Wedding And Portrait Photographers' Legal Handbook

by Phillips, Norman; Nudo, Christopher S

• ISBN13: 9781584281481
• ISBN10: 1584281480
• Format: Paperback
• Copyright: 2005-01-01
• Publisher: Amherst Media

Summary

This guide provides insights into the legal concerns that face professional photographers. Collecting unpaid debts, securing retainers, and constructing payment terms are addressed with a focus on the difficulties that are often associated with managing a photography business. Twenty-five sample forms are provided, including model and property release forms, as well as estimates and invoices easily duplicated for use in business. Advice is also provided for copyrighting images, safely conducting a portrait session with a minor, and submitting fine art images to galleries.

Author Biography

Norman Phillips

Table of Contents

Foreword	7	(8)
Introduction	8	(1)
SECTION 1--PHOTOGRAPHY CONTRACTS
Event Photography Contract	9	(14)
The Makings of a Lawsuit	9	(2)
Creating an Event Contract	11	(10)
Additional Concerns	21	(1)
In Summary	22	(1)
Portrait Photography Contract	23	(5)
Boudoir Photography Contract	28	(6)
Retake Policy	34	(1)
Verbal Contracts	35	(1)
SECTION 2--DOING BUSINESS
Representing Yourself	36	(2)
Qualifications	36	(1)
False Staffing Claims	36	(1)
Misleading Displays	37	(1)
Accurate, Honest, and Clear	37	(1)
Terms of Business	38	(3)
Deposits	38	(1)
Invoices and Orders	38	(1)
Collecting Payment	38	(1)
Sales Tax	39	(1)
Additional Issues	39	(1)
Terms of Sale	40	(1)
Loan of Proofs and Refundable Deposit Agreement	41	(7)
Loan Agreement	41	(3)
Refundable Deposit Agreement	44	(4)
Estimates	48	(4)
Additional Financial Issues	52	(5)
Escrow of Advance Payments	52	(1)
Flexible Payment Plans	52	(3)
NSF Checks	55	(1)
Deliver and Get Paid	55	(2)
Sales Tax	57	(2)
A State-by-State Issue	57	(1)
Hiring an Accountant	57	(2)
Copyright	59	(22)
Educating the Client	59	(1)
Registering Copyrights	60	(1)
Making Copyrights a Contractual Issue	61	(1)
Client Breaches of Contract	62	(1)
Copy-Station Violations	63	(1)
Release of Copyright	64	(8)
Client Permission to Produce	72	(1)
Licensing	73	(8)
SECTION 3--RELEASES
Model Releases	81	(12)
Basic Model Releases	82	(6)
Release to End User	88	(3)
Fair Compensation	91	(1)
Permission Form	91	(2)
Property Release	93	(2)
SECTION 4--INSURANCE AND SAFETY
Insurance	95	(2)
Where to Get Insurance	95	(1)
Umbrella Coverage	96	(1)
Worker's Compensation	96	(1)
Errors and Omissions Coverage	96	(1)
Protection of Minors	97	(2)
Chaperone	97	(1)
Sweets	97	(1)
Toys	97	(1)
Equipment Hazards	98	(1)
Safety and Liability	99	(2)
Safety	99	(1)
Chemicals	99	(1)
Non-Compliance	100	(1)
SECTION 5--WORKING WITH OTHERS
Contractors and Collaborators	101	(17)
Subcontractors	101	(2)
Independent Contractors	103	(6)
Contracting Out	109	(1)
Insurance	109	(3)
Collaboration with Other Photographers	112	(3)
Coauthorship	115	(3)
Employees	118	(5)
Hiring and Employment Contracts	118	(3)
Performance Reviews and Warnings	121	(1)
Withholding Taxes and FICA	122	(1)
Workers' Compensation	122	(1)
Confidentiality Agreement	123	(3)
SECTION 6--STOCK AND FINE ART PHOTOGRAPHY
Stock Photography	126	(8)
Agency Agreement	126	(4)
Stock Photography Invoice	130	(1)
Stock Photography Delivery Memo	130	(4)
Photographer-Agent Contract for Assignments	134	(3)
Fine Art	137	(7)
Selling Your Work Yourself	137	(1)
Photographer--Gallery Contract	137	(1)
Contract for the Sale of Fine Art Photography	138	(6)
SECTION 7--LECTURING AND PUBLISHING
Photographer's Lecture Contract	144	(3)
Book-Publishing Contract	147	(5)
Conclusion	152	(1)
Index	153