Volunteer work for non-profit

Tennessee Landscape · Mar 15, 2008

I have been asked to volunteer my time and equipment to shoot an Easter event involving children. I am not opposed to doing so, but I asked for the group to give me a donation statement for my time and for the photographs. ( no sweat off their back except a piece of paper for the IRS ) After talking with their CPA and such, they said they cannot do so, otherwise they would have to give all the other volunteers the same. After discussing this with them, I told them this was not a requirement for me to show up and shoot, but I retain equal rights the all photos when I turn copies over to them. They continued to tell me that they would receive all rights to the photographs and could do whatever they chose to do with them, and I could not. They basically want me to show up with my camera, and hand over my memory card (not my card literaly, but you get the point), wham bam thank you mam.........

I am not opposed to volunteering or donating photographs, but I expect that I should be able to keep any photo if not all for my own portfolio. Am I asking too much?

~Stella~ · Mar 15, 2008

I do not believe services (time, effort, talent) can be deducted, only actual products, so I would tell them this is the price of your product (put it in writing in an invoice form with a charity discount shown) and you would like a written acknowledgement of your donation. All they have to do is then incorporate the invoice into their thank you note - easy peasy.

As far as the rights, maybe someone with experience can offer their ideas. Perhaps they would be more at ease if you explained you do not plan to use the photos for commercial purposes, just for your portfolio (or whatever you plan to do), but you wouldn't be selling pics or making Tshirts out of them or whatever it is they think you might possibly do with them that they might find unsavory.

Phranquey · Mar 15, 2008

Not to be rude, but I would politley tell them to "stuff it". I am not opposed to doing something like this, but under those conditions, no way.

elsaspet · Mar 15, 2008

I say shoot it, have a blast, and help the community all in one fail swoop.

And then post it on your blog with tons of tag info.

Bthornton · Mar 16, 2008

I wonder if you are speaking to the right person in that organization. I do a LOT of that kinda work for my area. They get the images at no charge to do whatever they want with them but I also am able to use them in marketing of my work ( I tell them what I might use images for things like website gallery trade show samples ect..) . I make it clear I'm not SELLING the images I'm going to use to them to promote my company. Part of the issue might be you are photographing children. As you know in order to show those images in any way you need a release signed for each child in image. Ask if you can take a few release so if you get a good shot you can get a parent to sign off. I also require that I am given credit EVERY time they use my images. That is standard in this type of thing.
As stated in the earlier post you can't get any tax break/credit for time spent on this type of thing. It's only tangible goods you can deduct as a photographer.

That One Guy · Mar 16, 2008

Phranquey said:
Not to be rude, but I would politley tell them to "stuff it". I am not opposed to doing something like this, but under those conditions, no way.

I have to agree. You would not benefit from this at all. They would also own the rights to the photos if you are "hired" by them.

According to Title 17,201 (b):
Works Made for Hire. In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.

^^ I'm sure you were already aware of this.

If they do decide to grant you limited rights, be sure to get a signed agreement.

jols · Mar 16, 2008

I dont understand this thread.

You either wanna do a good deed or not?

So you have two choices

1. dont do it.

2. do it. have a blast. give them the pics and disc. go home . feel pleased with yourself. forget about it.
Maybe get some extra work from the 200 cards you gave out.

Seefutlung · Mar 16, 2008

... well I'm not a CPA or Tax Expert ... but I would think that unless you have an established photo biz going (either full or part time) ... then there wouldn't be anything to credit your donation against.

The organization should retain full rights to the images to do with what they please ... after all they are "sanctioning" you to take the photos. I would request/insist on a photo credit as part of the deal and your use (non-commercial use of course ... you cannot use the images for income ... promotion of oneself is not considered income).

Contrary to popular belief ... children do not have any more "right to privacy" than adults. If they are in a public arena, you can photograph them and display their image in a non-commercial manner without a release. Selling the photos from a web site is a commercial enterprise.

If you derived income from photography you can receive a tax deduction for donation your services.

Just be magnanimous and shoot the event and don't worry about getting something for yourself. If you place yourself and money above all else ... then don't shoot it.

Gary

Phranquey · Mar 16, 2008

Just be magnanimous and shot the event and don't worry about getting something for yourself. If you place yourself and money above all else ... then don't shoot it.

Sorry, but this is more a matter of sheer principle. For someone to ask me to donate my time & skill, and then TELL me how the products of such will and will not be used.....

Seefutlung · Mar 16, 2008

Phranquey said:
Sorry, but this is more a matter of sheer principle. For someone to ask me to donate my time & skill, and then TELL me how the products of such will and will not be used.....

Principle oh Please ... is is a charitable organization ... you are just taking some photos ... if not you then someone else. If there is a shot(s) you don't want them to use ... then don't give it to them. This isn't worth arguing about, I'm out of here.

Reel1 · Mar 16, 2008

jols said:
I dont understand this thread.

You either wanna do a good deed or not?

So you have two choices

1. dont do it.

2. do it. have a blast. give them the pics and disc. go home . feel pleased with yourself. forget about it.
Maybe get some extra work from the 200 cards you gave out.

well said

Tennessee Landscape · Mar 16, 2008

For those who commented as such, this is not a matter of personaly benefitting from a charitable organization. I am still, after continued discussion with these folks being told I cannot use any photos I take for any personal use. They said that they have waivers signed for the children so that they can use the photos, but that it does not extend use of the photos to the photographer. This will not be the first free photoshoot I've done for this group, and likely not the last. I just feel a bit slighted here since this will be much much bigger ( three day event ) than anything I've done for them up to this point ( a building under construction ). They want to put these pictures everywhere, and I don't get poop from it. Yeah yeah, word of mouth maybe pass out my number to a bunch of crumb crunchers that parents will want me to do portraits of.....and I can't because I don't have the gear to do so. ( strobes and all that jazz ).....really I doubt that anyway, these will be poor kids who live in poverty. Thus the charity event.....Again, non of which I'm opposed to. I'm a giving person for the most part.

Yes, I know it's good experience, a good deed..... I'm just looking for a bit break here to get my foot in the door and hopefully on my way to making a little money. I sure would like to at least buy some more equipment. That 50mm f1.4, 85mm f1.8, 70-200mm f2.8, a couple SB-800's, a light meter, and a three piece light set sure would be nice to have.