If you are starting out, or transitioning from assisting to shooting, one of the huge differences will be your legal liabilities and your responsibilities. I suggest that everyone speak to someone who really knows the drill on this stuff. When I started, back in the Stone Age, I was a lost 22 year old. It was recommended to me that I hire Selina Maitreya to consult with me about how to go about it. I did, and the few hours she spent with me to help me organize myself into a business is the same way I go about it now. There are other people out there who do this sort of thing, but I know Selina, she is a pros pro, so I will recommend her.
Some of this stuff costs money, sometimes a lot of money, you will have to decide what it is worth it for your to do.
-Releases: get them and understand them. Property, model, and location releases. I have been sued twice on this front, and both times I had fully binding releases. In spite of this, it seems an American right to be able to sue anyone one wishes. If I had not had those releases, I would have been toast.
-Copyright. Do it. All your work, I know it is a pain, but just do it. It is a bit more expensive than it used to be, but so worth it. If someone mis-uses your work you will be in a very strong position, so strong they will settle almost immediately. I know, been there, done that.
-Contracts. Get a lawyer who understands business, not a litigator, but someone who understands the nature of making deals. Contracts and lawyers are a big part of my life. Every time I do a job, there is a contract. You need someone to talk to about them until you get comfortable with it yourself. Under no circumstances sign anything ever that you do not understand or do not like. The nature of these things is that it is the job of the counter parties lawyers to get as much from you as possible for as little as possible. Negotiate!
-Insurance. You will need the following: workers comp, disability, a commercial liability package, in addition to the usual health, life and personal disability. The most important are the workers comp and the liabilty. It doesn’t matter that much in the scheme of things if you lose it camera. It sucks, but it is not a game ender. However, if a light stand falls on a models head cutting her face, that my friends is a major problem. Most of my clients insist on a 2$ million liability package and proof of workers comp. You will need that additionally insured ability in order to rent a location. I use Tom Pickard as my insurance agent. He really knows the business and what you need and don’t need.
-Estimates and bids. If you have never done one, hire someone by the job to do one for you. The art buyer will respect you for it.
My best advice here, is to seek out better advice. Get a list, a system, of what you need. Listen to what people out there who really know the business have to say. APA has some good information. Personally, I would not go out and buy self help books on this. There is too much at stake, the books are going to be at least a year old. Hire someone who you can call up and ask a question of, you won’t regret it.
I will be featured on http://www.1prophototv.com next week in an interviewed by James Sullivan discussing this and other fun and games in the professional photo world.
You are SO right about people suing anyone they feel like. These people should be counter-sued to prove a point.
This is a good primer for every photog – young or old – on what they need to do to dot their I’s and cross their T’s. Thanks for sharing.
Hi Aaron,
Thanks for the comment. I am glad you like the primer. Personally, I hate the time and the money it takes to do all that stuff. I would rather be making images. But experience tells me to take a day, and just do it.
Hope your day is going well,
David
I’m not really sure how to go about copyrighting my work what advice can you give me?
I am a photo producer and casting director, as well as a fine art photographer – re the comments about copyright – the US copyright office makes it extremely easy to do and it’s really not very expensive at all ($45 per filing – unlimited images). You can it online and submit a DVD of images once the paperwork is filed and paid for. It takes about two to three months to get the paperwork back finalizing it, but it is retroactive to the date you filed. I recommend doing it at least twice a year – if not every job. You can get the information here: http://www.copyright.gov/register/
And about the releases – two additional notes to the getting releases that everyone should do – particularly for commercial jobs – on the releases – be sure to include the EXACT usage you intend on for talent and the time for the usage you have negotiated. If your usage is unspecific or doesn’t cover everything you need, you put yourself extremely at risk. Also, attach a visual reference to the release of each person. I used to work for a large stock agency and I cannot tell you how many times people would claim that an image was of them, unreleased, and try to sue. Having a snapshot attached makes it nearly impossible for pretenders or confusion.
Hi Laurie, Hi Chris,
Thank you both for writing in. Excellent advice Laurie, and thanks for including the link. Those attached model photos are key. My procedure for copyright is to bulk file every month, unless it is a big job, then I do a special filing just for that job. I use registered mail, return receipt to verify that the Copyright office has received the form. We then keep a log book listing what the filing covered, when it was sent, a copy of the green return receipt from the PO and the the final document from the Copyright office. About as much fun as going to the dentist, but have to do it. Note that on those copyright forms, you have to note “published” or “unpublished”, so it pays to do them in bulk before any of it gets published.
Best wishes and thanks for contributing!
David