographers) – This clause is imperative because life happens!  You want to be able to have a second or substitute shooter take your place in the event of an emergency. I personally emphasize this to my brides.

Read why retainers should be non-refundable.

Independent Contractor

This contract is an outlier to the client and photographer relationship as it is between the independent contractor and photographer alone but is critical to the health and productivity of many businesses. Hiring someone to assist on shoot, to provide administrative support or simply to process images can be a great load and stress off the core transaction.

An agreement with a third-party should include payment details, insurance requirements, liability indemnification, assignment of duties, confidentiality and other applicable provisions as the business model demands.

Final Sale and Cooling Off Laws

Typically the sales session will then occur, that can happen in-person or on-line by gallery or another communication method (such as phone, Skype or Facetime).

A great downfall to allowing the sales session to be complete with the receiving of money and confirmation of invoice is that many times photographers fail to realize the Federal and State “Cooling Off Laws”. The laws allow clients to cancel sale within a certain time frame from the sale.  These laws protect the consumer for sales made in the buyer’s home, workplace or facilities rented by the seller on temporary or short-term basis (hotel room, restaurants, etc.).

This Cooling-Off law still applies for clients that initiate the invitation to have the sales session within their home. The Federal is a three-day cooling off period, whereas State laws vary on timeline so always check with your local state laws.

Here is a perfect example of why the Final Sale is crucial:

Jane had a fabulous ordering session in the home of Noel and Stephanie, where they agreed to and handed over a check for a large order.

However, the sales meeting Noel and Stephanie get in a huge fight and decide to call their relationship quits.   They email Jane the next morning to rescind the sale and apologize profusely but they want nothing to do with any images that are of the both of them.

However, Jane, in all her excitement, had run home from the session and put in her order to the lab. This order had an album, canvases and other products with a high cost of goods. Because her lab is so awesome the order is already processed by the time Jane receives the email from Noel and Stephanie.

By law the couple has every right to cancel or amend their order, despite having written a check to Jane.  They had not signed a document expressly waiving their sales transaction cooling off period, therefore, Jane is required to return the monies as requested per the law and must soak up the lost cost of goods. Jane is now out hundreds of dollars cost of product that she can’t sell to anyone.

Keep in mind exceptions to the law do apply based on the circumstances of the situation. For full information on Cooling Off Laws check with the FTC and State Regulatory Authorities.

However, the Cooling Off Rules can be waived through a Final Sale document that expressly allows the client to waive any ‘cooling off’ time periods and agrees to the final sale of the sales session. This document will waive any laws that allow a client to back-out of the sale, including for buyer’s remorse!

Payment Plans

Do NOT put a roadblock to your client’s wanting to hand you money. Offer payment plans. Having payment plans available to client works wonders in a variety of ways.

First, they can be a good response to provide your client if you receive the dreaded “we want to but we can’t afford it” line.

Second, they also provide a way for clients who want to invest in you to be able to afford you without being embarrassed if they happen to not have the means.

Use this as a response to the negative client comment. Don’t let that “you’re too expensive” comment deter you.

Payment plans, also known as Installment Contracts are so much more than picking when a payment is due and how you’re going to pay. The arrangement of payment is a contractually binding relationship that should be outlined in writing, as well as understood and agreed to by both parties.

However, don’t let the fact that you’re “adding” on a contractual duty to the business relationship scare you aware. It really IS as simple as arranging time and payment amount. Before offering payment plans come up with the chosen methods of payment, how soon you want to be paid (balanced against the amount of the order) and any consequences if they aren’t.

Product Design and Delivery Agreements

Another line of defense against running into a client changing their mind is to have a product design agreement (affiliate), specifically for high dollar cost-of-good items like albums. This document safeguards against a similar situation as above by having the client approve the album proof design and put it in a legal document agreeing that they have reviewed the proof, are requesting no changes and it is approved for final print.

An accompanying document to the product design agreement is the delivery agreement. This agreement is a written acceptance of all products after the Client has had the opportunity to view them.

This is especially helpful to prevent any potential “I didn’t get X product” statements after you have delivered the complete order.

Below you will find a visual timeline of the workings of how these documents work together to keep expectations managed and protect your business.

Timeline for when to use photography contracts

Legal Disclaimer:

The information provided in this article is not legal advice, but general information on legal issues commonly encountered. Always consult an attorney.

Photo credit: Sarah Joy

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Photography Legal Overview: Forms, Contracts & Rights https://photographyspark.com/photography-business-legal-overview/ https://photographyspark.com/photography-business-legal-overview/#comments Wed, 02 Jan 2013 12:00:34 +0000 https://photographyspark.com/?p=369 This is a knock-your-socks-off overview of legal forms, contracts, copyright considerations, and photo rights needed to protect your photography business. Like having a lawyer in your pocket, only more comfortable.

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Statue of liberty representing the law
Erik Lindgren
Running a photography business comes with big legal implications that are important to understand; if you don’t, you could find yourself in hot water. From forms to copyright law, this post outlines everything you need from a legal standpoint to establish your business. If you don’t have a firm handle on these subjects, you will be scrambling from the get-go.

Photography Legal Overview

 

Legitimizing the business

The process of setting up a legitimate business can differ depending on the state, county, and city where the business is being established. However, there are a few basic things to evaluate.

Type of Business Structure
There are a variety of business structures to choose from, such as sole proprietorship, LLC and corporation. Choosing the structure that’s right for you depends on the type of business, initial investment cost, personal choice of liability, and tax liability.

Learn more about LLC’s for photography businesses.

Sales Tax Permit
Photographers, because they sell products and services, are required to collect sales taxes that are remitted to a state government’s taxing agency. Some jurisdictions require that photography session fees be taxed for sales; others do not. Either way, a photographer is required by law to charge sales tax on products/services sold to a client. In other words, the photographer is merely working as the middleman between the client and state government.

Learn more about sales tax for photographers.

Insurance
Every photographer should have liability insurance and equipment insurance. Liability insurance safeguards the photographer’s business, especially for photographers who work with specialized clients (i.e., newborns or weddings). Equipment insurance protects the artistic tools of the business, such as cameras, lenses, laptops, etc. Investing in these two types of insurance is critical so that unforeseen circumstances don’t derail the growth of your business.

Read our guide on essential insurance coverage for phographers.

Legal forms

Get the Ultimate Portrait Contract Bundle (affiliate) which includes the below forms.

Portrait Agreement
A portrait agreement outlines the responsibilities and expectations of both parties — the photographer and the customer. The portrait agreement acts as the foundation for all photography services provided and steers the entire business transaction. At a minimum, a portrait agreement should include specifics (parties’ names, photographer name, monetary exchange, promised product/services, deposit amount), cancellation/late policy, expectations (turnaround time, guaranteed quality of product, how/when products will be delivered, etc.), and a notification of copyright.

Model Release
A model release is signed by the subject of the photography or the parent/legal guardian if the subject is a minor. This document provides the photographer with the necessary permission to take and display photographs. A model release is not an essential requirement for fulfilling a photography services contract, but it is required if the photographs are used on public mediums such as social media, websites or portfolios.

Print Release
This is another optional form needed when digital files are sold to clients. A print release is the legally operative document in which the photographer provides the client permission to reproduce the purchased digital files. The document should outline the restrictions and privileges given to the client. Note: This document does not release copyright. Ownership rights still are intact.

Copyright Notice
This isn’t required to be a separate form, as it should be integrated into the portrait agreement. But a copyright notice is critically important in the digital age. Copyright is the ownership rights to the photography produced, and copyright is retained by the photographer until the photographer contractually relinquishes ownership. A notice of copyright can be given to clients when products are delivered to remind them of federal copyright laws.

Here are some keys to think about when using legal forms:

  • Get it in writing!
  • Electronic delivery is a great way to be efficient and paperless. Utilize digital embedding within a website (such as using Machforms or Gravity forms) or email forms as a PDF file to the client.
  • Every contract must have the proper specifics, both parties must have the capacity and intention to enter into an agreement, and the consideration (i.e., giving of money in exchange for photography services/products).
  • Photographers who cannot afford to hire an attorney or purchase drafted forms should sit down and think about the specific things they want in a contract. Simply write them out. While legal forms should be drafted in a certain manner, writing out specifics of the business transaction is better than nothing.

Contract privity

Create your photography contract checklist here for free (affiliate).

Many business owners, unless they happen to have a law degree or study the law in their free time, are unaware of the “privity” of contract theory. This theory is the relationship between two contracting parties.

For example, high school seniors oftentimes are the subject of a photograph, but many are too young to legally commit a portrait contract.

The parent or legal guardian must be the signing and obligated party to the contract. The parent or legal guardian is the actual client, while the high school senior is a mere beneficiary of the contract. Therefore, any obligations to be executed — and issues that may arise — must be directed to the parent or legal guardian. Understanding the difference between subject and contracted party will help you avoid potential legal complications.

A model release must be in place for minors, including high school seniors.

Right of privacy is a big legal issue and should be adhered to and understood as much as possible by business owners, especially photographers. A model release is signed by the subject (or in the case of a minor who is a high school senior, the parent or legal guardian).

Releases typically provide the photographer with the right to use of the photographs for portfolio, studio samples and other marketing uses. Depending upon the jurisdiction, the age of “majority” varies, so it’s imperative that each business owner research this age.

If the high school senior has not reached the age of majority, the parent or legal guardian must sign the model release. Unless it is otherwise written in the contract in similar language, you are unable to use the photographs for marketing or portfolio use until you obtain the model release.

View Senior Contracts Here (affiliate)

Here are some keys to remember:

  • Even when the high school senior initiates customer-photographer transaction, the parent or legal guardian should be the signing party.
  • Always double check the photography model’s age prior to entering the contract.
  • Don’t push out high school seniors from the process; simply remind them that this aspect is required between photographer and parent/legal guardian.

When is a model release needed?

A model release is a legal document that provides the photographer permission to publish the photograph as defined by the elements listed in the release. In the cases of minors, the model release is signed by the parent or legal guardian. For adults, the release is signed by the subject. A purpose of a model release is to provide the photographer with permission to use the photographs for portfolio, studio samples, marketing, and Internet uses.

Keys:

  • Model releases can be inserted as provisions into your contract.
  • These always should be in writing.
  • You should always have a model release — even when working with friends and family.
  • Shooting in public areas does not generally require a model release for all people in the public area. Always double check the local laws, which vary state to state.
  • If you have a client who refuses to sign a model release, consider whether or not it’s worth turning down the session if you can’t use the photographs publicly.

Copyright 101

A copyright is a legal device that gives the creator of a literary, artistic, musical, or other creative work the sole right to publish and sell that work. Copyright owners have the right to control the reproduction of their work, including the right to receive payment for that reproduction. An author may grant or sell those rights to others, such as publishers or recording companies. Violation of a copyright is called infringement.

Copyright is a property right. Under the Federal Copyright Act of 1976, photographs are protected by copyright from the moment of the work’s creation. According to the U.S. Copyright Office, the owner of the “work” is generally the photographer or, in certain situations, the employer of the photographer. Even if a person hires a photographer to take pictures of a wedding, for example, the photographer owns the copyright to the photographs unless the copyright is transferred — in writing and signed by the copyright owner — to another person.

The subject of the photograph generally has nothing to do with the ownership of the copyright to the photograph.

If the photographer is no longer living, the rights to the photograph are determined by the photographer’s will or passed as personal property by the applicable laws of intestate succession.

Protecting copyright goes beyond mere ownership. Actions can be taken to protect digital art, such as uploading watermarked, low-resolution files to a website; disabling right-click saving; and offering watermarked, web-sized files to clients for their personal use.

Infringement can occur if claiming another person’s work as your own, scanning a photograph, any manipulation of a photograph, downloading sneak peeks from the web, and taking a screenshot of the gallery.

To ward off copyright infringement, it’s best to inform and educate clients from the beginning.

Provide them a contract containing the copyright information, a follow-up copyright notice and reiterate the copyright information in a print release. If infringement occurs, it’s best to approach the client in a professional manner: Cite the contract and request that all copyright-infringing actions cease. If the client fails to cease the infringing actions, there are a few options to move forward: (1) a Cease and Desist Order –- given by a judge to order a person to stop a certain act; or a (2) Cease and Desist Letter –- given by the copyright holder to the infringer.

Here are a few thoughts to remember about copyright:

  • Copyright is formed at the creation of the photograph.
  • Copyrights are protected by federal U.S. law.
  • Educate and remind clients of copyright law and all the responsibilities they receive upon purchasing prints and/or digital files.
  • Keep in mind that many clients are unaware of copyright law; a gentle reminder may serve better than a formal cease-and-desist document.

Here’s a more in depth article on photography copyright laws.

Photographer shooting rights

When a photographer hits the pavement for a session, there is a conglomerate of shooting rights outside of the client and photographer relationship to keep in mind. For the most part, a photographer can shoot anything in plain view within a public place.

This includes individuals who are in a public place while shooting. Photographers are not expected to get model releases for individuals in public areas. What an individual knowingly exposes to the public is generally allowed to be photographed free of a model release.

Use common sense in determining what is a public place. Obviously, public restrooms, changing rooms or peeking into a private home’s window are not covered under this rule.

Things get a little trickier when the property is either privately owned or is generally open to public but the owners places restrictions on photography. If a public property is generally open to the public (e.g., a restaurant) a photographer can take photographs unless informed by the owner that photography is not permitted.

If a property owner requests that photography cease, you must stop. If the owner asks you to stop and you refuse, you can be held as a trespasser in the eyes of the law once the invitation for you to be there has been revoked by the owner.

t’s better to ask permission to photograph in order to avoid legal battles or face embarrassment in front of a client. When in doubt, ask for permission.

Keys to shooting rights:

  • Get permission in writing.
  • Always abide by permit application guidelines and fees.
  • Consider offering compensation to the landowner if he or she provides permission.
  • Always have an agreement between you and the property owner that outlines the responsibilities.

Want some help to make sure you’re on the right path?

Best Lwegal Products for 3 yearsCheck out legal forms that are photography specific. These are drafted by a photographer/lawyer for photographers. All come in Microsoft Word files, so they can easily be lifted for insertion into websites and contract applications — or anywhere else you need them to be! All can be customized to suit your branding and contract needs.

 

Legal Forms include:

  • Photography specific contracts (affiliate) including portrait, wedding, boudoir, senior, newborn, birth, etc.
  • Model Releases
  • Print Releases
  • Cancellation of Contracts
  • Product Delivery Agreements
  • Amendment of Contracts
  • Payment Plan Agreements
  • Credit Card Authorization Forms

These legal forms can be used as is, can be amended to suit your personal preference, or can be used with your own attorney as a baseline (read: reduces attorney costs).

Disclaimer: The information provided in this site is not legal advice, but general information on legal issues commonly encountered. Rachel Brenke Photography, LLC, is not a law firm and is not a substitute for an attorney or law firm. Communications between you and Rachel Brenke Photography, LLC, are protected by our Privacy Policy, but are not protected by the attorney-client privilege or work product doctrine. Rachel Brenke Photography, LLC, cannot provide legal advice and can only provide self-help services at your specific direction; Rachel Brenke Photography, LLC, cannot provide any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies.

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