I cringe every time I see a post about photographers and
models teaming up to shoot during the COVID-19 pandemic when they should be
social distancing and staying home. The only photographers who should be out
shooting these days are the ones who are documenting the pandemic.
My business mentor taught me that when you’re not working in
your business, you should be working on your business. Here are 6 ways
you can work on your business while sheltering in place.
Edit Your Images From TFP Shoots
Models frequently complain that they rarely get images from
open TFP shoots. They held up their end of the bargain. Now it’s time for you
to do yours.
Brainstorm and Research Future Projects and Collaborations
Now is a good time to reach out to models you want to work
with and research ideas for shoots you want to do when the Shelter In Place orders
are lifted. There are lots of online groups where you can network with other
photogs and models.
Create Your LLC
Are you still a sole proprietor? <shiver> Please fix
that. No entrepreneur should be without a business entity for their company.
In most states, you can create a business entity online.
Look up your state’s Secretary of State Office or Corporation Commission.
Review or Create Your Legal Documents
Do you have templates for your client
contracts, model releases, and copyright license? If not, now you have the
time to create them. If you have them, can you remember the last time your
reviewed them? If not, now would be a good time to do that. A lot of people are
double checking that they have an effective force majeure
provision in their agreements.
If you want to respond to suspected copyright infringement
by sending a cease
and desist letter, now is the time to create an epic C&D template so
you’re ready to lay the smack down on anyone who violates your rights.
Update Your Website
I bet it’s been a while since you did that. Make sure it accurately
reflects your style and strengths. Even I’ve spent time while sheltering in
place, updating this site.
Clean Your Gear
Now you have the time to clean your gear, including cleaning
out gear you no longer use. Get your gear serviced if your camera shop is still
open. Don’t forget to go through your memory cards and get rid of images you’ll
never do anything with.
If you can’t resist the urge to pick up a camera, please
limit yourself to shooting still life, self-portraits, and/or shooting at home
with members of your household. You can also work on your craft by re-editing
older photos and taking online trainings on various techniques and skills.
Lights Camera LawsuitTM
There’s always a need for quality legal information for photographers. That’s why I created an online course called Lights Camera Lawsuit: The Legal Side of Professional Photography to address photographers’ most important questions. It’s 23 lessons, nearly 6 hours of legal information, with tons of information about contracts and copyright. I want you to feel secure in your business, confident in the way you operate day-to-day, knowing that you’ve set yourself up to get paid what your worth without incident.
The course is $497,
but until June 1, 2020, you can get it for 20% off with promo code thrive20.
“Looking For Clues” by Casey Fleser from Flickr (Creative Commons License)
There
are many reasons why you might want to search for a registered copyright,
including to verify that a work was registered properly or to determine who to
contact about licensing a work.
I
conducted my first search when a romance
writer friend asked me to help her verify that the copyright in her books were
registered properly. It may seem daunting to search for a copyright, but you’ll
see it’s a straightforward process through the U.S. Copyright Office website.
Step
One: Copyright.gov
The
homepage for the U.S. Copyright Office has a block clearly labeled “Search
Copyright Records” to search for records dating in or after 1978.
Step
Two: Search by Name
This
link takes you to a search page where you can search for registered works by
title, name, or keyword. Unless you have specific information about the registered
copyright you’re looking for, it’s probably best to search by name. You can
search by the author’s or copyright owner’s name or their company name.
You
can search by title, which is a good option for things books where people tend
to know it, but you may not know the title of works like websites or a
collection of photographs.
Step
Three: Review the Results
Hopefully
the search results aren’t too long, and it’s easy to find the work you’re looking
for. Each record will include the name of the work, the type of work it is, the
author’s name, and information about who to contact about the rights to the
work.
Many
times, the author for the work is not the owner of the copyright or the person
to contact about it.
There are 68 copyrights registered to people named Ruth Carter.
Benefits
of Copyright Registration
There
are three main situations where I recommend a client register their copyright:
They want to license their work.
They want to sell the copyright in their work.
They want the option to sue in the event their copyright is infringed.
In
the U.S., you cannot sue for copyright infringement unless you’ve previously
registered your copyright. When you register you work will impact what types of
damages you can request from the court.
If
you have questions about your copyright rights, please contact me or another copyright
lawyer in your community.
I’ve spent the last week promoting
the bejezus out of this, and I’m so pleased that the response has been so
positive:
Looks like a powerful product… I’m sure it will prove very popular!
Super good idea, and i love the curriculum.
Sound like a good (and much-needed) product.
Just forwarded it to every photographer I know
I will never stop being amazed at your entrepreneurial talents – what an amazing idea.
On the eve of the pre-sale, I wanted
to respond to some of the questions I’ve received about this course.
What inspired you to create this
course?
I’ve worked as a lawyer for eight
years and a model for five. Basically, I’ve worked on both sides of the camera
without having to touch one. I’ve seen there is a great need for quality
information about photography law, and, unfortunately, most photographers can’t
afford to hire a lawyer to help with all their legal needs. I’ve seen too many
photographers make costly mistakes that were completely avoidable, particularly
related to their contracts and copyright. I created this course to save other
photographers from making the same mistakes.
Why did you create a course instead of another type of
product or event?
There are three reasons. First, by creating a course, I can
maximize the number of people I can help while keeping the price down.
Second, the material in the course is evergreen (at least
until the law changes), so I want it to be available when people are ready for
it and looking for a reliable resource about photography law.
Third, people who buy the course will be able to access it
again and again, versus a live event which is a one-and-done deal. If there are
changes to the law, I can update the lesson in question or add an additional
lesson to the course, and everyone who had purchased it to date will get it at
no additional cost.
Does the course include contract templates?
No, and here’s why – I’m not allowed to under the rules of my
law license. However, the course includes the list of provisions I include in
my contracts and lots of sample verbiage from real documents I’ve created for
photographer clients.
Where did the name Scarlet Maven come from?
Scarlet Maven is the name of my superhero alter ego.
Why did you have to create a separate business entity? What
type did you create?
I created a separate entity, Scarlet Maven, LLC, to make it
clear that there will not be an attorney-client relationship with people who
buy the course.
On the advice of my accountant, I created an LLC for this
business. LLCs are a great choice In Arizona, because they are basically set-it-and-forget-it
entities. The state doesn’t require an annual report or fee. I don’t have to
file anything with the state unless the company moves or dissolves.
What aspects of the course did you outsource?
Each lesson is going to be a screencast with a voiceover
recording. I hired Elizabeth Fullerton at
Boldfaced Design to create the templates for the PowerPoint slides.
Additionally, because I have no artistic talent and only had
a feeling about what I wanted my logo to look like, I hired Dina Miller at Square Peg Creative to
create the logos for Scarlet Maven and Lights Camera Lawsuit.
Both were money well spent. These ladies did a beautiful job.
How have you been promoting the course?
In addition to promoting the course through Scarlet Maven’s
email list, I sent well over 500 individual emails to photographers, lawyers,
and other professional creatives who might be interested in the course or who might
know people who would be interested in the course.
The promotion won’t end with the pre-sale. I expect Lights
Camera Lawsuit will be a course I sell for years to come, so I’ll continue to
look for opportunity to reach more people about it.
What parts of this process were fun?
Creating the outline for the course and each of the lessons
was fun. So has been talking with photographers about their needs and what they
hoped to get out of this.
What new skills did you have to learn?
This venture gave me the opportunity to learn some new skills.
This was the first time I ever created a website with Squarespace. It’s quite
different than working with WordPress, but not too hard once you learn the
basics.
This is my first online course, and I’m using Teachery for it. I was so glad and relieved to
learn that this platform is super easy to use. I’ve also taken a number of
courses that platform, so I know how easy it is for users as well.
What challenges did you face?
Scarlet Maven is my side business, so one of the challenges I
faced was making time to devote to the business, create the course, and promote
it. I still have my full-time job being a lawyer, writer, and speaker where I don’t
always control when I have deadlines or when work gets dropped in my lap.
The biggest challenge I faced, by far, with this venture has
been managing my anxiety.
What if no one likes it?
What if no one buys it?
What if I screw up making it and it never gets to market?
These are the types of fears I wrestled with on a daily
basis. Sometimes they caused me to procrastinate working on the course. The
best way I knew to manage them was to focus on the next task in front of me instead
of being consumed by the bigger fears related to the course’s overall success.
Lights Camera Lawsuit Pre-sale: February 14th-18th
Ghost Dance by darkday from Flickr (Creative Commons License)
Being an entrepreneur is two full-time jobs in one: performing
your craft and running a business.
So Many Hats, So Little Time
As a photographer, you have so much to do – photo shoots,
edit images, maintain your web presence, promote your business, and garner new
clients. Plus, you have to answer emails and phone calls, take care of your billing
and accounting, buy office supplies, and take care of the things that normally
come with a 9-to-5 job like saving for retirement, health insurance, saving for
retirement, planning for time off . . .
Geez. Maybe it’s more like six jobs in one.
Non-entrepreneurs don’t know how much work it is to keep all
the cogs in the machine turning.
Best Advice I Received as an Entrepreneur
One of the best pieces of advice I heard when I was just
starting out as an entrepreneur was:
When you’re not working in your business, you need to be working on your business.
When you don’t have client work to do, you need to be working
on getting the next client in the door, and/or keeping up with the business
side of your company.
How You Set Up Your Business Determines Its Success
How you set up your business, not just creating a business entity,
will streamline future decisions. You want to know, and communicate, in advance:
Your policy regarding cancellations,
Pricing, including rush fees,
The turnaround time for deliverables, and
Your terms of licensing your work.
Remember – It’s your business. You make the rules.
You also want to make some in-house rules for yourself, like
deciding how you to respond to suspected copyright infringement, how you’ll
interact with your clients, and when to invest in more training or new equipment.
Having policies and systems in place will make you a more
efficient and effective business owner, which will clear up time and energy to
devote to your craft.
Work on the Business Every Week
Each week, you should set aside some time to work on your
business. Treat your business like a client and put it on your calendar. I have
a standing weekly meeting with myself where I put pen to paper to celebrate victories
from the past week, examine what’s working and what’s not in the business, what
to try next, and to consider upcoming opportunities. This is also the time I
pay bills and reconcile bank statements. I run a profit-and-loss report every
month to analyze how money is coming in and going out from the company.
Recently, I learned of a photographer who almost never
scheduled shoots on Monday. Instead, they used that time to buy film, return
calls, accounts receivable and payable, plan ahead, and send invoices. They
give themselves an entire day to step back from the camera and Lightroom to take
care of the needs of their business.
What about you? What do you do to take care of the business
side of your photography company?
Lights Camera Lawsuit
There’s always a need for quality legal information for photographers. That’s why I created an online course called Lights Camera Lawsuit: The Legal Side of Professional Photography to address photographers’ most important questions. I want you to feel secure in your business, confident in the way you operate day-to-day, knowing that you’ve set yourself up to get paid what your worth without incident.
The course goes live on March 16, 2020 and is $497. That’s less than what I charge for two hours of work and you’ll be getting over ten hours of legal information.
Please subscribe to make sure you don’t miss out on other fantastic offers and opportunities to interact with me.
” Angry Face Krah” by bixentro from Flickr (Creative Commons License)
Even
when you do everything right as a photographer – signed contract, quality work,
deliver the final images on-time, etc., you’ll still have to deal with clients
who don’t comply with the contract terms such as being late with payment or
alter the images (e.g. cropping them or applying filters) before posting them
online.
In
these challenging situations, you have options.
What
Does Your Contract Say?
The
terms of your contract matter most when things go sideways. You want to make
sure you have an air-tight contract that is clear about the client’s dos and
don’ts, as well as how you’ll resolve disputes.
When
I write a dispute resolution clause for my clients, I frequently write one
like:
Parties will attempt to resolve the matter among themselves for 30 days. If the dispute is not resolved in that time, then all disputes will be resolved in a court located in [Your County, Your State]. The Parties consent to the personal and subject matter jurisdiction of this court. This Agreement is governed by [Your State] law. The Parties agree that the non-prevailing Party shall be responsible for the prevailing Party’s attorneys’ fees and costs.
Actually,
many times, I recommend that my clients have their dispute resolution clause to
be based on where I live and Arizona law, because in the event of a dispute, my
client will have to pay me throughout the dispute and hope for reimbursement
from the other side at the end. It’s cheaper to resolve the dispute on your
lawyer’s turf than to have to cover their travel expenses.
Dial
Direct
When
a client comes to me because their client violated a contract, I often advise
them that they should contact their client directly first. Many people feel
attacked and go on the defensive when a letter from the lawyer arrives, and
they’ll ask, “Why didn’t you just contact me directly?”
When
you contact your client, be sure to give them an out, a way to save face,
particularly if the client hired you for personal or family photos. They don’t
likely understand things like copyright. It could be a casual message like:
“Hey there. I noticed you did XYZ. I’m glad you’re loving the photos so much. I think you may have forgotten that our contract says ABC. Please remove the images by Date.”
When
you send the email, include a copy of the contract, possibly with the pertinent
provision highlighted.
If
that a doesn’t work, the next email should be more forceful. (This may also be
your opening response, depending on the client.) You want to clearly state that
the person is in violation of the contract, and they must remove images by a
specific date. Many times, I recommend including the sentence, “I hope we can
resolve this matter without having to resort to lawyers.”
If
that doesn’t work, that’s when it’s time to have your lawyer to send a
nastygram (cease and desist letter) on your behalf.
Truth
be told, frequently I’m the one who writes these emails for my clients to send.
This way, the emails are legally accurate, which makes it easier if I have to
get involved.
Other
Ways to Go After Illegal Image Use Online
If
a client posted images online that they weren’t supposed to, and you’ve posted
them online somewhere, you can bypass your client completely and send a DMCA
Takedown Notice to the website where the images were posted. This tactic only
works for U.S.-based companies and companies that comply with these notices,
since the Digital Millennium Copyright Act (DMCA) is part of the U.S. Copyright
Act.
To
comply with the DMCA, the website has to remove access to the images. Note: It
is easy for the client to send a DMCA Counter Takedown Notice to get the images
restored. If you are concerned your client may do that, you may want to send
them a note that doing so would constitute perjury.
Images that Should Have Been Licensed
Sometimes
websites and/or paper publications ask the person in the image if they can use
the photo without verifying who is the copyright owner. If this person is your
client, they may be so flattered and excited by the offer, that they forget
they don’t have authority to grant permission for the use.
If
this happens, and your photo is used without your permission, particularly if
it’s a situation where you would have charged a licensing fee, the proper
response is to contact the publisher and inform them of their mistake. You can
even send them a bill with a letter that essentially says, ““By using my photo,
you’ve agreed to our licensing terms” and include a copy of your standard
license.
“Beggar’s Sign” by Eli Christman from Flickr (Creative Commons License)
Non-Paying
Clients
There
are few things more frustrating for any entrepreneur than having to chase a
client for payment. I’m a strong advocate that photographers should not provide
proofs to a client until all outstanding balances have been paid.
Likewise,
if the expectation is that the client must pay you before or at the time of the
event or photog shoot, and they don’t pay, don’t be afraid to leave. Why do any
work for them if they haven’t paid you to do so? If you choose to stay, I hope
your contract includes a provision that lets you charge a hefty late fee.
No
matter what or how you charge for your work, always send a reminder about when
payments are due, including a notice about your penalties for late payment.
Contract
are relationships management documents. They should address the interactions
with your clients, including when things go sideways.
Lights
Camera Lawsuit
There’s always a need for quality legal information for photographers. That’s why I created an online course called Lights Camera Lawsuit: The Legal Side of Professional Photography to address photographers’ most important questions. I want you to feel secure in your business, confident in the way you operate day-to-day, knowing that you’ve set yourself up to get paid what your worth without incident.
At $497, the course contains nearly six hours of legal information you can immediately apply to your business. That’s less than what I charge for two hours of legal work for clients!
Please subscribe for more information and to make sure you don’t miss out on any special offers or discounts.
Photographer by Elicus from Flickr (Creative Commons License)
One
of the problems I’ve heard about from a number of photographers is clients not
understanding what the photographer will and will not do for them. A way to
manage client expectations is to clearly document them in your contract.
Clearly
State What the Client is Getting and When
When
your prospective client reads your contract, it should be as crystal clear as
possible what they are hiring you to do. This includes providing expectations
when deliverables will be ready. Your contract may say things like:
You will show up on time and prepared to shoot the client’s wedding if they’ve paid your fee for the event in advance, or alternatively, the wedding party will not receive proofs from the event until they’ve paid in full, including any extra fees incurred because they asked you to stay late.
Proofs will be ready 3-4 weeks following the event.
The model is being compensated for their time and talent with money.
When
I review a contract, sometimes I take my notebook and divide it into two
columns – one for each party to the contract – and make a list about what each
side is giving and getting in return. Your client should be able to do the
same, which means the contract needs to be written with verbiage that they (and
you) can understand.
Be
Clear About What the Client is Not Getting
Along
with being clear about what the client is hiring you to do, you may want to
include terms that clarify what they client isn’t getting in this transaction. This
may include things like:
You will show the client the best images from the event. The client will not be allowed to see every image shot at the event.
You make no guarantee that you’ll be able to capture every image the client hoped you’d get.
Unless the client paid for extra editing, you will not photoshop the client to make them look like a completely different person.
If the client only paid for images for personal use, they can’t use them to market their business.
The client is not getting a license to modify the images. This includes running the images through a filter before putting them on Instagram.
Additionally,
I hope your contract has a provision entitled “Entire Agreement” that states
that the terms therein constitute the entire understanding between the parties,
and the contract supersedes all previous verbal and written exchanges. That way,
anything that isn’t written in the contract is, be definition, not part of the
agreement.
Contract
= Relationship Management Document
The
best way I can describe a contract is that it is a relationship management
document. It clearly states each side’s responsibilities, helps manage
expectations, and mitigates problems.
Your
photography contract is the master document that applies to your relationships
with your clients. When a client hires you for your talents and services, they
must agree to abide by your rules. Whatever your concerns are about client
behavior, make sure to address them in your contract.
An
effective contract can save you from stress, headaches, and legal bills. It won’t
eliminate problematic clients from your life, but it will help you manage them
more effectively when you can respond to their complaint with a copy of the
signed contract and saying, “As you can plainly see in the agreement you signed
on [date], you acknowledged/agreed that . . . “
You
may also want to have a section of your website where you share with prospective
clients, “My Commitment To You” where you can lay out your promises to clients.
You can even include a section that starts with, “While I promise to do my best
for you, I’m not a miracle worker.” From there you can go into some of the
things that you can’t or won’t do for clients.
Lights Camera Lawsuit
There’s always a need for quality legal information for photographers. That’s why I created an online course called Lights Camera Lawsuit: The Legal Side of Professional Photography to address photographers’ most important questions. I want you to feel secure in your business, confident in the way you operate day-to-day, knowing that you’ve set yourself up to get paid what your worth without incident.
At $497, the course contains nearly six hours of legal information you can immediately apply to your business. That’s less than what I charge for two hours of legal work for clients!
Please subscribe for more information and to make sure you don’t miss out on any special offers or discounts.
Strange Photosession Outside the National Theatre, Prague by Staffan Cederborg from Flickr (Creative Commons License)
A
photographer recently asked if they could use images if there was no model release
signed when the images were taken, and the model has since passed away. Does a
persons’ right of publicity survive death?
Anyone
who knows me knows the answer to every legal question starts with, “It depends.”
Right
of Publicity is a State-Level Law
A
person has a right to control how their image is used for commercial purposes.
These rights are governed by state-level laws. Unless there’s a contract that specifies
otherwise, the state where the images were taken will likely be the state law
that applies to your situation.
However,
if you use the images without a model release, and the surviving heirs object,
they may claim that the state laws where the model resided apply.
The
Professional Photographers of America (PPA) created a white paper called Model
Release that includes a list of the state statutes that pertain to model
releases. Please note, according to the white paper, this list of statutes was accurate
as of 2010, so it is best to verify that any laws that are applicable to you
are still accurate.
In
addition to statutes, there may be state-level common laws that pertain to
model releases as well. These are based on case law that has come through the courts.
If you need help researching case law, you should visit your local law library
or consult a lawyer.
The
Model May Have Other Rights
If
the model was a celebrity or was a public figure, their name, image, likeness
may be protected by other laws, such as trademark and/or copyright.
If
the model owned these trademarks and/or copyright at the time of their death,
these things would be passed on to others as stated in the model’s will or by
statute if the model died without a will.
Websites
May Require a Model Release
Even
if you are not required to have a model release to use the images of the now-deceased
model for commercial purposes – i.e., selling prints, licensing the images, or
using the images in your portfolio for marketing purposes – there may be other restrictions
on your ability to use the images, depending on where you want to display them.
There
are online platforms where photographers can showcase their work that require a
model release for every identifiable person in the image. If an identifiable person
is deceased, the photographer must get a model release signed by the decedent’s
heirs or next of kin.
Always
Get a Model Release
Of
course, all of these issues can be avoided by having the model sign a model release at
the time of the photo shoot.
Lights
Camera Lawsuit
There’s always a need for quality legal information for photographers. That’s why I created an online course called Lights Camera Lawsuit: The Legal Side of Professional Photography to address photographers’ most important questions. I want you to feel secure in your business, confident in the way you operate day-to-day, knowing that you’ve set yourself up to get paid what your worth without incident.
At $497, the course contains nearly six hours of legal information you can immediately apply to your business. That’s less than what I charge for two hours of legal work for clients!
Please subscribe for more information and to make sure you don’t miss out on any special offers or discounts.
“He Walks Dogs” by Damian Gadal from Flickr (Creative Commons License)
I
recently heard a question from a new photographer. They are new to the business
and focused on building their brand and rapport with potential clients. Their
question was, “Should I have a contract on hand at the beginning stages of my
business?”
My
response was an emphatic: “Yes!”
Photography Contracts: Every Job, Every Time
A
contract is a relationship management document. It puts everyone on the same page
about what each side is giving and getting and sets the expectations about how
each side should behave.
I
tell my photographer clients to never accept a job without a signed contract,
this applies even to TFP shoots (trade for photos). Your contract should
outline what the client is hiring you to do, how/when you’ll be compensated,
how the client can use the images, and who owns the copyright. It should also
have terms that address how problems will be resolved.
If the Prospect Balks at a Contract
If
you have a prospective client who says they “don’t think a contract is
necessary,” turn and run. This raises to red flags for me: either they don’t
understand how the business works, or they have devious reasons for not wanting
a contract that could bite you in the butt in the future.
One
of the best pieces of advice I got early in my career was, “You never regret
the client you didn’t take.” I have had no regrets about declining a
representation when a client balks at how I do business. Every time I decline
one of these clients, I feel like I’ve dodged a bullet.
Don’t Worry that Requiring a Contract will Push Clients Away
Don’t
worry about being perceived as “pushy” my holding firm that a contract is required.
You can be polite and respectful while say, “This is how I do business. If you
don’t want to sign a contract, that’s fine, but you won’t be working with me.”
You
set the rules for how you work with clients. If they balk at your contract
(assuming it’s reasonable), they shouldn’t be your client. A reasonable client
would expect you to require a contract. A person with any business acumen won’t
want to work with you without one.
Let
the prospects who don’t want contracts to self-select out. If you have problems
with a client at the beginning of the relationship, it’s an indicator that they
will be problematic throughout the project.
If
the prospect asks for a referral to another photographer, I recommend saying, “All
the reputable photographers I know won’t take on a client without a signed contract.”
It’s Cheaper and Easier to Prevent Legal Problems than to Fix Them
This
has been proven time and time again in my legal career. When a client comes to
me with a business dispute, one of my first questions is, “What does your
contract say?” When my client doesn’t have a contract, I have to piece together
the terms of their agreement from emails, text messages, and the parties’
actions. Often my client spends more just having me piece these things together
than what it would have cost them to have a custom contract template made.
Additionally,
in a dispute, it’s much easier to create a demand letter than references the
terms the other side agreed to and back them into a corner where they have to
try to defend the indefensible rather than assert what the terms of the
agreement are from the assembly of bits and pieces of communications and
actions that the other side can more easily debate.
Lights Camera LawsuitTM
There’s always a need for quality legal information for photographers. That’s why I created an online course called Lights Camera Lawsuit: The Legal Side of Professional Photography to address photographers’ most important questions. I want you to feel secure in your business, confident in the way you operate day-to-day, knowing that you’ve set yourself up to get paid what your worth without incident.
At $497, the course contains nearly six hours of legal information you can immediately apply to your business. That’s less than what I charge for two hours of legal work for clients!
Please subscribe for more information and to make sure you don’t miss out on any special offers or discounts.
As
I was researching photographers’ legal questions, I stumbled onto a question posted
by an upset client: “The photographer hasn’t given me my photos. It’s been six
months. What can I do about that?”
Whoa!
That sounds exceptionally bad. I’m curious how complex this project was and
when the photographer said they’d deliver images to the client.
I
don’t know the circumstances regarding this person’s situation, but here’s what
could happen if a client is unsatisfied with your work, or worse, you fail to
deliver as promised.
Check the Contract’s Dispute Resolution Provision
Whenever anyone comes to me with a business dispute, like “They didn’t pay me,” or “I didn’t get what I paid for,” the first question I ask is:
What does your contract say?
Your
photography contract should have a dispute resolution provision that states how
disputes are going to be resolved, where it’s going to be resolved, and which
state law governs the agreement.
One
of the most common dispute resolution clauses I put in photography contracts says
if there’s a dispute, the parties will try, in good faith, to resolve the matter
within 30 days. If that doesn’t resolve the matter, then the parties agree to resolve
the matter is a court located in Maricopa County, Arizona, and the agreement is
governed by Arizona law. (I recommend Maricopa County and Arizona law because
that’s where I’m located. You don’t want to pay for your lawyer’s travel expenses
if you don’t have to.) I usually include a clause that says the losing party must
pay the prevailing party’s attorneys’ fees and costs.
Regardless
of what the contract states about resolving disputes, my first step in most
disputes is sending a demand letter that puts the other side on notice that further
legal recourse will be sought. This letter lets the other side know that the offended
party is serious and willing to fight, and it gives them a chance to resolve
the matter before it will be taken to the next level.
Report to the Attorney General’s Office for Consumer Fraud
You
may not know this, but your state’s Attorney General’s Office may have a forum
to submit a consumer complaint and report suspected fraud. Arizona has this,
and it’s not a fun process to go through the subsequent investigation, which could
include being subpoenaed for a deposition under oath and/or having a claim for fraud
filed against you. If a court found that you committed fraud, it could have devasting
consequences for your business, including your ability to be a professional
photographer. Taking a client’s money and failing to provide the images could
easily be an act of fraud.
If
a client wanted to pursue this option, they don’t need a lawyer to file a
consumer complaint. They can go online and get the form themselves. The
Attorney General’s Office would foot the bill for the investigation, and likely
expect to be reimbursed by you if you lose or come to a settlement. Conversely,
if a consumer complaint is filed against you, you should hire a lawyer to represent
you.
Bad Review
The
least problematic a dissatisfied client could do is leave you a negative review
on Google, Yelp, or Facebook, or they could post about you online on their
social media accounts or their website. As long as everything they post about
you is true or their opinion, it’s perfectly legal.
Hopefully,
you never find yourself in this type of situation, but if it happens, please
don’t ghost your client. Keep the lines of communication open as you work
towards a resolution. One of the most common complaints I hear from customers
is that the person they hired stopped responding to emails, calls, or texts,
and so they felt like they had no choice but to ask a lawyer or the state for
help.
Lights Camera LawsuitTM
There’s always a need for quality legal information for photographers. That’s why I created an online course called Lights Camera Lawsuit: The Legal Side of Professional Photography to address photographers’ most important questions. I want you to feel secure in your business, confident in the way you operate day-to-day, knowing that you’ve set yourself up to get paid what your worth without incident.
At $497, the course contains nearly six hours of legal information you can immediately apply to your business. That’s less than what I charge for two hours of legal work for clients!
Please subscribe for more information and to make sure you don’t miss out on any special offers or discounts.
“Photo Shoot” by Cliff from Flickr (Creative Commons License)
Last week, I saw a thread in an online photography group
that started with a simple question: “What problems do you face as a
photographer?” After reading hundreds of the responses, I wanted to respond to some
of their problems as both a lawyer and an entrepreneur:
Competition – Other Photographers Offering Half the Price
My first thought when I read this was, “There’s a good
chance it’s also half the quality.” You never want to be in a race to the lowest
price. Instead of worrying about price, focus on what makes you different from
the competition.
If someone wants a cheap photographer to document their once
in a lifetime event, like their wedding, that’s their choice. If I were facing
a client who said, “I can get someone to photograph my wedding at half this
price,” I hope my response would be something like, “This is your special day. You
have to choose who you trust to capture these moments for you.”
Personally, I have no problem when a client self-selects out
from working with me if they don’t want to pay my rate. It’s better that they
decide that early and go with someone else.
This problem reminds me of a sign I saw in a tattoo parlor: “Good
tattoos aren’t cheap. Cheap tattoos aren’t good.” The same is likely true for
photographers.
Clients Don’t See What We’re Worth
Part of being an entrepreneur is educating prospective client
about the value we bring. It’s not that skilled photographers cost so much, but
they’re worth so much. Some of the ways you can do this is by having a
high-quality portfolio and a stellar reputation.
Remember: You’re not just taking photos; you’re creating an
experience – every interaction from the first “hello” to the final deliverable.
Your ability to take and edit photos are important, but so are the way you
carry yourself, how you communicate, and your creativity, work ethic, and
confidence in your skills. All of those things add or detract from your value
as an artist. You want to be in a position where people want to hire you, not
just any photographer.
I had a similar situation when I hired the designer who created
the logos for Scarlet MavenTM
and Lights Camera LawsuitTM. I could have used a discount
service like 99 Designs or Fiverr, but I didn’t want to entrust a stranger with
this task. I wanted to work with Square Peg Creative and Dina
Miller. I’d seen and loved the way she created. I was willing to pay extra
for that experience, and the resulting logos that I love.
How to Tell People I’m a Proper Photographer
The best way to tell people that you’re a professional
photographer is to act like one. Create a business entity, a website with a
portfolio, and contract templates for your services. If you want people to take
your seriously, you have to act like a professional.
Speaking of Contracts
Contracts are relationship management documents. Once a
client signs the contract, they are bound by its terms. Whenever there’s a
problem, you can refer back to the contract and the terms they already agreed
to. This is where you can put information like,
The deposit is non-refundable.
The photographer chooses the best images to show client. The client will not get raw images.
There’s no guarantee you’ll capture every image the client was hoping for.
The client is not allowed to edit the final images. This includes adding filters or stickers or cropping the images.
There’s a video I recommend to almost every entrepreneur
called F*ck You, Pay Me, that
features a graphic designer and his lawyer talking about how they use contracts
to make sure the client pays per the contract’s terms. The suggestions work for
many types of professional creatives.
Clients with High Expectations and Low Budgets
While many people don’t like talking about money, it is a
topic you want to discuss early in the vetting process by either giving the
prospective client your price list or asking about their budget. Don’t be afraid
to be frank with clients who have expectations that are way beyond what they
can afford. Tell them what they can afford based on their budget, as well as
what you could do if they are willing to pay more so they can make an educated
decision about what they want.
Clients Who Try to Negotiate on Price
In the photographer-client relationship, they are hiring
you. You get to decide what is and is not negotiable in your contract. If your rates
are not negotiable, be clear about that the first time they ask.
In my practice, I hand pick who are my pro bono clients and
who gets a discount. That’s my call, not the other way around.
Here’s a tip I saw from another photographer: Make your
prices all-inclusive. Don’t list separate prices for shooting and editing, because
it opens the door for clients to try to haggle on one or the other.
Companies that Want You to Work for Free or Magazines that Want to Use Images for Free
Oh, it’s so cute when people want you to work for “exposure.” You get
to decide how you respond to those requests. Here are some of my favorites:
Exposure is not a currency that my landlord accepts.
I can’t pay my mortgage with exposure.
People die of exposure.
Chasing Payments
Ideally, you want to create a photographer-client relationship
where it’s easier to comply with the terms of the contract and pay on time,
than not. Many photographers charge a non-refundable deposit to book a shoot or
event and require the balance to be paid in by the day of the shoot or event.
At the latest, I don’t recommend a photographer provide proofs unless they’ve
been paid for the shoot.
You also want to have terms in your contract about cancelled
appointments, late payments, and non-payments, so that you set yourself up to get
paid what you’re owed in a timely manner.
Are You Free Next Week?
You can put the information about how far in advance a prospective
client should expect to book you near your contact information or in your FAQs
if you have them.
People Assuming You will Photoshop them Perfect
This problem reminds me of Christian Siriano on Project
Runway when he said, “I’m not a miracle worker, lady. I can’t make you have an
ass!”
In talking with your client, set some expectations about
what Photoshop can and can’t do. Assume your client doesn’t know anything about
photography, unless they are a professional photographer themselves. You can educate
your clients by showing them before and after images so they can see the type
of edits you’ll be doing for them.
It’s ok to have fun with it, if that’s your style, by saying
things like, “If you’re 5’2”, I can’t make you 5’10”,” or “If you have a ‘dad
bod,’ I can’t transform you into Thor.” On the softer, more realistic side,
remind your client that it’s your job to capture them looking their best, not
like someone else.
Bonus Tips from my Experience as Model: Posing
Several people said they had problems with posing models or
giving direction. As a model,
my response is, “Don’t be afraid to try.” You’re the one behind the camera. I
can’t see how I look.
If you give a model a pose and it doesn’t create a good image,
try something else. I won’t know if you didn’t get the shot you wanted. I’ll
think you have lots of ideas.
It’s ok to think out loud and say things such as, “I like how this light is hitting your eyes, let’s try this.”
I’ve you are afraid you won’t remember the ideas you wanted
to try from other images, bring notes to the shoot. It shows you’re prepared, and
thinking about what types of images might be best for me.
Learning how to pose models and give direction is something
you develop over time, with practice, and watching others. Unless you’re doing
some extreme work, no one is going to die. And don’t forget – I can’t see how I
look, so as far as I know, whatever you’re trying is brilliant.
Lights Camera LawsuitTM
There’s always a need for quality legal information for photographers. That’s why I created an online course called Lights Camera Lawsuit: The Legal Side of Professional Photography to address photographers’ most important questions. I want you to feel secure in your business, confident in the way you operate day-to-day, knowing that you’ve set yourself up to get paid what your worth without incident.
At $497, the course contains nearly six hours of legal information you can immediately apply to your business. That’s less than what I charge for two hours of legal work for clients!
Please subscribe for more information and to make sure you don’t miss out on any special offers or discounts.
