Photo/design studio legal entity
Joined: Sep 2006
Posts: 5,237
Likes: 6
From: Lincoln, NE
Photo/design studio legal entity
Sure there are photographic forums for this, but I like the MINI community.
So I wanted to ask all the amateur, semi-pro, and professional photographers/artists on here, was there any special steps you took to establish a photo/design... company, for lack of a better word, as a legal entity? For instance, the name of your design studio, or simply your name as a water mark on the photo. Gotta protect my creations. As I get more into art and photography, I think it wise to look into. Might even start to use my Deviant Art account.
So I wanted to ask all the amateur, semi-pro, and professional photographers/artists on here, was there any special steps you took to establish a photo/design... company, for lack of a better word, as a legal entity? For instance, the name of your design studio, or simply your name as a water mark on the photo. Gotta protect my creations. As I get more into art and photography, I think it wise to look into. Might even start to use my Deviant Art account.
Well anything you shoot or create you can claim rights to, so if someone happened to try to steal it you just prove them that its yours and usually they will back down real fast. Have you looked into creating an LLC? Limited Liability Corporations are great for protecting you personally if someone tries to go after you on business terms or what not. They are fairly cheap and simple to start I'm pretty sure, and don't create too many tax hassles.
My dad has a few for tax/assets purposes and my friends have created them for their freelance design and photography businesses. I'll definitely establish my own company in the future but right now I don't do much volume and I'm more focused on personal works and developments than trying to make as much money as possible.
My dad has a few for tax/assets purposes and my friends have created them for their freelance design and photography businesses. I'll definitely establish my own company in the future but right now I don't do much volume and I'm more focused on personal works and developments than trying to make as much money as possible.
All you have to do is watermark the pic's with your name and you are covered. If you want to set up your own company, check with a local accountant for the best options for your circumstances. Many, many different options are available.
Get a lawyer and an accountant, write a business plan and incorporate as an llc (USA) or Inc (Canada).
There's no point doing it for fun. Do it once. Do it right. There are major tax benefits as well.
There's no point doing it for fun. Do it once. Do it right. There are major tax benefits as well.
Be sure to embed the metadata into the photo including copyright, name and contact information. It's a pretty simple thing to set up in PS of LR.
OK IMO the best thing for a photographer (tax and liability wise) is an S Corporation. Basically, you dont have to file taxes through the corp, you only file a tax REPORT. The income is still claimed through your personal taxes. And if something happens and you get sued, your personal assets are immune (they sue the corporation not you.) I really don't have the time to explain the whole run-down, but this is what most pros use.
A sole proprietor isn't bad either. They're easy to get into and out of and the taxes are simple (just claim income on your personal taxes,) but the liability is really high. Basically if someone sues you, you're screwed.
As far as copyrights go, unless you register your copyrights, there is no protection. LEGALLY you have a copyright as soon as you push the button, but it's soooooo hard for that to stand up in court. Especially if you're up against a big company with big lawyers.
I major in photography and have taken business classes and there is ALOT to this business. Any real photographer will tell you that their time is divided into 80% business and 20% photography. The best thing I can recommend you do if you really wanna learn is check out the ASMP site (www.asmp.org). They have alot of good resources that you can view without being a member. Being a member is great though, I've met alot of really great photographers through ASMP meetings and seminars. Also, when you sign up, you get their book on Business Practice which is pretty much the business bible for photography. The ASMP will also fight legal battles on your behalf if you're a member. Individual photographers cant take on big companies, but the organization can (and does regularly.)
A sole proprietor isn't bad either. They're easy to get into and out of and the taxes are simple (just claim income on your personal taxes,) but the liability is really high. Basically if someone sues you, you're screwed.
As far as copyrights go, unless you register your copyrights, there is no protection. LEGALLY you have a copyright as soon as you push the button, but it's soooooo hard for that to stand up in court. Especially if you're up against a big company with big lawyers.
I major in photography and have taken business classes and there is ALOT to this business. Any real photographer will tell you that their time is divided into 80% business and 20% photography. The best thing I can recommend you do if you really wanna learn is check out the ASMP site (www.asmp.org). They have alot of good resources that you can view without being a member. Being a member is great though, I've met alot of really great photographers through ASMP meetings and seminars. Also, when you sign up, you get their book on Business Practice which is pretty much the business bible for photography. The ASMP will also fight legal battles on your behalf if you're a member. Individual photographers cant take on big companies, but the organization can (and does regularly.)
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Joined: Sep 2006
Posts: 5,237
Likes: 6
From: Lincoln, NE
Excellent stuff, Johnny. I will take a look at the ASMP. I'm still very much an amateur, and don't see photography as a career, I was just curious, I guess. Thanks though.
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