Hobbyist or Small Business?

[Jeanelle]

I have tried to look on here for an answer to this but have not figured out how to do a search. I have a full time job, but also do some photography on the side. I want to keep everything on the up and up, but I can't really seem to find what I am looking for in the way of answers. I want to know if since I am taking some payment for my services if I have to consider myself a small business? Do I have to charge sales tax? I live in Kansas, and does anyone know what I need to do to keep myself out of any hot water? From what I can tell, the difference is that a business can report losses, and a hobbyist can make itemized deductions up to the amount that they earned. Anything else that I should know? As of right now I am not looking to start up a business, but maybe someday.

 

[Jeanelle]

I just want some general advice on what everyone does. What is the norm of what is done if you aren't doing it to run a business?

 

[BKMOOD]

You should probably talk to an accountant and/or an organization that deals with small businesses.

 

[Big Mike]

Yes...you best bet would be to talk to your local city/county government, to find out if you need any sort of business permit. They might be able to advise you on other things you need to do, but talking to an accountant or even a small business adviser at your bank, will be a good idea.

 

[tirediron]

That took about 30 seconds...

 

[Jeanelle]

I have an appointment with an accountant this coming week, thanks for all the advice guys. I feel a lot better with the guy that I am going to go see now, the first one I called they acted really belittling that I would want to come talk to them about this. I thought that maybe I was being stupid for trying to do that, so thank you all for giving me a bit of advice. I just wanted to make sure that I was heading in the right direction.

 

[Big Mike]

It will help if you are well prepared for your meeting....because they will likely have some questions to ask you, and if you don't know the answers, they won't be able to help you.

For example, what do you plan to charge for your services? How many jobs/gigs do you expect (per month on average)? In other words, have a business plan...or at least the start of one written down.
What portion of your residence will be dedicated to your business? For example, if you have a home office for your business, that can likely be a write-off, which may mean that a portion of your mortgage/rent/utilities etc. may also be written off, proportionally to how much you use them for your business.

 

[Y. A. PIX.]

I am starting an online photography business that should be up and running within the next couple days. Given that I have some spare days before the launch of the website, I am on here looking for advice. First let me give a website description:

The site is exclusively for young adults, age 13-21. This is simply because teens have to sign up on those other sites and compete to be recognized with those serious hobbyists or amatuers, or even pros. My site will allow them to sign up and build their own professional looking portfolio to share in any way they care to do so.

With that said - do I need specific disclaimers to keep me from getting in any kind of trouble? I am the only moderator and every picture submitted has to be approved through me first (to keep unwanted or risque pictures at bay). There will be an option to buy photos from my site as well, and there is a disclaimer when signing up that says all photos submitted are the property of the site and can be sold.

Any ideas/suggestions/advice are greatly welcomed.

Thanks,

 

[KmH]

Explore your possible liability/protections if any of those 13-21 year olds upload photos to your web site someone else owns the copyright to (copyright infringement).

For the US - www.copyright.gov

DMCA (Digital Millennium Copyright Act) Digital Millennium Copyright Act - Wikipedia, the free encyclopedia

International - Berne Convention for the Protection of Literary and Artistic Works: Berne Convention for the Protection of Literary and Artistic Works - Wikipedia, the free encyclopedia

 

[Y. A. PIX.]

Thanks, I am going to be looking at that information while my students write an essay

 

[orljustin]

all photos submitted are the property of the site and can be sold.

Really? You're claiming copyright of the images just because they are submitted? Perhaps you'd like to restate that.

Also, shall we assume you've into the legaltiy of entering into legal contracts dealing with money and things with people under 18?

I'm not sure why this market cannot make portfolios as they like at any other site that already does like. What do you think they are "competing" for with other people? A portfolio is for displaying your work, not for "competing".

 

[Bitter Jeweler]

With that said - do I need specific disclaimers to keep me from getting in any kind of trouble? I am the only moderator and every picture submitted has to be approved through me first (to keep unwanted or risque pictures at bay). There will be an option to buy photos from my site as well, and there is a disclaimer when signing up that says all photos submitted are the property of the site and can be sold.

Any ideas/suggestions/advice are greatly welcomed.

Thanks,

Fail.

 

[KmH]

all photos submitted are the property of the site and can be sold.

Really? You're claiming copyright of the images just because they are submitted? Perhaps you'd like to restate that.

A use license embedded in the TOS can grant the right for resale without a copyright transfer. Many photography contests do it.

But, it's pretty obvious Y. A. Pix has some, uh, flaws in their business model, and had no qualms hijacking someone else's thread.

 

[orljustin]

I think it's pretty obvious YA didn't really think through his new "business" much.

 

[Y. A. PIX.]

The business has not launched yet guys. So, that would be the purpose in throwing out what "plan", a.k.a. foundation of thoughts, I was attempting. Instead of a "fail" comment, or " I think it's pretty obvious YA didn't really think through his new "business" much", a simple suggestions, like I was asking for, would benefit. I am new to all of this, wish starting a business.
I am an English teacher at the moment that has always had a passion for photography. I am starting the site to encourage photography and promote creativity and constant learning (what I thought I would get on here).

Please, before you criticize, take some time to look at my concerns for the business and suggest/comment.

Also, studio 101 what does " [he] had no qualms hijacking someone else's thread" mean?