Charging for photos for the first time...

Magellan · Oct 12, 2011

Disclaimer: I'm not a "photographer", per se. Nor do I own a business. For now, I'm just a guy with a good camera who knows how to use it, and has a passion for taking photos. I understand that photography is an extremely tough business to get into, and owning a business takes an incredible amount of commitment. Likewise, I know I'm not ready to go there yet. But I do want to start selling photos, because I feel I can. That said, I have a lot of questions around how to go about that.

First question...do I need to start an LLC (or similar) in order to legally charge for my photos? Will I need to address things such as liability insurance, or include any income from photos I sell when I file (personal) taxes? Again, this won't be a business for me, and I won't be making a lot of money...I'm not planning on quitting my day job any time soon, I just want to have fun taking photos and make some money on the side if I can.

Second question...what should I charge for high res images? I don't plan on charging for time spent (that seems kind of over the top for someone who's not doing it as a profession), only for images. Is it a bad idea not to charge for photos right now, if I plan to in the future? Currently I'm "marketing" myself as a photography student who is building a portfolio. So, in the short term, I had planned on basically giving my photos away (albeit watermarked with my name and website). The only thing I would ask is that if people like my photos, spread my name around, with the understanding that I may be a "student" right now, but that will change.

Third question...do I need to have buyers sign contracts (in relation to copyright, etc.)? I mostly take photos of local bands, and other local events. I want said bands to be able to post my photos wherever they like, even use them for publicity...but I want them to be required to notify me when they do use my photos, and I want to retain copyright. How should I address that?

Although I don't want to start a business yet, I feel it prudent to look at this from a business (and legal) perspective, in case I ever do. Thanks all for any help...I've read a LOT of good information on this site in regards to the photography business, but so far nothing that clearly answered my questions.

Big Mike · Oct 12, 2011

First question...do I need to start an LLC (or similar) in order to legally charge for my photos? Will I need to address things such as liability insurance, or include any income from photos I sell when I file (personal) taxes? Again, this won't be a business for me, and I won't be making a lot of money...I'm not planning on quitting my day job any time soon, I just want to have fun taking photos and make some money on the side if I can.

Your best bet would be to ask an 'expert' in your area (Denver). That might be an accountant, a lawyer or maybe someone at your city's office who deals with small business licensing & regulation.

Second question...what should I charge for high res images? I don't plan on charging for time spent (that seems kind of over the top for someone who's not doing it as a profession), only for images. Is it a bad idea not to charge for photos right now, if I plan to in the future? Currently I'm "marketing" myself as a photography student who is building a portfolio. So, in the short term, I had planned on basically giving my photos away (albeit watermarked with my name and website). The only thing I would ask is that if people like my photos, spread my name around, with the understanding that I may be a "student" right now, but that will change.

Third question...do I need to have buyers sign contracts (in relation to copyright, etc.)? I mostly take photos of local bands, and other local events. I want said bands to be able to post my photos wherever they like, even use them for publicity...but I want them to be required to notify me when they do use my photos, and I want to retain copyright. How should I address that?

When you give/sell someone digital images, you should be outlining what rights (if any) you are giving/selling along with them. If you just hand over digital images, they technically don't have any right to use/copy them.
When you take the photo, you immediately own the copyright and you can choose to give/sell part or all of those rights to your client. For example, you may give them the right to make prints and/or to use the photos as they please...but with the stipulation that you be notified/credited etc.
They key is to have a good contract in place....and to educate the client. Most people thing that if you hand over a disc of digital images, they can do anything they want with them. Heck, some people will do whatever they want, even if they do know that it's illegal to do so, without your consent.

Magellan · Oct 12, 2011

Thanks! I actually know someone who has set up an LLC here, so I'll ask him about that process. Maybe he'll know who might be able to tell me more about Colorado law regarding supplemental income.

As for a contract...is that something I can draw up myself, or should I consider having a lawyer do it? It's easy enough to write down what I do or don't want "clients" to do with the images I give / sell them, and then having them sign to agree. But I don't know anything about what would actually make that a legal, binding contract.

Big Mike · Oct 12, 2011

The best thing to do, would be to have a lawyer draw it up for you...but that's going to be expensive. It might be better to put it together yourself and just have a lawyer look it over. A good starting point may be other photographer's contracts.

LeftCoast · Oct 12, 2011

There are several on-line you can modify to your liking.

Photography Contract

CCericola · Oct 12, 2011

There are also books with accompanying CDs of photography contracts. Try Amazon. But after you change it to fit you have a lawyer look at it. It is a lot cheaper than having them draft one for you.

A man who represents himself has a fool for a lawyer.