What type of lawyer do I need for my photography business?

What type of lawyer do I need for my photography business?

What type of lawyer do I need for my photography business?So you’ve realized your business needs some legal protection overhaul, whether it is a major overhaul or minor tweaks, but you need guidance on where to go.  

This is figuring out the type you need, the price you may pay, as well as how to find them.

 

What type do I need?

Figuring out the type of lawyer you need is extremely important.  In theory,  barred attorneys can take on pretty much any case – it doesn’t mean they can or should.  Attorneys have an ethical duty to have a competency to handle your case, but even more than that, you should want an attorney who specializes in the area that you’re seeking assistance in.  Some areas of law require more understanding than a cursory understanding or quick flip through in a “crash course” guide can provide. 

I hate to throw my lawyer folk under the bus, but some try to talk on all types of cases but are not well equipped to do.  Think of the adage,  jack of all trades but master of none.  Legal isn’t something to mess with.  Get someone who is specialized.  Think of it this way, while a medical malpractice attorney may have taken tax law in law school 20 years ago, doesn’t mean you probably wanting them advising you on tax strategies and actions.

Here is a quick and dirty checklist to take a gander at the type of lawyer you may need depending on your legal needs.

  • Contracts – Small Business/Contracts
  • Business Formation – Small Business
  • Copyright – Intellectual Property and Small Business
  • Tax – Tax and Small Business
  • Trademark – Intellectual Property
  • Review of business affairs – Small Business/Contracts

General practice law firms may provide specialization in one of these areas.

FYI: Read “Should I hire a lawyer or CPA?” for any business formation tips (Hint: The answer isn’t always to hire a CPA!)

 

It is important to note, you need an attorney that is actively barred in the state of where your business resides and/or you are engaged in business.   Advisement by attorneys from across state lines can borderline unethical, not be conducive to the type of advisement you need, as well as leaving you in a lurch.  

Consider this also, if you take advisement from friend-of-a-friend Sally who lives in Tenneesee while your business is in Texas and you end up with a legal issue – is Sally going to come to Texas to help you settle the issue?

Probably not.  

Which results in having to start all over with a new attorney and potentially cost you more financial and time resources.

There is safety in having a path of recourse should you run into issues in business.  Having a friend of the family or a family member do legal work can complicate personal relationships if a situation comes up.  You want to have the ability to pursue potential malpractice action or have someone to fix the issue at their cost.

 

How much do they cost?

Unfortunately, I can’t give you a hard cost.  Lawyers, much like photographers, all have different business models. These can range from a retainer contract arrangement, to hourly, through flat rate fees.   

#1 Get quotes

The goal going into the legal relationship is to between three to five quotes in your local area based on the type mentioned above.  Balance your budget with legal protection needs to identify the attorney you’ll inquire to.  

If you’re unable to afford an attorney, get this cost into your cost of doing business (CODB) now! You can’t afford to run a business without legal protection.

Hint: You can interview firms before hiring.  Even if you aren’t talking to the lawyer specifically, their staff should be able to discuss and answer questions about whether they are equipped to handle your specific legal needs.

 

#2 Take information with you

Before walking into the office, take a checklist of items in priority order.  This will save you time relaying what you need, and will give the attorney a quick roadmap to survey (saving time – especially if you’re being billed by the hour.)

Keep in mind, majority of lawyers have never run a photography business! So while they know the legal side, you need to provide context on how the industry runs, as well as your specific business policies.

It’s a super plus if you’re going in for contract drafting and have pooled information (SHAMLESS PLUG: Such as my contract forms) .  I have examples in this article to show how templates and checklists saved one photographer $340 and 1.9 hours of time. 

 

How do I find these lawyers?

Come see me on ShowIt Live – Presenting Legal Blogging

Come see me on ShowIt Live - Presenting Legal Blogging


Come see me on ShowIt Live - Presenting Legal BloggingHave you ever worried that you might be exposing yourself to legal troubles when you blog? Do you worry about posting photos of guests you don’t have releases for? What rights do you give up when you submit your photos to other blogs for posting?

Their legal expert, yours truly, will be there to help clarify those murky waters and give you a guide for moving forward. I’m an expert at managing legal issues that affect photographers in all areas of your business.

Join me with your questions live!

Live on event date: 10/13/2015 at 1pm Eastern

Come RSVP here

View it live here

Are your hands shaking?

Are your hands shaking?

Are your hands shaking?You see an email notification flash on your smart phone. But you can only see the first few lines. And they go something like this “Dear Photographer, I hate to write this but we are not happy…..”

Right there. Your stomach plummets out of you and thuds on the ground.

Something has happened, and you are praying you have done everything right and have all the rights protections in place to shield your business if this spark ignites into a forest fire.

As you race to a computer to read the email in full-screen, your hands are shaking. Your confidence is shaking. You’re beginning to second doubt yourself.

 

I see this over and over from you guys. And it kills me. I get emails saying things like this:

I got blindsided by this complaint from a bride’s mother that I didn’t get a picture of the caterer with the catering table. It was never discussed in the shot list. And now they are picking apart everything I did and are threatening legal action.

I need to take my clients to court for non-payment but I don’t have my license or other permits yet. Will I get in trouble for not being legal?”

I had a client’s daughter trip-and-fall down the stairs leaving my house. I’m not registered as a business with my county and I don’t have insurance. Are they going to win if they sue me?

 

I see these emails all the time and my heart breaks thinking how easy it would be to prevent, or at least diminish the probability, of issues occurring if all businesses set aside time to reevaluate their protection tools yearly (if not more).

The problem I see is – it’s not that you, photographers, don’t want to protect their business. You do. And it’s not that you haven’t considered policies, you have. It’s just that you only know what you know, and don’t know what you don’t know.

And because of this, your confidence is shaken. And clients can smell it, the fear coming off of you.

When a client tries to push boundaries, they are scared to stand firm.

When a client gets hurt, it’s too late to do anything.

When a client quits paying, the photographer is at a loss.

 

This is why preventive tools to protect your business are a must have.

If you have all your protections in place, then you can be confident to stand firm on business decisions, and be confident in making the best customer service.

These tools include: business formation, contracts, appropriate licenses permits, and insurance.

One of the biggest disservices I think that online groups give is to further this idea if you have ONE of these tools, you’re protected.

Wrong.  

 

Protection Tools

Each of these tools do offer some protection – but they work best in layers.

First, having proper lawyer-drafted contracts implemented in your business will help to inform customers of policies, provide hurdles to any issues a customer may have and provide a legal document to be referenced in situations.

Next, you have a layer of a liability insurance policy. By having this layer, you can defer clients to the company to resolve any potential liability issues that arise. This frees you up to focus on your business and (hopefully) reduce costs to extinguish any “fires” that may come up.

The core layer would be your business formation choice. For example, choosing a Limited Liability Company divides the business and personal assets for protection.  With the formation at the core, if customers get through the last two layers then they have to engage in a legal transaction such as court or mediation for a resolution.

 

Examples

Take for example, the photographer above who had the client who tripped and fell down the stairs. She didn’t have liability insurance but she was an LLC – so when trying to settle the matter she had to go all the way into court to settle it. Whereas, had she had a liability insurance policy in place, she may have been able to have it handled in a shorter amount of time with a lot less money.

Another example from above, the bride’s mom who had a fancy for a photograph of the chef with the catering table.   While there was a contract in place, having specific insurance policies in place could also deflect any potential law suit as well.

These are just two examples that show you how these tools are work together as multiple layers of protection.

 

The Sad Reality

Sadly, many of you will set up shop and never revisit these tools until you have an issue arise. By then, it is too late. You need to be revisiting these tools to make sure your insurance policy hasn’t changed, your contracts are legit, and your business growth hasn’t demanded a change in formation.

If you are one of those that isn’t even that to point yet, make sure you get these tools in your tool belt before even taking clients.

If you think you have it on lock down, consider this it is cheaper and easier to be protected by layers (and keep these layers up to date) than trying to scramble when an issue occurs.

 

And this is why you’re going to see much more information from me that will centered on protection. My goal is to push preventive methods rather than “clean-up-on-aisle-four” methods.  

Because the more protected you are, the more confident you will be. This will help you stand firm when clients are trying to steamroll you. It will give you the ability to discern which policies to relax in the name of customer service.

This is just the beginning of some big changes here and y’all are going to get the benefit. In the next few weeks you’re going to see a schedule of monthly free webinars, BizRevamp will open for enrollment (09/08), and a few other things I have up my sleeves.

 

When Photography Meets Immigration – Foreign Freelance Photography Visas

When Photography Meets Immigration - Foreign Freelance Photography Visas

Photography is an awesome, mobile career but there can be legal barriers when coming and going from your native country. 

The United States attracts a lot of creative types from all over the world. Once photographers experience the creative vitality of places like Los Angeles or New York, they often want to stay. However, as most people know, you have to obtain some paperwork authorizing you to live and work in the United States legally.

 

I just want to be able to work in the US a few times a year for fashion week and do photo shoots.

If you want to work in the United States then, the O-1 visa is probably for you. The O-1 visa is probably one of the work visas that tend to get over-looked a lot! Unlike the H1-B visas, which require a quota (65,000 per fiscal year), the O-1 visa does not. An O-1 visa will allow you to stay in the United States for up to 3 years, with the option of renewing in 12-month increments. There is no maximum on how many renewals an O-1 visa holder can obtain.

 

What is an O1 visa?

The O-1 visa is for actress, models, photographers, writers, cast directors –, anyone in the creative or entertainment fields who have ‘extraordinary ability’. While most workers are set on obtaining their H1-B visas before the numbers run out, the O-1 visa sits in the corner. Although the term ‘extraordinary ability’ can seem daunting or unattainable, many more people qualify for this visa than you might think. The O-1 visas are awarded to a more elite crowd: those who can prove to U.S. Immigration that they are the cream of the crop in their fields.

 

What do I need to qualify for the O-1 visa?

First, you will have to find a sponsor who can be an agent or a production company… basically a U.S Company that says I want this person to come work for me. This means that a freelance photographer would have found an agency to work with. There is no self-sponsor in this visa category.

After you have found your sponsor, you will have to gather the evidence to prove to immigration that you are an artist or photographer who has extraordinary ability. In other words, you will be bringing a lot of money to the United States.

 

BUT…I am an extraordinary Photographer…Let me show you…

In order to prove to immigration that you are a foreign national with international recognition and extraordinary ability in the arts and motion pictures and television, the O-1 visa applicant may also provide evidence that s/he is the winner of an internationally recognized award, such as an Academy Award or a Grammy, or by demonstrating at least three (but, the more of these you can show the better) of the following:

  • Lead or starring role for productions or events with distinguished reputations;
  • National or International recognition demonstrated by published material about your work;
  • Lead, starring, or critical role for organizations or establishments with distinguished reputation;
  • Record of major commercial or critically acclaimed success;
  • Significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field;
  • High salary in relation to others in the field.

If you’re working on photo shoots, then the case rests almost entirely on the number of tear-sheets you can compile; if you have upwards of 40, then you’re in a good place to consider this visa.

 

Recommendation Letters

If you are applying for this visa type, you will need 7 to 10 letters of recommendation from people in your industry. The letter must explain:

  • Who the person is giving you the letter of recommendation
  • How does this person know you and
  • Why does this person think you have extraordinary ability

 

Your union review

After you have compiled all the evidence, your application and supporting, document must be sent to two unions in your area. This will be the Professional Photographers of America (PPA) and the International Cinematographers Guild (ICG). After the unions review your application and supporting documents, it is ready to be submitted to immigration. Once the application gets approved, you will have to go to a US embassy or consulate (if you are applying outside the US) to attend an interview and receive a stamp in your passport.

 

Yay!!! You are approved, what happens next?

Now you will receive an “approval notice” in the mail from immigration. This is not a visa. Once you have this petition notice you still have to apply for a visa and take an interview at a US consulate in your home country or any approved third country outside the U.S. It is after you are invited for an interview at the consulate or US embassy is when you will be informed that you are approved and have your passport stamped with the visa.

 

A final note…

If you are a photographer considering working in the United States, please note that you have to invest a significant amount of time and due care in preparing the materials to get a visa. It does not happen overnight nor is it something you can approach in a lazy fashion…so plan accordingly and prepare thoroughly. Take adequate time to prepare your materials for the petition. Book your flights AFTER you receive the petition notice approval or are issued your visa in your passport. Finally, remember that once you apply for the visa you need to wait before your petition is approved before you are allowed to enter and work under a work visa.

Do parents have to legally come to a senior photography session?

Do parents have to legally come to a senior photography session?

Interacting with a senior in their custom- planned photography session is critical to a successful outcome. There is a fine line in wanting to please the senior graduate but also needing to please mom and dad. This is especially true when Mom and Dad are typically the legal clients on the contracted session. But, as many senior photographers well know, seniors have a busy schedule, as well as the parents. So how do we get around this? Can we legally shoot without the parents there? If legally, should we even do it anyways?

As a business owner, as long as you’re within the law, you can make choices that are best for your business. Let’s investigate these situations for their legalities and to help you make the best decision possible for your senior photography business.

Contract Privity 101

Before we can investigate the variety of situations that may occur, let us do a crash course on the theory of contract privity.

In the theory of contract privity, the only person(s) you are responsible to are parties of the contract. Parties to the contract, the ones you are contractually responsible to, are those that are a part of the agreement itself. You become responsible to these parties by signing the agreement and promising to all terms within the contract. In an ideal situation, the parents would sign the contract and pay all monies. Simple. That means the “privity” would run between you, the photographer, and the signed parties.

However, things get complicated when other parties sign and/or pay the contract monies without doing both. In the case where a senior or another individual pays, contracted party doesn’t (or vice versa), there may be a third-party that the contracted party intended the benefit of the photography session to.

Confused yet? Let’s look at some situations.

Note: Contract law does not necessarily demand that the contract include a provision when an alternate person wants to assume responsibility for payment because, by theory, the person signing is assuming responsibility for the entirety of the agreement – which would include payment. If a person wants to pay the monetary obligation that is where it can get tricky. Simply, the signing person is agreeing to all of the terms, including payment. An additional clause is not needed. If Person A signs a contract with Photographer, Person A is responsible to the photographer. If Person B wants to pay and hasn’t signed the contract, Person A is still responsible to the Photographer. If Person B fails to pay then, there would be a conflict between Person A and Person B. Not between Personal B and the photographer. I’m going to spare you a completely additional legal theory that involves assuming of responsibilities in contracts. Just know- whoever signs is the person on the hook to you as the photographer. If Person A does not want to be or is unable to be responsible for the monetary portion then they should not sign the agreement. – Please note this example is merely to clear up a little bit of the cloudiness that contract law brings. If you have further contract questions for this type of situation, always seek a local attorney.

 

Is it legal to shoot without the parents at the session?

Barring any specific state laws, fulfillment of the senior session without the parents should be legally permissible. This is especially true if the senior is above the age of majority (which in most states is the age of eighteen).

Most states do not allow minors to enter into contracts, therefore, if the high-school senior signed the agreement then it is most likely invalid and unenforceable.

In this type of scenario, the contract is with the parents, who are your clients. Your legal obligations are to the parents.

 

What if the majority-age senior is paid for the session, but parents signed?

This is even true if the high school senior is paying a portion of the session; the parents are still the contracted party.

In an ideal situation, it would be the parents signing and paying, but this is not always the case. As you can see above, the senior may have some rights as the third-party who brought the money to the table.

Always check local state laws before accepting any monies from non-contract signature parties.

 

What if the parents cannot attend the session?

While it may be legal to shoot the senior without the parents there, it may not always be best. Not just because they are the contracted parties but because of the potential risk that may be involved. By not having the parents present at the session there is great risk in them failing to feel like they received “enough” for their monies, opens up the door for potential complaints (such as missed shots), a vehicle or other accident, as well as accusations of impropriety.

While you can contract indemnification for liability, you can’t contract a potential perception of impropriety and reputation damage.

We must be smarter when choosing to engage with a senior on their lonesome.

It is not recommended, for the reasons listed above, to engage in a senior photography session without the presence of the parent or legal guardian.
As you can see, having or not having your senior at the session can have adverse business effects, if not legal ones. It is always best to have all parties to contract at the contracted senior photography session. If nothing else, how else will you show your value to those that are inevitably paying the bill?