THELAWTOG®

Lawyer-Created, Photographer-Approved. At TheLawTog we believe in empowering and protecting photographers just like you. We've built easy-to-use legal tools and education so you can stay focused on business and not legal issues! Thelawtog landing page from Rachel TLT

on Vimeo. Play.

*PHOTOGRAPHY CONTRACT TEMPLATES, AGREEMENT, RELEASE FORM Photography Contract Templates. We are your go-to resource to help protect and defend your business. With a large list of lawyer-drafted contracts we have broken them down into categories, whatever your need or niche, we have you covered. WHAT HAPPENS WHEN A CLIENT BREACHES THE CONTRACT? There are two kinds of breach: • Material Breach. A material breach is when one party fails to perform as agreed upon in the contract, resulting in the non-breaching party receiving something substantially different than what was agreed upon. In the case of a material breach, the non-breaching party’s performance is generally not required. HOW DOES GDPR AFFECT HOW YOU HANDLE CLIENT PHOTOS Despite what some service providers are claiming, the GDPR does not directly include photographs as sensitive personal data covered by the regulations! However, they could come under GDPR when stored with other attached or connected information. For images of individuals (who are covered by GDPR) that are identifiable, you should have

explicit

IS USING LIVE ANIMALS DURING A PHOTOGRAPHY SESSION LEGAL This is a bit different. First, the client is the one providing the pet for the photography session – instead of you, the photographer, offering the animal up. Second, the client is then the one required to maintain compliance with your policies (such LEGALITIES OF RUNNING A BUSINESS WHEN YOU ARE NOT YET 18 Whether or not someone under the age of 18 can form an LLC varies from state to state. Several states specifically provide that someone has to be at least 18 years old to form or organize LLCs, while other states are silent as to the age of members. If you are in a state that does not specifically preclude you from forming an LLC or being a DO MEMES VIOLATE COPYRIGHT LAW? Anyways, an Internet Meme is in legal terms, a derivative work, and usually copyright owner is the only party with the legal right to create a derivative work. There is a main work, often a photograph or video, that is extracted and altered in such a way to be used in a different function that originally intended.

THELAWTOG®

Lawyer-Created, Photographer-Approved. At TheLawTog we believe in empowering and protecting photographers just like you. We've built easy-to-use legal tools and education so you can stay focused on business and not legal issues! Thelawtog landing page from Rachel TLT

on Vimeo. Play.

*PHOTOGRAPHY CONTRACT TEMPLATES, AGREEMENT, RELEASE FORM Photography Contract Templates. We are your go-to resource to help protect and defend your business. With a large list of lawyer-drafted contracts we have broken them down into categories, whatever your need or niche, we have you covered. WHAT HAPPENS WHEN A CLIENT BREACHES THE CONTRACT? There are two kinds of breach: • Material Breach. A material breach is when one party fails to perform as agreed upon in the contract, resulting in the non-breaching party receiving something substantially different than what was agreed upon. In the case of a material breach, the non-breaching party’s performance is generally not required. HOW DOES GDPR AFFECT HOW YOU HANDLE CLIENT PHOTOS Despite what some service providers are claiming, the GDPR does not directly include photographs as sensitive personal data covered by the regulations! However, they could come under GDPR when stored with other attached or connected information. For images of individuals (who are covered by GDPR) that are identifiable, you should have

explicit

IS USING LIVE ANIMALS DURING A PHOTOGRAPHY SESSION LEGAL This is a bit different. First, the client is the one providing the pet for the photography session – instead of you, the photographer, offering the animal up. Second, the client is then the one required to maintain compliance with your policies (such LEGALITIES OF RUNNING A BUSINESS WHEN YOU ARE NOT YET 18 Whether or not someone under the age of 18 can form an LLC varies from state to state. Several states specifically provide that someone has to be at least 18 years old to form or organize LLCs, while other states are silent as to the age of members. If you are in a state that does not specifically preclude you from forming an LLC or being a DO MEMES VIOLATE COPYRIGHT LAW? Anyways, an Internet Meme is in legal terms, a derivative work, and usually copyright owner is the only party with the legal right to create a derivative work. There is a main work, often a photograph or video, that is extracted and altered in such a way to be used in a different function that originally intended.

ABOUT - THELAWTOG®

The industry’s go-to legal resource Thousands of photographers protect their business with us. 379K 49K 57K 375K Meet Rachel Brenke the head lawyer As a lawyer, photographer and business consultant for photographers she helps creative industry professionals all over the world initiate, strategize and implement strategic business and marketing plans through various mediums of consulting HOW TO AVOID PHOTOGRAPHY CLIENT SCAMS Get a Google Phone Number – to avoid sharing your personal phone line. Get a PO Box or UPS Store Address – use this for all correspondence by mail (including at the end of your newsletter emails) Contact the Federal Trade Commission: via its toll free hotline: 877-FTC-HELP (877-382-4357) or PHOTOGRAPHER'S TAX DEDUCTION GUIDE Software Purchases. Post-processing ( Lightroom 4 , Photoshop CS, Photoshop Elements) and accounting ( Quickbooks , Quicken) software are deductible as long as purchased and used in the same year. Software is typically written off for multiple years as it will service the business for multiple years. However, Section 179 of the

tax code allows

WHAT IF MY CLIENT DOESN'T WANT TO SIGN A MODEL RELEASE FORM? A model release is a legal document signed by the subject (or in the case of minors, the parent/legal guardian) that provides the photographer permission to publish and use the photograph as defined by the terms of the release. Model release language typically includes permission for use of photographs in portfolio, studio samples,

blogging

MODEL RELEASES VERSUS NON-DISCLOSURE AGREEMENTS A model release form is signed by the subject of a photograph (or in the case of a minor, the parent or legal guardian) giving the photographer permission to publish the photograph as defined by the release. Releases typically include use for portfolio, studio samples and other commercial uses. This also releases any claims the model may

have

SHOULD YOU SIGN YOUR CONTRACT BEFORE SENDING TO A CLIENT Another argument is that you should sign it first so you don’t have to send it to the other party after you have countersigned. If you are signing electronically, many of the e-signature options automates the process of sending a copy with signatures of all parties to all concerned, so this is less about reducing the number of steps

involved.

LEGALITIES OF USING POPULAR MUSIC IN SLIDESHOWS AND VIDEOS Legalities of using popular music in slideshows and videos. Music is one of the most regulated and restricted areas of copyright law, so you need to be careful using it in your business. You’re creating a video of your client’s special day, and she wants their song to be on it. Or maybe you want to include a popular song on your website. DO VENUES HAVE CLAIMS TO PHOTOGRAPHS TAKEN ON THEIR PROPERTY? A property release is a document that grants you the right to take and use photographs on private property. This can be given for free or in exchange for something such as payment, copies of the photographs, mention of the venue on your website, etc. If you gain permission by one of the above methods, then the venue only has what rights that FAQ: DO I NEED TO GET A NEW DBA FOR A NEW BRAND? Let’s start off first with explaining what a DBA (doing business as) does. DBA means “doing business as” but can also be interchanged with the terms “trade name,” “assumed name”, and “fictitious business name”. These are the registration of the name that you are using for your business. If REQUESTING PERMISSION TO SHOOT ON PRIVATE PROPERTY Once you know your rights as a photographer, where you can and where you can’t shoot, you are pretty much almost there! Keep in mind you can shoot on public property unless there are certain permits required – always do a quick google search for your predetermined location – some places are instituting a photography fee. Spending a few minutes to search or ask for permission can avoid

THELAWTOG®

Lawyer-Created, Photographer-Approved. At TheLawTog we believe in empowering and protecting photographers just like you. We've built easy-to-use legal tools and education so you can stay focused on business and not legal issues! Thelawtog landing page from Rachel TLT

on Vimeo. Play.

SHOULD MY PHOTOGRAPHY BUSINESS BE AN LLC? One of the greatest advantages of the LLC business form is that they can elect how they will be taxed. The default taxation for an LLC depends on how it’s structured. Most of the time, the base group form decides the default taxation. In other words, if an individual forms an LLC, it’s taxed as a THE NEW TAX LAW AND YOUR PHOTOGRAPHY BUSINESS Like individual tax rates, they are progressive and phase in based on income. For 2017, corporate rates range from 15% to 39% (except for personal service corporations which are taxed at 35% – this is unlikely to describe a photographer’s company entity) while individual tax rates range from 10% to 39.6%. While the brackets vary,

the rates

HOW DOES GDPR AFFECT HOW YOU HANDLE CLIENT PHOTOS Despite what some service providers are claiming, the GDPR does not directly include photographs as sensitive personal data covered by the regulations! However, they could come under GDPR when stored with other attached or connected information. For images of individuals (who are covered by GDPR) that are identifiable, you should have

explicit

LEGALITIES OF RUNNING A BUSINESS WHEN YOU ARE NOT YET 18 Whether or not someone under the age of 18 can form an LLC varies from state to state. Several states specifically provide that someone has to be at least 18 years old to form or organize LLCs, while other states are silent as to the age of members. If you are in a state that does not specifically preclude you from forming an LLC or being a WHAT HAPPENS WHEN A CLIENT BREACHES THE CONTRACT? There are two kinds of breach: • Material Breach. A material breach is when one party fails to perform as agreed upon in the contract, resulting in the non-breaching party receiving something substantially different than what was agreed upon. In the case of a material breach, the non-breaching party’s performance is generally not required. LEGALITIES OF USING POPULAR MUSIC IN SLIDESHOWS AND VIDEOS Legalities of using popular music in slideshows and videos. Music is one of the most regulated and restricted areas of copyright law, so you need to be careful using it in your business. You’re creating a video of your client’s special day, and she wants their song to be on it. Or maybe you want to include a popular song on your website. WHAT DO I DO IF SOMEONE MAKES AN ILLUSTRATION OR PAINTING The short answer: If an artist makes an illustration or painting or any other work of art based on a photograph they may or may not be violating copyright law. For example: if they base their painting on an oft photographed or painted location, generic subject matter, or an image that has been taken by numerous photographers they would likely TO USE "DEPOSIT" OR "RETAINER" IN YOUR PHOTOGRAPHY CONTRACT It is important to note that whether the word “deposit” or “retainer” is used may make a difference if the photographer, in fact, breaches the contract with the client. A client may pay a retainer to a photographer to ensure the client has the photographer’s services at some future time and place. Upon acceptance of this retainer, the DO MEMES VIOLATE COPYRIGHT LAW? Anyways, an Internet Meme is in legal terms, a derivative work, and usually copyright owner is the only party with the legal right to create a derivative work. There is a main work, often a photograph or video, that is extracted and altered in such a way to be used in a different function that originally intended.

THELAWTOG®

Lawyer-Created, Photographer-Approved. At TheLawTog we believe in empowering and protecting photographers just like you. We've built easy-to-use legal tools and education so you can stay focused on business and not legal issues! Thelawtog landing page from Rachel TLT

on Vimeo. Play.

SHOULD MY PHOTOGRAPHY BUSINESS BE AN LLC? One of the greatest advantages of the LLC business form is that they can elect how they will be taxed. The default taxation for an LLC depends on how it’s structured. Most of the time, the base group form decides the default taxation. In other words, if an individual forms an LLC, it’s taxed as a THE NEW TAX LAW AND YOUR PHOTOGRAPHY BUSINESS Like individual tax rates, they are progressive and phase in based on income. For 2017, corporate rates range from 15% to 39% (except for personal service corporations which are taxed at 35% – this is unlikely to describe a photographer’s company entity) while individual tax rates range from 10% to 39.6%. While the brackets vary,

the rates

HOW DOES GDPR AFFECT HOW YOU HANDLE CLIENT PHOTOS Despite what some service providers are claiming, the GDPR does not directly include photographs as sensitive personal data covered by the regulations! However, they could come under GDPR when stored with other attached or connected information. For images of individuals (who are covered by GDPR) that are identifiable, you should have

explicit

LEGALITIES OF RUNNING A BUSINESS WHEN YOU ARE NOT YET 18 Whether or not someone under the age of 18 can form an LLC varies from state to state. Several states specifically provide that someone has to be at least 18 years old to form or organize LLCs, while other states are silent as to the age of members. If you are in a state that does not specifically preclude you from forming an LLC or being a WHAT HAPPENS WHEN A CLIENT BREACHES THE CONTRACT? There are two kinds of breach: • Material Breach. A material breach is when one party fails to perform as agreed upon in the contract, resulting in the non-breaching party receiving something substantially different than what was agreed upon. In the case of a material breach, the non-breaching party’s performance is generally not required. LEGALITIES OF USING POPULAR MUSIC IN SLIDESHOWS AND VIDEOS Legalities of using popular music in slideshows and videos. Music is one of the most regulated and restricted areas of copyright law, so you need to be careful using it in your business. You’re creating a video of your client’s special day, and she wants their song to be on it. Or maybe you want to include a popular song on your website. WHAT DO I DO IF SOMEONE MAKES AN ILLUSTRATION OR PAINTING The short answer: If an artist makes an illustration or painting or any other work of art based on a photograph they may or may not be violating copyright law. For example: if they base their painting on an oft photographed or painted location, generic subject matter, or an image that has been taken by numerous photographers they would likely TO USE "DEPOSIT" OR "RETAINER" IN YOUR PHOTOGRAPHY CONTRACT It is important to note that whether the word “deposit” or “retainer” is used may make a difference if the photographer, in fact, breaches the contract with the client. A client may pay a retainer to a photographer to ensure the client has the photographer’s services at some future time and place. Upon acceptance of this retainer, the DO MEMES VIOLATE COPYRIGHT LAW? Anyways, an Internet Meme is in legal terms, a derivative work, and usually copyright owner is the only party with the legal right to create a derivative work. There is a main work, often a photograph or video, that is extracted and altered in such a way to be used in a different function that originally intended. COVID-19 PHOTOGRAPHY RESOURCE TheLawTog® Covid-specific Release of Liability Waiver is a risk waiver for those assuming the risks of proceeding with events or sessions during the ongoing Covid-19 pandemic. This liability waiver is different than how the cancellation and rescheduling provisions work. Simply put, the cancellation and rescheduling provisions are for

ABOUT - THELAWTOG®

The industry’s go-to legal resource Thousands of photographers protect their business with us. 379K 49K 57K 375K Meet Rachel Brenke the head lawyer As a lawyer, photographer and business consultant for photographers she helps creative industry professionals all over the world initiate, strategize and implement strategic business and marketing plans through various mediums of consulting *PHOTOGRAPHY CONTRACT TEMPLATES, AGREEMENT, RELEASE FORM Photography Contract Templates. We are your go-to resource to help protect and defend your business. With a large list of lawyer-drafted contracts we have broken them down into categories, whatever your need or niche, we have you covered. HOW TO AVOID PHOTOGRAPHY CLIENT SCAMS Get a Google Phone Number – to avoid sharing your personal phone line. Get a PO Box or UPS Store Address – use this for all correspondence by mail (including at the end of your newsletter emails) Contact the Federal Trade Commission: via its toll free hotline: 877-FTC-HELP (877-382-4357) or PHOTOGRAPHER'S TAX DEDUCTION GUIDE Software Purchases. Post-processing ( Lightroom 4 , Photoshop CS, Photoshop Elements) and accounting ( Quickbooks , Quicken) software are deductible as long as purchased and used in the same year. Software is typically written off for multiple years as it will service the business for multiple years. However, Section 179 of the

tax code allows

LEGALITIES OF USING POPULAR MUSIC IN SLIDESHOWS AND VIDEOS Legalities of using popular music in slideshows and videos. Music is one of the most regulated and restricted areas of copyright law, so you need to be careful using it in your business. You’re creating a video of your client’s special day, and she wants their song to be on it. Or maybe you want to include a popular song on your website. STOP BOTHERING ME! CEASE & DESIST If they refuse to continue to do so there are multiple options in the form of Cease and Desists. Cease & Desists are letters requesting a particular act be ceased or stopped. Cease and Desist Order – given by a judge to order a person to stop a certain act. Cease and Desist letter – given by the person being defamed/harrassed to the defamer WHEN IS A CROWD RELEASE NOTICE NEEDED? Photographing in a public venue can seem like fair game for photographers, but it gets tricky when there could be potential claims by the individuals photographed EVEN IF they had no expectation of privacy in the area. What happens when you’re using commercially or the individual wants to be compensated? This is where crowd release THE LEGAL STATUS OF WEB CHECK BOXES ON A CONTRACT The short answer is No. Electronic copies of a contract and a physical paper copy of a contract are now considered to be much the same in the eyes of the law as established by ESIGN and UETA. At the same time, just as you are often unable to prove that an individual signed a hardcopy of a contract outside of your presence, you have the same MODEL RELEASES VERSUS NON-DISCLOSURE AGREEMENTS A model release form is signed by the subject of a photograph (or in the case of a minor, the parent or legal guardian) giving the photographer permission to publish the photograph as defined by the release. Releases typically include use for portfolio, studio samples and other commercial uses. This also releases any claims the model may

have

THELAWTOG®

Lawyer-Created, Photographer-Approved. At TheLawTog we believe in empowering and protecting photographers just like you. We've built easy-to-use legal tools and education so you can stay focused on business and not legal issues! Thelawtog landing page from Rachel TLT

on Vimeo. Play.

COVID-19 PHOTOGRAPHY RESOURCE TheLawTog® Covid-specific Release of Liability Waiver is a risk waiver for those assuming the risks of proceeding with events or sessions during the ongoing Covid-19 pandemic. This liability waiver is different than how the cancellation and rescheduling provisions work. Simply put, the cancellation and rescheduling provisions are for *PHOTOGRAPHY CONTRACT TEMPLATES, AGREEMENT, RELEASE FORM Photography Contract Templates. We are your go-to resource to help protect and defend your business. With a large list of lawyer-drafted contracts we have broken them down into categories, whatever your need or niche, we have you covered. THE NEW TAX LAW AND YOUR PHOTOGRAPHY BUSINESS Like individual tax rates, they are progressive and phase in based on income. For 2017, corporate rates range from 15% to 39% (except for personal service corporations which are taxed at 35% – this is unlikely to describe a photographer’s company entity) while individual tax rates range from 10% to 39.6%. While the brackets vary,

the rates

WHAT HAPPENS WHEN A CLIENT BREACHES THE CONTRACT? There are two kinds of breach: • Material Breach. A material breach is when one party fails to perform as agreed upon in the contract, resulting in the non-breaching party receiving something substantially different than what was agreed upon. In the case of a material breach, the non-breaching party’s performance is generally not required. HOW DOES GDPR AFFECT HOW YOU HANDLE CLIENT PHOTOS Despite what some service providers are claiming, the GDPR does not directly include photographs as sensitive personal data covered by the regulations! However, they could come under GDPR when stored with other attached or connected information. For images of individuals (who are covered by GDPR) that are identifiable, you should have

explicit

WHAT DO I DO IF THERE IS NO WRITTEN PHOTOGRAPHY CONTRACTSEE MORE ON

THELAWTOG.COM

TO USE "DEPOSIT" OR "RETAINER" IN YOUR PHOTOGRAPHY CONTRACT It is important to note that whether the word “deposit” or “retainer” is used may make a difference if the photographer, in fact, breaches the contract with the client. A client may pay a retainer to a photographer to ensure the client has the photographer’s services at some future time and place. Upon acceptance of this retainer, the LEGALITIES OF USING POPULAR MUSIC IN SLIDESHOWS AND VIDEOS Legalities of using popular music in slideshows and videos. Music is one of the most regulated and restricted areas of copyright law, so you need to be careful using it in your business. You’re creating a video of your client’s special day, and she wants their song to be on it. Or maybe you want to include a popular song on your website. WHEN SHOULD I TRADEMARK MY PHOTOGRAPHY BUSINESS NAME?SEE MORE ON THELAWTOG.COMBUSINESS TRADEMARK SEARCHTRADEMARK APPLICATION EXAMPLETRADEMARK DESCRIPTION EXAMPLETRADEMARK EXAMPLES COMPANYTRADEMARK SYMBOL EXAMPLES

THELAWTOG®

Lawyer-Created, Photographer-Approved. At TheLawTog we believe in empowering and protecting photographers just like you. We've built easy-to-use legal tools and education so you can stay focused on business and not legal issues! Thelawtog landing page from Rachel TLT

on Vimeo. Play.

COVID-19 PHOTOGRAPHY RESOURCE TheLawTog® Covid-specific Release of Liability Waiver is a risk waiver for those assuming the risks of proceeding with events or sessions during the ongoing Covid-19 pandemic. This liability waiver is different than how the cancellation and rescheduling provisions work. Simply put, the cancellation and rescheduling provisions are for *PHOTOGRAPHY CONTRACT TEMPLATES, AGREEMENT, RELEASE FORM Photography Contract Templates. We are your go-to resource to help protect and defend your business. With a large list of lawyer-drafted contracts we have broken them down into categories, whatever your need or niche, we have you covered. THE NEW TAX LAW AND YOUR PHOTOGRAPHY BUSINESS Like individual tax rates, they are progressive and phase in based on income. For 2017, corporate rates range from 15% to 39% (except for personal service corporations which are taxed at 35% – this is unlikely to describe a photographer’s company entity) while individual tax rates range from 10% to 39.6%. While the brackets vary,

the rates

WHAT HAPPENS WHEN A CLIENT BREACHES THE CONTRACT? There are two kinds of breach: • Material Breach. A material breach is when one party fails to perform as agreed upon in the contract, resulting in the non-breaching party receiving something substantially different than what was agreed upon. In the case of a material breach, the non-breaching party’s performance is generally not required. HOW DOES GDPR AFFECT HOW YOU HANDLE CLIENT PHOTOS Despite what some service providers are claiming, the GDPR does not directly include photographs as sensitive personal data covered by the regulations! However, they could come under GDPR when stored with other attached or connected information. For images of individuals (who are covered by GDPR) that are identifiable, you should have

explicit

WHAT DO I DO IF THERE IS NO WRITTEN PHOTOGRAPHY CONTRACTSEE MORE ON

THELAWTOG.COM

TO USE "DEPOSIT" OR "RETAINER" IN YOUR PHOTOGRAPHY CONTRACT It is important to note that whether the word “deposit” or “retainer” is used may make a difference if the photographer, in fact, breaches the contract with the client. A client may pay a retainer to a photographer to ensure the client has the photographer’s services at some future time and place. Upon acceptance of this retainer, the LEGALITIES OF USING POPULAR MUSIC IN SLIDESHOWS AND VIDEOS Legalities of using popular music in slideshows and videos. Music is one of the most regulated and restricted areas of copyright law, so you need to be careful using it in your business. You’re creating a video of your client’s special day, and she wants their song to be on it. Or maybe you want to include a popular song on your website. WHEN SHOULD I TRADEMARK MY PHOTOGRAPHY BUSINESS NAME?SEE MORE ON THELAWTOG.COMBUSINESS TRADEMARK SEARCHTRADEMARK APPLICATION EXAMPLETRADEMARK DESCRIPTION EXAMPLETRADEMARK EXAMPLES COMPANYTRADEMARK SYMBOL EXAMPLES SHOULD MY PHOTOGRAPHY BUSINESS BE AN LLC? One of the greatest advantages of the LLC business form is that they can elect how they will be taxed. The default taxation for an LLC depends on how it’s structured. Most of the time, the base group form decides the default taxation. In other words, if an individual forms an LLC, it’s taxed as a HOW TO AVOID PHOTOGRAPHY CLIENT SCAMS Get a Google Phone Number – to avoid sharing your personal phone line. Get a PO Box or UPS Store Address – use this for all correspondence by mail (including at the end of your newsletter emails) Contact the Federal Trade Commission: via its toll free hotline: 877-FTC-HELP (877-382-4357) or PHOTOGRAPHER'S TAX DEDUCTION GUIDE Software Purchases. Post-processing ( Lightroom 4 , Photoshop CS, Photoshop Elements) and accounting ( Quickbooks , Quicken) software are deductible as long as purchased and used in the same year. Software is typically written off for multiple years as it will service the business for multiple years. However, Section 179 of the

tax code allows

DO VENUES HAVE CLAIMS TO PHOTOGRAPHS TAKEN ON THEIR PROPERTY? A property release is a document that grants you the right to take and use photographs on private property. This can be given for free or in exchange for something such as payment, copies of the photographs, mention of the venue on your website, etc. If you gain permission by one of the above methods, then the venue only has what rights that LEGALITIES OF USING POPULAR MUSIC IN SLIDESHOWS AND VIDEOS Legalities of using popular music in slideshows and videos. Music is one of the most regulated and restricted areas of copyright law, so you need to be careful using it in your business. You’re creating a video of your client’s special day, and she wants their song to be on it. Or maybe you want to include a popular song on your website. HOW TO CANCEL A PHOTOGRAPHY CONTRACT Looking for the Contract Cancellation document? Click here. By now, you know that your standard contract for photographic services should include a cancellation provision within its terms and conditions. Minus a completely separate cancellation provision, there should be language somewhere within another provision expressly outlining how the contract may be terminated by either party. EMAIL OPT-IN LAWS FOR NEWSLETTERS: LEGAL REQUIREMENTS AND Build your list, they say! But what are the the risks and email opt-in laws for newsletters? Sending emails to your clients and prospects is only one way to do business of course — but, does that mean you can send emails to anyone you like? Short answer: it depends on where the recipients are located, whether they have consented to receiving the email, and what your emails contain. THE LEGAL STATUS OF WEB CHECK BOXES ON A CONTRACT The short answer is No. Electronic copies of a contract and a physical paper copy of a contract are now considered to be much the same in the eyes of the law as established by ESIGN and UETA. At the same time, just as you are often unable to prove that an individual signed a hardcopy of a contract outside of your presence, you have the same LEGALITIES OF RUNNING A BUSINESS WHEN YOU ARE NOT YET 18 Whether or not someone under the age of 18 can form an LLC varies from state to state. Several states specifically provide that someone has to be at least 18 years old to form or organize LLCs, while other states are silent as to the age of members. If you are in a state that does not specifically preclude you from forming an LLC or being a SHOULD MY PHOTOGRAPHY CONTRACT AND MODEL RELEASE BE The model release gives the proper permissions needed for commercial use and the contract outlines expectations of the transaction and governs the obligations of each party. While the photography contract and model release could be put into one document there are some legal and business reasons why having them separate may be best for your

THELAWTOG®

Lawyer-Created, Photographer-Approved. At TheLawTog we believe in empowering and protecting photographers just like you. We've built easy-to-use legal tools and education so you can stay focused on business and not legal issues! Thelawtog landing page from Rachel TLT

on Vimeo. Play.

COVID-19 PHOTOGRAPHY RESOURCE TheLawTog® Covid-specific Release of Liability Waiver is a risk waiver for those assuming the risks of proceeding with events or sessions during the ongoing Covid-19 pandemic. This liability waiver is different than how the cancellation and rescheduling provisions work. Simply put, the cancellation and rescheduling provisions are for *PHOTOGRAPHY CONTRACT TEMPLATES, AGREEMENT, RELEASE FORM Photography Contract Templates. We are your go-to resource to help protect and defend your business. With a large list of lawyer-drafted contracts we have broken them down into categories, whatever your need or niche, we have you covered. THE NEW TAX LAW AND YOUR PHOTOGRAPHY BUSINESS Like individual tax rates, they are progressive and phase in based on income. For 2017, corporate rates range from 15% to 39% (except for personal service corporations which are taxed at 35% – this is unlikely to describe a photographer’s company entity) while individual tax rates range from 10% to 39.6%. While the brackets vary,

the rates

WHAT HAPPENS WHEN A CLIENT BREACHES THE CONTRACT? There are two kinds of breach: • Material Breach. A material breach is when one party fails to perform as agreed upon in the contract, resulting in the non-breaching party receiving something substantially different than what was agreed upon. In the case of a material breach, the non-breaching party’s performance is generally not required. HOW DOES GDPR AFFECT HOW YOU HANDLE CLIENT PHOTOS Despite what some service providers are claiming, the GDPR does not directly include photographs as sensitive personal data covered by the regulations! However, they could come under GDPR when stored with other attached or connected information. For images of individuals (who are covered by GDPR) that are identifiable, you should have

explicit

WHAT DO I DO IF THERE IS NO WRITTEN PHOTOGRAPHY CONTRACTSEE MORE ON

THELAWTOG.COM

TO USE "DEPOSIT" OR "RETAINER" IN YOUR PHOTOGRAPHY CONTRACT It is important to note that whether the word “deposit” or “retainer” is used may make a difference if the photographer, in fact, breaches the contract with the client. A client may pay a retainer to a photographer to ensure the client has the photographer’s services at some future time and place. Upon acceptance of this retainer, the LEGALITIES OF USING POPULAR MUSIC IN SLIDESHOWS AND VIDEOS Legalities of using popular music in slideshows and videos. Music is one of the most regulated and restricted areas of copyright law, so you need to be careful using it in your business. You’re creating a video of your client’s special day, and she wants their song to be on it. Or maybe you want to include a popular song on your website. WHEN SHOULD I TRADEMARK MY PHOTOGRAPHY BUSINESS NAME?SEE MORE ON THELAWTOG.COMBUSINESS TRADEMARK SEARCHTRADEMARK APPLICATION EXAMPLETRADEMARK DESCRIPTION EXAMPLETRADEMARK EXAMPLES COMPANYTRADEMARK SYMBOL EXAMPLES

THELAWTOG®

Lawyer-Created, Photographer-Approved. At TheLawTog we believe in empowering and protecting photographers just like you. We've built easy-to-use legal tools and education so you can stay focused on business and not legal issues! Thelawtog landing page from Rachel TLT

on Vimeo. Play.

COVID-19 PHOTOGRAPHY RESOURCE TheLawTog® Covid-specific Release of Liability Waiver is a risk waiver for those assuming the risks of proceeding with events or sessions during the ongoing Covid-19 pandemic. This liability waiver is different than how the cancellation and rescheduling provisions work. Simply put, the cancellation and rescheduling provisions are for *PHOTOGRAPHY CONTRACT TEMPLATES, AGREEMENT, RELEASE FORM Photography Contract Templates. We are your go-to resource to help protect and defend your business. With a large list of lawyer-drafted contracts we have broken them down into categories, whatever your need or niche, we have you covered. THE NEW TAX LAW AND YOUR PHOTOGRAPHY BUSINESS Like individual tax rates, they are progressive and phase in based on income. For 2017, corporate rates range from 15% to 39% (except for personal service corporations which are taxed at 35% – this is unlikely to describe a photographer’s company entity) while individual tax rates range from 10% to 39.6%. While the brackets vary,

the rates

WHAT HAPPENS WHEN A CLIENT BREACHES THE CONTRACT? There are two kinds of breach: • Material Breach. A material breach is when one party fails to perform as agreed upon in the contract, resulting in the non-breaching party receiving something substantially different than what was agreed upon. In the case of a material breach, the non-breaching party’s performance is generally not required. HOW DOES GDPR AFFECT HOW YOU HANDLE CLIENT PHOTOS Despite what some service providers are claiming, the GDPR does not directly include photographs as sensitive personal data covered by the regulations! However, they could come under GDPR when stored with other attached or connected information. For images of individuals (who are covered by GDPR) that are identifiable, you should have

explicit

WHAT DO I DO IF THERE IS NO WRITTEN PHOTOGRAPHY CONTRACTSEE MORE ON

THELAWTOG.COM

TO USE "DEPOSIT" OR "RETAINER" IN YOUR PHOTOGRAPHY CONTRACT It is important to note that whether the word “deposit” or “retainer” is used may make a difference if the photographer, in fact, breaches the contract with the client. A client may pay a retainer to a photographer to ensure the client has the photographer’s services at some future time and place. Upon acceptance of this retainer, the LEGALITIES OF USING POPULAR MUSIC IN SLIDESHOWS AND VIDEOS Legalities of using popular music in slideshows and videos. Music is one of the most regulated and restricted areas of copyright law, so you need to be careful using it in your business. You’re creating a video of your client’s special day, and she wants their song to be on it. Or maybe you want to include a popular song on your website. WHEN SHOULD I TRADEMARK MY PHOTOGRAPHY BUSINESS NAME?SEE MORE ON THELAWTOG.COMBUSINESS TRADEMARK SEARCHTRADEMARK APPLICATION EXAMPLETRADEMARK DESCRIPTION EXAMPLETRADEMARK EXAMPLES COMPANYTRADEMARK SYMBOL EXAMPLES SHOULD MY PHOTOGRAPHY BUSINESS BE AN LLC? One of the greatest advantages of the LLC business form is that they can elect how they will be taxed. The default taxation for an LLC depends on how it’s structured. Most of the time, the base group form decides the default taxation. In other words, if an individual forms an LLC, it’s taxed as a HOW TO AVOID PHOTOGRAPHY CLIENT SCAMS Get a Google Phone Number – to avoid sharing your personal phone line. Get a PO Box or UPS Store Address – use this for all correspondence by mail (including at the end of your newsletter emails) Contact the Federal Trade Commission: via its toll free hotline: 877-FTC-HELP (877-382-4357) or PHOTOGRAPHER'S TAX DEDUCTION GUIDE Software Purchases. Post-processing ( Lightroom 4 , Photoshop CS, Photoshop Elements) and accounting ( Quickbooks , Quicken) software are deductible as long as purchased and used in the same year. Software is typically written off for multiple years as it will service the business for multiple years. However, Section 179 of the

tax code allows

DO VENUES HAVE CLAIMS TO PHOTOGRAPHS TAKEN ON THEIR PROPERTY? A property release is a document that grants you the right to take and use photographs on private property. This can be given for free or in exchange for something such as payment, copies of the photographs, mention of the venue on your website, etc. If you gain permission by one of the above methods, then the venue only has what rights that LEGALITIES OF USING POPULAR MUSIC IN SLIDESHOWS AND VIDEOS Legalities of using popular music in slideshows and videos. Music is one of the most regulated and restricted areas of copyright law, so you need to be careful using it in your business. You’re creating a video of your client’s special day, and she wants their song to be on it. Or maybe you want to include a popular song on your website. HOW TO CANCEL A PHOTOGRAPHY CONTRACT Looking for the Contract Cancellation document? Click here. By now, you know that your standard contract for photographic services should include a cancellation provision within its terms and conditions. Minus a completely separate cancellation provision, there should be language somewhere within another provision expressly outlining how the contract may be terminated by either party. EMAIL OPT-IN LAWS FOR NEWSLETTERS: LEGAL REQUIREMENTS AND Build your list, they say! But what are the the risks and email opt-in laws for newsletters? Sending emails to your clients and prospects is only one way to do business of course — but, does that mean you can send emails to anyone you like? Short answer: it depends on where the recipients are located, whether they have consented to receiving the email, and what your emails contain. THE LEGAL STATUS OF WEB CHECK BOXES ON A CONTRACT The short answer is No. Electronic copies of a contract and a physical paper copy of a contract are now considered to be much the same in the eyes of the law as established by ESIGN and UETA. At the same time, just as you are often unable to prove that an individual signed a hardcopy of a contract outside of your presence, you have the same LEGALITIES OF RUNNING A BUSINESS WHEN YOU ARE NOT YET 18 Whether or not someone under the age of 18 can form an LLC varies from state to state. Several states specifically provide that someone has to be at least 18 years old to form or organize LLCs, while other states are silent as to the age of members. If you are in a state that does not specifically preclude you from forming an LLC or being a SHOULD MY PHOTOGRAPHY CONTRACT AND MODEL RELEASE BE The model release gives the proper permissions needed for commercial use and the contract outlines expectations of the transaction and governs the obligations of each party. While the photography contract and model release could be put into one document there are some legal and business reasons why having them separate may be best for your

Hide Unhide

* Recommended

* Support

* My Account

* My Downloads

* My Orders

* My Courses

* COVID-19

* About

* Free Resources

* Shop

* Need help?

* Education

COVID-19

* FREE Resource Page * Cancellation of Contract * Release of Liability Waiver

Free Resources

* Free Contract

* Blog

* Community

Shop

* Categories

* Top Products

Categories

* Contracts ⭐

* DIY Business Protection * DIY Business Planning * Trademark & Copyright

* Releases

* Tax Tools

Top Products

* Commercial Docs

* General Portrait

* Real Estate

* Wedding

* Contract Cancellation Form

Education

* Legal Biz Course

* Marketing Course

* Biz Task Help

Quiz: What's your tax risk level?

MY ACCOUNT | FAQS

| RECOMMENDED

__

__0

Items : 0

Subtotal : $0.00View Cart Check Out

__

Quiz: What's your tax risk level?

MY ACCOUNT | FAQS

| RECOMMENDED

* COVID-19

* FREE Resource Page * Cancellation of Contract * Release of Liability Waiver

* About

* Free Resources

* Free Contract

* Blog

* Community

* Shop

* Categories

* Contracts ⭐

* DIY Business Protection * DIY Business Planning * Trademark & Copyright

* Releases

* Tax Tools

* Top Products

* Commercial Docs

* General Portrait

* Real Estate

* Wedding

* Contract Cancellation Form

* Need help?

* Education

* Legal Biz Course

* Marketing Course

* Biz Task Help

__

__0

Items : 0

Subtotal : $0.00View Cart Check Out

__

LEGAL PROTECTION FOR PHOTOGRAPHERS TheLawTog® is the industry’s only resource with lawyers, photographers and other specialized fields to keep you protected and

legal.

See our PHOTOGRAPHY CONTRACT TEMPLATES, model releases, print release + more for your photography business.

See Contracts

_Pssttttt….play me!_ WE HELP KEEP YOU PROTECTED, SO YOU CAN STAY FOCUSED ON PHOTOGRAPHY. TheLawTog® contract template forms, contracts, and hundreds of free articles are easily accessible, understandable and usable for your photography business. READY TO SAVE TIME AND MONEY? With TheLawTog®, you'll get yourself on the path to protection!

* ____

Lawyer-drafted contract templates

* ____

CPA-created accounting & tax tools

* ____

Online legal business webcourses

* ____

DIY legal education & forms WHAT OTHERS ARE SAYING Helping photographers stay protected! THOUSANDS OF YOUR FELLOW PHOTOGRAPHERS PROTECT THEIR BUSINESS WITH

THELAWTOG®.

Just take a peek at our tribe & what platforms we are on.

__

60K

Subscribers

__

20K

Facebook Followers

__

20K

Community Members

__

100K

Pinterest Reach

__

CONTRACTS

Search by

-need

-type

-niche

__

CONTRACTS

Boudoir

Commercial

Portrait

Seniors

Wedding

… and more!

__

WEBCOURSES

We have online business webcourses that teach you the legalities to running a protected & professional photography business. No where else can you find a lawyer-photographer with these resources that gives 1:1 time to students!

__

ONLINE EDUCATION

_BizRevamp – the legal basics you need to protect yourself_ _Marketing Madness- market legally so you stay out of trouble_

__

TAXES & ACCOUNTING

Managing business finances can be scary. Our team of photographers, lawyers and CPAs tax and accounting tools to simplify it.

__

CPA ADVICE

When understanding taxes, deductions and finances it can be overwhelming! We have it broken down for you! Now for the exciting stuff! HOW CAN THIS SITE HELP ME? This resource is headed up by Rachel Brenke.  As a photographer, MBA and lawyer, she understands the complexities and fears of running a

business.

Under her guidance, you’ll get the information you need to protect your photography business. Rachel leads a team of professionals to help provide the best education and tools for your photography business.  These professionals include additional attorneys, Certified Public Accountants, Financial Planners, and more! SOMEONE USED YOUR IMAGES WITHOUT PERMISSION, NOW WHAT? Snag this checklist + copyright infringement kit today! Yes, take me there now!

__

What leaders in the industry are saying

REVIEWS

Rachel is my legal touchstone. Without her, I would not be able to protect my business or intellectual property in a way that I can be sure will stand up in court. I’m so glad she’s on my team. -AMANDA HOLLOWAY, AMANDA HOLLOWAY PHOTOGRAPHY Rachel is a dynamic speaker, a great photographer, and just happens to be an awesome lawyer.   It’s this combination that makes her the go-to photographer’s lawyer. – SUE BRYCE, SUE BRYCE EDUCATION

Learn More

ABOUT THELAWTOG®

The industry’s only legal go-to resource to help photographers protect and defend their business. Helping you with topics such as contracts, intellectual property, employment issues and more! CONTRACTS. LEGAL GUIDES. TAX TOOLS. EDUCATION. COMMUNITY.

IMPORTANT PAGES

* Knowledge Base

* My Account

* Recommended

* Legal Disclaimer

* TOS

* Meet The Team

* Business Bites Podcast

FEATURED PRODUCT

SEARCH THE SITE

FYI

UNLESS NOTED- ALL LEGAL INFORMATION AND PRODUCTS ARE BASED ON US LAW. THELAWTOG IS NOT A LAW FIRM AND ALL INFORMATION IS FOR EDUCATIONAL

PURPOSES ONLY.

�TheLawTog®. All Rights Reserved.__

GDPR

* Privacy Policy

* Google Analytics

PRIVACY POLICY

By using this Site, you are consenting to the collection, use, disclosure, and transfer of your information as described in this Policy (and any Privacy Notices that apply to you). If you do not consent to the collection, use, disclosure and transfer of your information as described in this Policy (and any Privacy Notices that apply to you), you may not use this Site. If you have questions about this Policy, or any Privacy Notice, please contact us using the information provided below. You can read our full policy here.

GOOGLE ANALYTICS

This website uses Google Analytics to collect anonymous information such as the number of visitors to the site, and the most popular

pages.

Keeping this cookie enabled helps us to improve our website. EnableEnable (Required)Disable We're here to support during COVID-19.{View our resource library!}

__

__

__

__

Matthew protected their biz with Cancellation of Contract Bundle

about 9 hours ago