Friday, August 30, 2013

The Questions


One of the biggest concerns about me as a photographer is making sure that my work stays my work. I don’t want anyone to just randomly decide to take over my photography and pass it off as his or hers.  A writer who can control, and profit from, artistic work will be inclined to produce more. If enforced oppressively, however, the copyright laws could stifle creativity by denying access to copyrighted work.” (Introduction to Business Law, Beatty Samuelson, p507). Concerning copyrights, I also need to know what the best course of action is when it comes to someone that violates my copyrights. Online service providers (OSPs) are not liable for posting copyrighted material so long as they are unaware that the material is illegal and they remove it promptly after receiving notice that it violates copyright law.(Introduction to Business Law, Beatty Samuelson, p509).
Another big concern of mine is the best way to structure my business. What are the true protections of an LLC? “Members are not personally liable for the debts of the company. They risk only their investment, as if they were shareholders of a corporation.(Introduction to Business Law, Beatty Samuelson, p377) Are they hard or easy to set up compared to other forms of businesses? In some cases, a court will 'pierce the veil' of a corporation and hold its shareholders personally liable for the debts of the business.” (Introduction to Business Law, Beatty Samuelson, p380)
And the final major concern of mine is basically how to handle model releases. I will more than likely not be working with many models, but when I do, I need to be informed on what potentially could happen if I am unable to procure a release from the model. I also wanted to know the ramifications of shooting an event, and when/where I would even need a model release form. 

  1. If no model release is signed for a portrait session, and the client tells you a year later that they don’t want their photos used in your website anymore, do they have that right to dictate when/where their images can be used even though no model release form was signed?
  2. Is it OK to photograph subjects at public events, such as festivals, parades, and rallies, then post them on an internet gallery for sale? I was thinking of taking photographs at a local festival, then selling them on my website. Is it OK to post photos on the net of people that anyone else could
  3. Who owns the copyright if a client pays you to take the picture
  4. Who owns the photo if my assistant/associate photographer takes the picture?
  5. What does registering a copyright do for me?
  6. If someone does sue me (or the LLC in this case) what could they get? If I distribute most if not all of the cash to myself during the course of the year, the business then really has no assets to get? Can they collect previously stated earnings?
  7. Is my camera considered an "asset" of the business? I have a nice camera. However, I may use these cameras for personal use as well, but, is there a way to distinguish whether it is an "asset of the LLC" or a "personal" asset used in the business. I am just wondering if someone could take it in a lawsuit or something.
  8. Is an LLC drastically more complicated to create than just a sole proprietorship? Are there any state reporting requirements other than filing?
  9. Somebody infringed my copyright. What can I do?
  10. What does a model release protect me from, and is it needed. 





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