Looking to start a business

stevenf

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I currently own a landscaping business. My mom has been into photography for a few years and has gotten fairly good at it. She used to own a modeling studio and is farmiliar with all types of poses and portfolios. I am fairly knowledgable and self motivated in business management and marketing.
I have talked it over with her and we agree that we should start a business. I have a few quick questions that need to be answered before we get started.
1.) When taking pictures of induviduals, who owns the rights to it? Can the pictures be used on advertisements and website slideshows without there consent? I dont mean agaisnt there consist, I mean group gatherings and action sports photos.

2.) When I was in high school, we had a photography business come in for all homecomings, proms, yearbook, and banquet photos. Do these induviduals usually have some type of contract with the school? Does the school usually make a commision per head?

3.) are photos on our website considered a copyright issue to others only if our logo is on them?
 

SpeedTrap

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The owner of the images is determined by the contract they sign with the client, I believe in the USA the Photographer owns the rights.
As for Copyright, it is automatic on all images taken by the photographer in most cases.
 

KmH

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I currently own a landscaping business. My mom has been into photography for a few years and has gotten fairly good at it. She used to own a modeling studio and is farmiliar with all types of poses and portfolios. I am fairly knowledgable and self motivated in business management and marketing.
I have talked it over with her and we agree that we should start a business. I have a few quick questions that need to be answered before we get started.
1.) When taking pictures of induviduals, who owns the rights to it? Can the pictures be used on advertisements and website slideshows without there consent? I dont mean agaisnt there consist, I mean group gatherings and action sports photos.
The photographer owns the copyright. See www.copyright.gov The model owns the right to the use of their likeness for commercial purposes, until the model signs a properly executed release. Model release statutes vary by state.

What type of website a slideshow is displayed on (editorial or commercial) would determine if one needs permission (model release) of people in any of the slideshow images. The conditions under which the images were made would also have a bearing. The best practice is to consult with a qualified attorney, licensed to practice law in your state. It is a worst practice to rely on legal info solicited in an online photography forum.


2.) When I was in high school, we had a photography business come in for all homecomings, proms, yearbook, and banquet photos. Do these induviduals usually have some type of contract with the school? Does the school usually make a commision per head?
Yes, they have a contract, and there are usually kick-backs to the school. Ironically, in most other businesses such kick-backs are considered ethically and morally repugnant, and in many industries kick-backs are out right illegal. Again, have a qualified attorney check the situation in your state.


3.) are photos on our website considered a copyright issue to others only if our logo is on them?
No. See www.copyright.gov

I suggest reading: A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things
 

orljustin

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I currently own a landscaping business. My mom has been into photography for a few years and has gotten fairly good at it. She used to own a modeling studio and is farmiliar with all types of poses and portfolios. I am fairly knowledgable and self motivated in business management and marketing.
I have talked it over with her and we agree that we should start a business.

Why? You have a business. Your mom probably isn't as good a photographer as she or you thinks.

Anyways:
1. As mentioned, in most cases you hold copyright. No, you can't use images for commercial use without people's consent. Read up: Model Release Primer
2. You're not going to get any school contracts. Those are held tightly by national or large regional companies with good deals for the school and an experienced workflow.
3. Read up: U.S. Copyright Office - Frequently Asked Questions
 

ClickAddict

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Why? You have a business. Your mom probably isn't as good a photographer as she or you thinks....

Wow. You're a photographer who is probably so insecure you need to trash others to make yourself shine more in your own eyes since your photography is so poor...... oh wait. I haven't even seen your photography or ever spoken to you. So how would I know any of what I just said? I don't. You might be the next Adams for all I know. Point is you don't know how good of a photographer she is. Given she had a model business at one point leads me to think she would have been exposed to a fair amount of portrait work at least (more than the average mom) so I'd tend to think she would have an idea if her work is any good. But again. I don't know. Saying someone is probably not as good as they think is rather insulting especially having not seen their work.
 

LarissaPhotography

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The one suggestion I would make about starting the new business is to do it in your spare time while you keep your day job until you get your business well established. Even if you shoot amazing images, getting all the systems in place for your business to work properly will take some time.
 

CCericola

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I currently own a landscaping business. My mom has been into photography for a few years and has gotten fairly good at it. She used to own a modeling studio and is farmiliar with all types of poses and portfolios. I am fairly knowledgable and self motivated in business management and marketing.
I have talked it over with her and we agree that we should start a business. I have a few quick questions that need to be answered before we get started.
1.) When taking pictures of induviduals, who owns the rights to it? Can the pictures be used on advertisements and website slideshows without there consent? I dont mean agaisnt there consist, I mean group gatherings and action sports photos.

2.) When I was in high school, we had a photography business come in for all homecomings, proms, yearbook, and banquet photos. Do these induviduals usually have some type of contract with the school? Does the school usually make a commision per head?

3.) are photos on our website considered a copyright issue to others only if our logo is on them?

Hi Steve,

1. You own the copyright but you will need a model release. You really need to sit down with a lawyer to discuss things. If you can't afford one you can always look into legal aid from the SBA.

2. Public schools and parochial schools that get government funding have to have contracts (varies by state) Contracts are anywhere from 1 to 10 years. You also have to be PSPA certified. Even a small school can be a big job. If you are looking to go into school photography I would look to get a job with an exhisting school photography company first and learn the ropes.

3. Nope: U.S. Copyright Office
 

CCericola

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Oh I forgot. Not is all lost with schools. Lots of contracts do not include sports. If you can, contact the coaches about offering photos. It might be worth it.
 

orljustin

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Wow. You're a photographer who is probably so insecure you need to trash others to make yourself shine more in your own eyes since your photography is so poor...... oh wait. I haven't even seen your photography or ever spoken to you. So how would I know any of what I just said? I don't. You might be the next Adams for all I know. Point is you don't know how good of a photographer she is. Given she had a model business at one point leads me to think she would have been exposed to a fair amount of portrait work at least (more than the average mom) so I'd tend to think she would have an idea if her work is any good. But again. I don't know. Saying someone is probably not as good as they think is rather insulting especially having not seen their work.

Most internet posts that actually post samples of someone "who has gotten good at it", just show they have thrived mostly on comments from family and friends which are inevitably gushing, no matter the quality, which typically tends to be sub-par. Family and friends tend to be impressed if you can press a shutter button, let alone use multiple light sources, reflectors, etc.
 

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