As promised, today I will cover legal aspects of operating a photography business. The rules are pretty much the same as for any small business run from your home. For more information on setting up and running a business, see the Small Business Administration’s web site.
The legal aspects I would like to talk about are those that pertain specifically to photography, such as how and what you can use your photos for, various photography contracts, model releases, property releases, …etc. To begin, let’s talk about some of the contracts and releases that you will probably use a lot.
What is a release? And why do I need one?
Releases have to do with an individual’s rights to privacy. State laws forbid the use of a person’s name, portrait, or picture for purposes of advertising or trade. However, the use of people’s images for newsworthy and editorial purposes is okay, since that use is protected by the First Amendment.
You need a photo (or model) release anytime you want to use a picture for aything other than news or editorial use, which means, for most photographers, all the time. It’s better to be safe and get a model release from all of your clients, so if you decide later to do something with that photo, you can.
If you are just starting out in the photography business, tell your client that, and ask them if they would mind signing a release so that you can use their photo for marketing your work. Most people don’t mind at all, and may even give you a testimonial about why they liked working with you. In exchange for them signing a release or otherwise helping you out ( maybe with a referral), offer them a free 5 x 7 print. This is not illegal, and makes everyone happy.
The Property Release
Property does not have rights of privacy or publicity, but sometimes you may need a release for the use of property belonging to someone else. If you used the portrait of someone’s pet for product packaging for a manufacturer of pet food, that would be a breach of an implied provision of the contract. You would need the pet owner’s consent for that use.
Contracts
To be safe, and for your own records, it is always good to have something in writing as to what is agreed upon by you and your clients as far as photography goes. Not that everyone will always follow through, but at least you will be protected from frivolous lawsuits. Tad Crawford has put together an excellent resource on the subject of “Business and Legal Forms for Photographers”, available at his site. He is an attorney and artists’ rights advocate, so he knows what he is talking about. He has quite a few related books available through his publishing company, Allworth Press.
Disclaimer: The information contained herein is in no way legal advice and should not be construed as such. Please check with your locality as to what is required to operate a business from your home, and what the legal requirements for such activity are.