By

Anna Rabe

Dangers of self-drafting a contract when you’re not a lawyer

Danger ahead. We see it all the time. Entrepreneurs and business owners just like you, reluctant to call a lawyer for advice on contracts. After all, can’t you just do it yourself, like the other parts of your business that you’ve DIY’ed? Well, you can try, but that doesn’t mean you should. So what are...
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Understanding model releases: what they are and why you need to use them

Running a photography business can be complex. Why would you need a model release? I mean, after all, you own the copyright to the images, that means you can do whatever you want, right? No, actually it is unlikely you have completely free rein. Let me ask you some questions: Do you use images of...
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Does pressing the shutter grant the shutter-presser copyright?

It might seem like there should be a simple answer to the matter of copyright and pressing the camera shutter. Pushing the shutter is the last link in a chain – a chain of actions and decisions that are required to create (also referred to as authoring) an image. Let’s talk about a couple of...
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What is Fair Use of images and when does it apply to my images?

You may have heard that fair use is a defense to copyright infringement, but you’re not sure what that is. That’s completely okay. Fair use can be complicated, even for lawyers. Seriously. But we love making sure that you have the information you need to understand this concept and how it might impact your business....
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Do I need to do background checks on contractors hired for photo shoots?

Whether it is getting a photo with the Easter bunny, a character from a national holiday, a special magical photo with a favorite princess, or sitting up on Santa’s knee, photos with characters are something many photographers report their clients asking for all year round. Sometimes we have questions in our group of photographers that...
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4 Preventative measures you can take to legally protect your photography business

We’re talking preventative measures to legally protect your photography business!  An ounce of prevention is better than a pound of cure. Someone said that. We think they are onto something. Your business is important to you. It might even be your livelihood and help you put food on the table and a roof over your...
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What to do when a client enters your professional photo in a contest or submits to a magazine or newspaper

Sometimes, you have a client who is so excited and proud of the work you have created capturing them, their family, or their life, that they submit your images to a contest or to a magazine or newspaper for publication. They may not have ill intent, but nevertheless, you open a publication only to find...
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What happens to the commercial license of my images if that business is sold?

A situation that is more common than you might expect occurs when a business is bought or sold. A question that arises in this situation is as follows: If I license commercial use of my photographs to a business & the business is sold, is that commercial use license part of the business sale? Businesses...
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Can I design and print an album for a client with another photographer’s photos if the client has print release?

The legality of designing and printing an album for a client with another photographer’s photos depends on the express terms of the licenses granted by the copyright owner. Like other third party services like editing, it is essential that the appropriate licenses are granted by the copyright owner, rather than just the client (who may...
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How do you pay yourself as the business owner? Learn 4 ways to get paid!

Let’s face it. We may love what we do and relish being business owners, but ultimately it’s about getting paid. Basically, “Show me the money!” right? Well, being a business owner can be a little different from back in the employee days when you didn’t have to think about all of the extra details that...
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How does implied license and quantum meruit affect how clients use my photos?

Before you give up and go find something else to read, we need to talk about a couple of concepts that come up time and time again in the context of copyright conflicts, especially in digital media. These concepts are “implied license” and Quantum Meruit.   Implied License The “implied license” doctrine is relatively limited...
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Piercing the corporate veil: what does it mean for photographers and how to prevent it

“The corporate veil” is the term used to describe the way that the liability of shareholders of a company is limited to their ownership in the company and does not extend to their personal assets. In one sense the “corporate veil” is a way of affirming that a corporation is a legally distinct entity, capable...
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How does GDPR affect how you handle client photos?

Following our earlier articles addressing GDPR for Photographers based outside of the EU (and particularly in the USA), we received a number of questions asking what GDPR means for the storage of photographs. If you don’t know what GDPR is or you have questions how this law even applies to you because you are in...
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Prepared Food and Photography Sessions

Prepared Food and Photography Sessions seem to go together like sugar and spice. Whether it is Cake Smash Sessions, a tea party for a birthday girl and her friends, a styled wedding shoot, or a boudoir shoot with chocolate strawberries – many photographers offer shoots which involve food! Value adding and collaborating with other businesses...
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What is GDPR & how does it affect your photography business?

General Data Protection Regulation (GDPR) is the new data protection law that will take effect on May 25, 2018 in all 28 European Union (EU) countries. So how does this impact your photography business based in the US or elsewhere outside of the EU? These important changes may impact the services you use to collect...
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The new tax law and your photography business

It’s likely you’ve heard about the new tax legislation – the Tax Cuts and Jobs Act – and that it will impact you as a business owner. But do you know how the new tax law and your photography business will interact with each other? Firstly, you need to make sure you understand the type...
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Hurricanes, earthquakes, tornadoes, and other natural disasters: legal preparations

Natural disasters strike with little warning. The last year has seen hurricanes, earthquakes, and tornadoes and that’s barely scratching the surface. Many photographers affected by natural disasters have found themselves facing challenges they never could have considered. The statistics from the Small Business Administration suggest that one-third of the business affected by natural disasters never...
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What to do if someone is pretending to be an employee of your photography business

You’ve discovered that someone is pretending to be an employee of your photography business? Or that someone is pretending to represent your company? Does this sound like you: First you got mad, then you were annoyed, and then you tried to figure out how to get them to stop? So what to do if someone...
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What if I am not vaccinated as a photographer?

What if I am an unvaccinated photographer? Do I have to declare my vaccination status to clients? You may have heard about a recent news story featuring a photographer who brought their allegedly unvaccinated toddler to a newborn shoot. It sparked conversations and arguments both within the photography community and among parents and those on...
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Making the most of tax deductions for donated products and services

  As a Photographer, or as part of your Photography business, you may be asked to participate in any of the above by donating goods and services. It may even be part of your marketing or operating plan to give back to your community in some or all of these ways. How do you best...
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Email Opt-in laws for Canada, European Union countries, and Australia

We’ve written previously about the rules that apply in the USA. This article will explore the email opt-in laws for email recipients located in Canada, European Union countries, and Australia. There are obviously many more countries in the world where you might do business.   CANADA The applicable legislation in Canada is Canadian Anti-Spam Legislation...
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