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Slander by a client – and what you can do!

Slander is the action or crime of making a false spoken statement damaging to a person’s reputation. Strictly speaking, unless a statement is spoken, then such false statements – say a social media post, or a tweet or a website review — are defamation. Defamation is the communication of a false statement that harms the...
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The legal status of web check boxes on a contract

As more online contract delivery and electronic signature services are developed, so it seems more questions about what constitutes a legally signed contract arise. In particular, what is the legal status of check boxes on electronic copies of contracts. Are they sufficient? Sufficient for what? Sufficient to provide evidence that at least one of the...
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Website legalities & your photography website

Having an online presence in this technology-driven age is crucial to the success of your photography business.  Sure, there are people who are making it without one. There are some who never blog but have a plethora of clients.  This isn’t always the norm. A website/blog is your virtual business card to be used to...
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Photographers, stop talking smack about your clients online

This article is a long time coming.  There’s not one event that spurred it.  It is a culmination of myself and the team seeing it in Facebook groups.  From getting frantic calls at the firm that a photographer needs help because there is a client upset.   Bottom line. If we didn’t talk sh*t about...
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Get your clients to write your website for you

This article is from one of our affiliates, Jenika McDavitt, from Psychology for Photographers.   Have you ever sat down to write a website (or Facebook post, or any marketing piece) – and had no idea where to start?  You’re not sure what to say that will attract attention.  And maybe you dislike the feeling...
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If your website doesn’t do this, you’re probably losing visitors

This article is from one of our affiliates, Jenika McDavitt, from Psychology for Photographers.    Let’s talk about cookies for a second. I’ve been on a quest for the perfect sugar cookie recipe for years now.  Recipes that differ only slightly can produce dramatically different results, so knowing which recipe to try next out of...
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Reasons Why We Don’t Recommend LegalZoom, IncFile & Others…

Going to one of these “get your legal stuff done quick” websites probably sounds great, huh?  We truly believe that when you invest in something people want “quick, cheap and easy” but you can’t really get all three and it be worth anything…especially for legal.    #1 Disclaims Responsibility Many of these sites disclaim responsibility for...
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Relocating Your Photography Business

Ahh relocation – it’s so stressful, exciting, stressful, new, stressful….if you can’t tell..it’s stressful! I have done it twice since May and I anticipate doing it again here this next May due to military moves.  There’s no tried and true way to successfully moving your business except to be committed to making it work and...
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How to choose a good photography website host

When photographers look into building a website, I recommend a few specific requirements. You see, not all hosting is equal. Many times the big companies who have those Super Bowl Ads have so many customers that they need to take shortcuts. And a majority of the time, their servers are a low quality which will...
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What do I do if there is no written photography contract?

Maybe you put a post on social media indicating a mini sessions day or availability for a photo shoot and you make an agreement for a shoot time and cost via email or text message (or even social media message). There is no written contract. Then the “client” doesn’t show for a shoot time, or they...
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How To: Commercial Licensing to Wedding Vendors

It can be as simple as a wedding vendor giving you their business card at a wedding and asking you to email them a couple of images of their flowers, or cake, or the getting ready photos with the makeup artist or hairdresser’s work on display. All of a sudden, you find that you need...
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How to transfer copyright to another party

So, you’ve got a great series of images or even just one fabulous image that you are really proud of, and someone comes along and asks to use that image to advertise their business or wants to print it on a T-shirt, and they offer you a deal you just can’t refuse. What do you...
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Hoping To Market Your Videography Business By Recording Your Child’s School Play…Think Again

  You are so excited. Your daughter was just cast as the lead in her school drama club’s musical.  Since you are a successful videographer and photographer, her drama instructor asks you if you would mind taping the show so that she can study the tapes with her students after the fact and provide some...
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You don’t have to do this.

I get to do this. I get to run in 10-degree weather. I get to deal with business taxes. You’re probably thinking I’ve had one too many craft beers with that last sentence, huh? Well this past week we got some snow, like a lot of the Eastern seaboard and Midwest received.  Well, if you’ve...
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Does my website need a copyright notice?

You’ve seen them in the footers, sidebars, and maybe even in blog posts.  Copyright notices are published in a variety of manners, such as TheLawTog Copyright 2014-2017 or TheLawTog © 2017 or 2017 © TheLawTog.  Even where they are placed varies depending on the site you visit. But what is legal?  Do we have to...
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Using images/art by another photographer/artist in your workshop presentation

  Educational Use It’s been widely held that the first prong of fair use will be satisfied if an artist or any person uses the image for purposes of commentary, criticism, reporting, or teaching. What this means is that “Fair use” (17 U.S.C. §107) is a limitation on the rights of copyright owners. Because of...
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Top 6 podcasts for your photography business

Podcasts have taken the Internet by storm. The accessibility of creating one has lowered the barrier to who can create and publish – and with that comes a lot of podcasts that aren’t necessarily that interesting or quality to spend your precious educational time on.  I’ve done some digging and pulled up some of my favorite podcasts...
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The Consumer Review Fairness Act and Your Photography Business

Over the last few years, businesses have taken their awareness of the weight potential clients and customers place on reviews to codify contractually that if a customer publishes a negative review then they are subject to a penalty- anywhere on a spectrum from a small “fee,” to legal action and punitive damages. Stories like a...
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Unpaid Photographer + Event Host Conflict

Copyright is like any other property, in that all or part of the rights in a work may be transferred by the owner to another. Copyright law applies whether a photographer is paid or unpaid, professional, semi-professional or a family friend (or family member) with a camera. Copyright originates in a photographic image at the...
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Is a non-refundable deposit actually non-refundable?

Maybe not. Especially if you as the photographer breach (or terminate) the contract. A “non-refundable” fee may end up being quite “refundable.” Especially if you as the photographer breach (or terminate) the contract. A “non-refundable” fee may end up being quite “refundable.” See also the great debate on deposit/retainer here. A non-refundable deposit is likely...
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How to shoot Christmas tree lights like a pro!

“It’s the most wonderful time of the year…to play with lights, cameras, and a little bit of action! Corny huh?  Nah this is actually quite fun! We’re going to go step-by-step to learn the different methods to shooting Christmas tree lights. In a dimly lit room clear all distractions away from your tree or move...
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