Recently in Legal Category

Dear PPA Member,

Legal, schmegal. Who needs the extra hassle of paperwork and signatures? You have clients and you know that they're going to pay you, right? They said they'd pay you, right? They told you the date and where you're supposed to be, right?

Wrong.

Contracts and releases and agreements exist for many reasons, but the main reason you need to have them in your business is to protect...you. I don't think you'd buy or sell a house without having something legally in writing. Buying a house is an investment. Buying your services as a professional photographer is an investment, too, so treat it as such!

This week's Vital Signs will show you what should be in your legal kit. You may not use everything in your kit, but it's worth putting one together...just in case. After all, they said they'd pay you, right?

Cheers!
Christel Aprigliano
Director of Member Value & Experience

Dear PPA Member,

When I was a kid, the bank teller gave my mother cash and me a lollipop. It used to be that if you wanted money, you waited in line, waited at the bank window, then waited for the money to be counted out. I waited because there was the promise of sugar on a stick if I was good, but my mother waited because there were no ATMs.

Now? My bank is halfway across the country. If I want to deposit a check, I take a picture of it on my iPhone and it's deposited. It's all electronic transfers and debit cards. No bank tellers. Welcome to the Information Age.

The Internet has changed the way we live, work and do business. Need a contract signed, but don't have the person sitting in the same room? Electronic signature to the rescue! That's what this week's Vital Signs (delivered to you electronically) covers.

Still, technology is both a blessing and a bane. It can make our transactions faster and simpler, but until I can get my computer to hand me a lollipop as a reward for being patient, it doesn't take the place of human interaction...yet.

Cheers!
Christel Aprigliano
Director of Member Value & Experience

Dear PPA Member,

Growing up, I spent a lot of my summers at the beach. My parents loved being there because I had a lot of energy as a child (a LOT of energy), and I could run around and around until I was exhausted. I loved digging holes to the other side of the world and trying to bury my brother in those holes. Thankfully, I never got into any trouble (at least not at the beach). Then again, I didn't need a permit.

As a professional photographer, you may not get off the hook quite as easily. When on public lands, there is the possibility that you may need a permit in order to lawfully photograph at that location. Whether it's a national park or the local beach, there may be rules and regulations that you need to follow before ever capturing an image.

Since the permit puzzle can be confusing at times, it helps to know where to start. This week's Vital Signs helps you plan ahead for your photography permits. Knowing why you need a permit, where you need a permit and who to contact for permits can help save time and headaches down the road. Don't dig yourself into a hole!

Cheers,
Christel Aprigliano
PPA's Director of Member Value & Experience

Dear PPA Member,

When I was seventeen, I knew everything. (Please, take a moment to stop laughing before you continue reading this.) I wanted to be treated like an adult, but as I was still a minor, I had to have my parents involved in those pesky little legal contracts and model releases...which I thought were stupid and useless.

Years later, I know now that I don't know everything, and I'm glad that adults and the legal system watch out for minors. Photographers need to know the ins and outs of those "pesky little legal contracts" when it comes to senior photography (or any kind of photography), in order to stay successful and in business. This week's Vital Signs can help, and it even covers sticky situations involving divorced parents and non-custodial guardianship arrangements. 

Turns out that those legal forms are there for a reason and can actually help you out (who would've thought?).

Cheers,
Christel Aprigliano
Director of Member Value & Experience

Google has proven itself to be no friend to professional photographers, and Professional Photographers of America (PPA) along with four other associations has decided it is time to go to battle against the behemoth infringer. PPA joined four other photographic trade and visual arts associations in filing a class action copyright infringement suit against Google Inc. in the U.S. District Court for the Southern District of New York.

The suit filed this morning by Mischcon de Reya New York LLP, relates to Google's illegal scanning of millions of books and other publications containing copyrighted images and displaying them to the public without regard to the rights of the visual creators whose work is represented.

Read the full article here.

On March 23, Professional Photographers of America's (PPA) Board of Directors visited with senators and members of the U.S. House of Representatives on Capitol Hill to deliver two messages:

• Photographers require strong copyright laws to protect their livelihood.
• As small business owners, photographers need access to quality and affordable health care to protect themselves, their families and employees.

PPA regularly voices photographers' concerns on both of these fronts. This advocacy trip to Capitol Hill was an opportunity to give legislators insight on what it means to be a professional photographer in today's world.

"It was refreshing to see how receptive congressional staff was in listening to us explain the daily challenges we face as both photographers and business owners," said 2010-2011 PPA President Louis Tonsmeire. "I definitely encourage PPA members to personally express comments and concerns with their legislators--about anything from copyright laws to business issues--just as we did. After all, they're on Capitol Hill to work hard for you."

Timing of this visit did coincide with President Obama's signing of H.R. 3590 - The Patient Protection and Affordable Care Act. This did not significantly impact our message concerning health care, as the H.R. 4872 - Health Care and Education Affordability Reconciliation Act of 2010 (the bill that merges both the House and Senate versions of health reform) was not passed by the Senate at that time.

"The timing of was coincidental, but it was good to be on the Hill while the health care discussion unfolded. We were delighted to have our board members on Capitol Hill to witness this process," commented PPA Chief Executive Officer David Trust. "It remains to be seen whether the new legislation will help or hurt small business."

The board's trip was also on the eve of the Office of the Intellectual Property Enforcement Coordinator's (OIPEC) final day to submit comments concerning existing IP enforcement mechanisms, the economic impact of copyright infringement, and recommendations for executing their strategic plan. PPA joined its allied organizations in the Alliance of Visual Artists (AVA) and fellow photographic trade association American Society of Media Photographers (ASMP) in preparing comments to be received by Intellectual Property Enforcement Coordinator Victoria Espinel.

"Having our board members add testimonials about copyright infringement from a real-world perspective adds to the message we normally give on Capitol Hill," said Trust. "It was our firsthand way of showing that copyright infringement is a battle fought across all creative industries."
 

To be more proactive in stopping scammers from reaching Professional Photographers of America (PPA) members, PPA has created a moderation queue for the Find-a-Photographer database. With Find-a-Photographer, consumers have the opportunity to "E-mail this photographer." The new moderation queue will help us eliminate e-mails that come from people misusing this privilege.

All attempts to contact members through the online Find-a-Photographer will now come first to PPA staff moderators, who will then approve or reject the message if it appears to be a scam. This will be done on a daily basis. Thanks to this new feature, most of the fraudulent opportunities and scams coming through PPA.com should be eliminated.

Please note: this won't stop individuals from searching for a photographer's website and contacting that photographer directly.

Dear PPA Member,

Be prepared. Yes, that's the Boy Scout motto, but it should be the professional photographer's motto, too.

Owning a business means that when things go wrong, you are the one clients turn to for a quick fix. But can you plan for the unforeseen? No one plans for their camera--only a few months old--to go kaput. No one expects a car to break down on the way to a shoot. No one wants to imagine a client breaking a leg after tripping on your stone garden path.

Do you know what insurance or other types of protection programs you need for each of those situations? This week's Vital Signs touches on those answers. There are so many different programs and policies you need to consider for protection as a professional photographer, especially when normal insurance cannot help.

Hopefully, this article will help you better understand the ways you can be prepared. Here's to a successful (and safe) business!

Cheers,
Christel Aprigliano
Director of Membership

Several years ago, most didn't think twice about burning a copy of a CD or downloading songs off peer-to-peer file sharing sites. Then, the artists and music industry spoke out. More importantly, they increased public education about breaking copyright laws. Now, even DVDs tend to have a "commercial" before the movie that refers to such actions as stealing.

That kind of combined education sends a loud message...and that's the kind of education that can help protect your images from client copyright infringement. This week's article touches on how to begin such copyright education yourself (to both clients and photo retailers). Next week, you'll learn about PPA's shiny new Retail Compliance Network (RECON Program) and how you can be a part of that education.

PPA is always searching for the best way to help you protect your copyrights. Infringements won't disappear instantly, but each educational step can help strengthen your rights and your clients' awareness of them.

Cheers,
Christel Aprigliano
Director of Membership

P.S. Stay tuned for next week's Vital Signs article (May 14). You'll learn more about the revamped Retail Compliance Network--our RECON program--where you can help investigate photo retailers to improve their compliance with copyright laws.

Yesterday (April 16), Facebook's new Terms of Service (TOS) statement was opened for voting. This new document is an improvement over Facebook's existing TOS and the impromptu change made earlier this year.
 
Take a look at the statement and voice your opinion with a vote. After all, even if you don't use Facebook all that much, some (or most) of your clients do! But you better vote quickly--the voting period closes April 23. (You must have a Facebook account to vote.)
 
Read Facebook's TOS here: http://www.facebook.com/topic.php?uid=67758697570&topic=7569.
Vote on the Facebook TOS here: http://blog.facebook.com/blog.php?post=76815337130.
 
Click here to learn more.