Rule of law

One of the key points that James made was that whenever I am photographing a model, I should always get a model release form. “Do you need a written agreement at all? Oral contracts can certainly be successful, but there are times when you should definitely sign an agreement” (Introduction to Business Law, Beatty Samuelson, p207) I was informed concerning not getting a release form “Without releasing the rights in the first place, they stay with the model. There are defenses to this such as subsequent consent and allowing it to happen for a long time without objecting which falls under the legal term of ‘laches’ but those defenses rarely hold up.” “A moment's caution! Often that is the only thing needed to avoid years of litigation. Yes, the broad powers of a court may enable it to compensate an injured party, but problems of proof and the uncertainty of remedies demonstrate that the best solution is a carefully drafted contract and socially responsible behavior.” (Introduction to Business Law, Beatty Samuelson, p202). Concerning registering copyrights on my pictures, especially when dealing with models, I was advised by James “It protects your legal interest of ownership in the work and it can create a defense against certain claims by the models and/or their agencies.” “Today, a copyright is valid until 70 years after the death of the work's last living author or, in the case of works owned by a corporation, the copyright lasts 95 years from publication or 120 years from creation, whichever is shorter.” (Introduction to Business Law, Beatty Samuelson, p507). Concerning my assets like my camera, and if I should put them in the business as an asset or keep it as a personal one, he said “The decision on this would require fully advising a corporate CPA to get his determination on whether you would want to do so or not.” By doing this, I would best insure that I can protect myself and my personal assets the best possible way. When discussing LLC and the potential of being sued and what they would have access to, he said “You must be certain that you have treated the corporation as a separate legal entity and that it is not simply “your alter-ego” under the law.” “It has long been the case that, if corporate shareholders do not comply with the technicalities of corporation law, they may be held personally liable for the debts of the organization. As the following case illustrates, under these circumstances, members of an LLC are also liable.” (Introduction to Business Law, Beatty Samuelson, p380).