From Copyright to Contracts

Transcription

1 Thomas Maddrey // Maddrey PLLC From Copyright to Contracts A Photographer s Legal Guide

2 Only one thing is impossible for God: to find any sense in any copyright law on the planet Mark Twain

3 About Me

4 Thomas Maddrey Commercial photographer for over a decade (even attended SPE conference before!!) SMU Dedman School of Law Graduate Currently work at Maddrey PLLC in Dallas

5 Disclaimers (sigh lawyers) Our talk today is general in nature based on my experience as a photographer and attorney I highly recommend that you seek the services of a licensed attorney with any specific questions you may have Nothing I say should be construed as specific legal advice for your particular situation. That being said

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7 Our Agenda Copyright Creating Protect Law // The Basics Your Business Yourself Resources

8 Copyright Law // The Basics

9 Four Pillars of Copyright The Most Important Rule Register By Regularly The Numbers Infringed? What Now??

10 The Most Important Rule of Copyright

11 The SECOND you take a photograph, you have created, and now own, a copyright in that image. There is NOTHING you have to do to obtain copyright, the mere act of pressing the shutter does it for you.

12 Register Regularly To obtain FULL copyright protection (including the ability to bring suit) you must register your copyright with the US Copyright Office Registering is easy Gather your (published) images Go to Fill out the online application Pay your fee (currently $65 / 750 images) Wait

13 By The Numbers Copyright Duration // Creator s Life + 70 years Cost to Register Up to 750 Photos // $65 Cost to Expedite Registration // $865 Time to Receive Copyright from Copyright Office // up to 8 months

14 Infringed? What now?? Infringement? Think about your options Documentation is your friend Send a letter Engage a lawyer

15 Creating Your Business

16 Steps to Creating Your Business in Texas Choose a Business Type Register Don t With The State Forget Taxes! Employee Considerations

17 Choose Your Business Type Sole Proprietorship Partnership (GP, LP, LLP) Corporation LLC

18 Register With The State Depending on the business model you choose, you have different levels of state involvement Sole proprietorships have the least number of hurdles Corporations have the most The more hurdles, the more protections (generally)

19 Taxes! Taxes! Taxes! Basic income tax is tied to business model Beware of double taxation Texas taxes include: Sales tax Franchise tax General Rule: Get a CPA!

20 Employee Considerations If you are a sole proprietor you won t have any employees If you are a LLC or corporation, even of one, you are an employee Register with state, be aware of rules and requirements Employees v. Independent Contractors Don t get caught in this trap!!

21 Insurance // Why It Matters Insurance is a very important part of your business Cover your equipment Cover yourself Look for insurance through member organizations like ASMP and PPA

22 Contracts // The Basics

23 Three Parts Offer Acceptance Consideration

24 Three Parts (cont.) Offer is fairly straightforward: I will pay you A for B Acceptance is as well: I agree but Changing the terms is a counteroffer NOT an acceptance Consideration can be tricky Think value Gratuitous promises are NOT consideration Nominal consideration is not always consideration

25 Two Types of Contracts Express Implied

26 Things That Need to Be In Your Contracts Date of the agreement Identification of the parties Description of either the product being sold, OR, service being performed The price Signature of the parties (both is preferable, party being charged is mandatory)

27 EXAMPLE: November 23rd, 2014 This agreement between Tom Maddrey Images, represented by Tom Maddrey, and XYZ Corporation is as follows: Tom will give XYZ three (3) printed images on matte paper measuring 24x36 inches, unframed, unmatted, and XYZ will give Tom payment in the amount of $1, within 30 days of delivery of the images Tom Maddrey XYZ Corporation

28 IMPORTANT Always follow up phone calls and oral agreements with a contemporaneous writing i.e. .

29 Contracts That Don t Work Illegal Contracts Unconscionable Contracts Contracts Subject to Incapacity

30 Resources

31 Resources Books The Law (in Plain English) for Photographers // Leonard D. DuBoff ASMP Professional Business Practices for Photographers Organizations American Society of Media Photographers // Professional Photographers of America // Journal Articles Photography, Creators, and the Changing Needs of Copyright Law - TBM 16 SMU Sci. & Tech. L. Rev. 501

32 How To Contact Me Thomas Maddrey // Maddrey PLLC 214/ This presentation can be downloaded from my website at:

33 Thank You