Recently in Legal Category

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.

What happens to image licenses when those images are posted to a third-party site?

Facebook found itself in hot water in early February after stating it would continue to hold a usage license on artistic works posted to its pages after the owner of those works deleted them from the site or closed his account. A public outcry elicited a quick about-face from the company. The following day, Facebook issued a statement clearly articulating that its license to use posted images expires when users delete them from the site or close their account.

Dear PPA Member,

We all know it's difficult to educate clients about the importance of copyright. It used to be that if you retained the film negatives, you didn't have to worry about individuals claiming copyright to your work. But the Internet (and digital media) has changed all that. Copyright issues can even arise between your employees and you.

We often hear these types of questions: Can my employee (or former employee) or independent contractor use my images? They may have shot the image, but who owns it? How does a model release factor into usage rights for employees, former employees, and contractors? If you're not clear on these issues and how to document these rights to your advantage, you may find yourself without any rights to these images at all.

This week's article will help you ensure your rights are clear, which will help you in your business. And don't forget that PPA offers assistance through Copyright Inserts and other resources (available by download) as well as a full-time Copyright staff to help with your copyright infringement issues.

If you have additional questions about copyrights, model releases, or anything relating to employees, let us know. We believe that sharing information with all of our members will help us all succeed. Our goal is to provide you with education, protection, and resources to keep you in business--and we can't do it without your feedback!

Cheers,

Christel Aprigliano
Director of Membership

If you're an employer, there are numerous things you have to keep track of, from payroll and ethics to your customer's overall satisfaction...and the dreaded taxes.

Yes, taxes play a huge roll in all our lives. And as an employer, you have to ensure that you're handling not only your own taxes correctly, but also your employees'. If that wasn't difficult enough, don't forget that there are different tax requirements for independent contractors!

This week, we've compiled a list of tax filing requirements for both employees and independent contractors. While not as entertaining as learning a new posing technique, this information is vital to keep your business running smoothly and legally! After all, you shouldn't be spending all your time trying to figure out the maze of taxes. Your time is better spent marketing, photographing, selling, and improving your skills--all the things that can help your business weather rough situations.

PPA is here to give you the protection, education, and resources (like this) to do just that.

Cheers,

Christel Aprigliano
Director of Membership

If you own a business (or are headed there), there will come a time when you need some help. Tight as things are, you still can't do everything by yourself!

That's why we're offering this week's Vital Signs--an essential checklist of items you should know and be ready to deal with before you hire an employee or independent contractor. Yes, many of you already have an employee or two. If that is true in your case, think of this as a refresher. Is there anything you've forgotten to do in the rush to stay abreast of the situation? After all, you don't want to be caught in red tape when you need to be focusing all your efforts on bringing in clients and wowing them!

PPA will always help you remember your business responsibilities (and refine your business skills), so you can keep funding your artistic creativity. Together, we will come out even stronger.

Cheers,

Christel Aprigliano
Director of Membership

P.S. Stay tuned for more information about employees and independent contractors in future Vital Signs!

Dear PPA Member

Technology has made the ability to view and sell images much easier. Unfortunately, it also allows the general public to take images without permission (and in some cases, without payment) and display them online.

Our full-time Copyright & Government Affairs staff does an outstanding job advising members on how to handle such cases of online copyright infringement.

While every situation is unique (from senior clients scanning their favorite portrait to show their friends on Facebook to former commercial clients re-using images after their licensing agreement has ended), there are steps that all photographers can take when images are used without permission--and they're here in this week's article, Defending Yourself Online: Protect Your Images. If you're unfamiliar with what a DMCA takedown notice is--and how powerful it can be--this article is a must read!

PPA strives to help protect, educate, and provide you with the tools and resources to stay successful. We focus on giving you what you need, so you can focus on what's important: your business.

Cheers,
Christel Aprigliano
Director of Membership

P.S. If you're interested in a topic we haven't covered in our weekly Vital Signs newsletter (and think that it might interest other PPA members), please send me an e-mail at caprigliano@ppa.com .