starting a small photography business

[Bogo]

Thats one of the other things im concerned about. I dont know the ins and outs of the legal system regarding contracts and such. I have a general model release that I have had people sign so that I can use their images on a website or my flickr page or whatever, but all the legalities worry me. Is there a good site that I can do some reading on that differentiates contracts or explains the contracts I should be worried/aware of?

The problem with the advice (legal, or otherwise) that you get over the internet, is that it's, well, the internet.

You might consider having a brief (one hour -- ??) consultation with a lawyer in your area. They would be in a better position to offer you *real* advice on such matters.

There comes a time when it is best to let the experts do their thing (that's why they exist). Personally, legal matters, taxes, accounting, etc. are all prime candidates for hiring experts. IMO, it is usually money well spent.

Buy a copy of Business and Legal Forms for Photographers by Tad Crawford. This is part of the materials available from ASMP. It is not a replacement for personal legal advice, but photography and copyright are special areas of business law and not every attorney will be prepared to advise you on them. The book is available from all the big booksellers.

Most attorneys will not know.

Having said that. You need a model or property release for any photograph that will be used commercially unless it is a news event (whatever that truly means). Here is the kicker. If the photograph is for artistic use then you don't need a model release. So any photographs that are printed and go on the wall, or into art type books don't need a model or property release. Now here is a kicker, you better have a model and property releases for the photographs on the cover of a book as they are often used in advertising the book. That is a commercial use. What does that tell you? To me it means get the release if at all possible. News events are another no model release needed situation, but don't try to sell that photo for a commercial use like in advertising. A photo along with a news article, in a history book, or book of news photographs is fine. Commercial use, no, then you need the model release. What makes a news event, that can be a bit murky, but if there is another non event hired news photographer or reporter there working you can be pretty sure it is a news event. Tag all your photographs with source information and if there is a model and/or property release. This is important for how they can be used later. This is only a short and very incomplete introduction as to how various photographs can and can't be used.

As for copyright, unless you signed it away under contract it is yours. When you take photographs at a club, use your own contract that keeps the photograph copyrights as yours. Same goes for any other event. If somebody wants the copyrights, charge them through the nose for them. The studio I worked for in the early 80's charged at the minimum 10 times their normal daily rate of $2400 a day if the client wanted copyrights and some paid it.

 

[jnelson4x4taco]

Thanks for all the great feeback everyone, I appreciate the advice and guidance. This is super helpful for me and am sure it will be for anyone else who wants to try and make a few bucks taking pictures.

Snapture is out, there is an iPhone camera app with the same name, oh well.

As I said, my name is pretty common, Jeff Nelson, and I kind of want a somewhat unique name that will be easy to remember and easy to find online. Also, where do you guys suggest starting a website? ive looked at bludomain and smugmug mainly, as I know people with both and they seem happy. Do you have experience with either or can you suggest others?

 

[john101477]

unfortunately Jeff, websites like smugmug generally do not show you off as a professional photographer. A professional website should be a "insert name".com unfortunately these are not free.

 

[jnelson4x4taco]

From what I understand, smugmug's mid level membership allows you to use your own host name. I think I would be able to purchase a domain from godaddy.com and then use it with their templates. Im not 100% on that so maybe someone can chime in on that.

I agree with you on that though, John, I dont want it to be www.photosite.jnelsonphotos.com or something like that. I want it to be professional but i also want it to be fairly simple to do since i will be building and maintaining it myself.

 

[Dennis David]

There are some really good professional photographic websites that just use blog software like WordPress. That a look and don't get hung up on that. Having your own domain is not a big deal. Also there are photofinishers with plugins who will do your printing and shopping cart if you so desire. With a blog instead of using templates per se you are using themes and stylesheets that someone else has created. Here is an example of a blog: http://lens.blogs.nytimes.com/

I agree with Bogo. Natural light is best but sometimes it needs a little "help" carry a flash for fill-in and a collapsable reflector.

 

[jnelson4x4taco]

Ok im thinking "Full Nelson Photography" now, any comments on that?

 

[john101477]

ummm ??? ok lol very interesting name but hey the proof is in the puddling right?
An associate of mine used a photo reflex shop site attached to his yahoo template site (site builder) and it works well for him. I started to go that route and it just ended up frustrating me so I usually work it all myself. it does give me the opportunity to talk to the buyer and has helped turn $100 sales to 2 and $300 sales but then again you have to answer the effing phone all the time. it limits me horridly but for now it is what it is. I see a lot of flash sites. many i hate but some just really pop at you. Most pro sites use this.

 

[john101477]

sorry double posted

 

[Michael Slade]

I have been watching for several years now and michaelsladephotography.com just freed up. I bought it.

I think using your name is where it's at. Anything else sounds way cheesy. Look at anyone big in photography, they are all using their name. Just do it and don't worry about how it sounds.

I have no immediate plans for doing anything with the domain name, but I have it now and can start populating it with content from my other sites.

That might be my summer project...

 

[SeaRubi]

what he said! My wife and I hired Cheri Pearl in the past - she's an excellent photographer, and doesn't do studio shoots or rarely uses flash. Her brand is her name, and her business was built entirely through word of mouth and her skills.

http://cheripearl.com/

cheers
-ike

 

[jnelson4x4taco]

yeah i agree with you all, id love to just use my name as my business name but there is already someone in Denver by the same name so there would be too much confusion. I was kind of kidding with the Full Nelson thing but thats the road im going down

 

[mjm]

Jeff-NelsonPhotography.com

 

[LifeOverland]

I'm working on building my photography business now as well. I decided against using my name for a couple reasons, mainly it's HUGE and not easy to spell.
Pat Heidingsfelder
I went with Heid Photography, I'm going to be going live with a site in a few weeks. Currently I'm having a logo worked on, which I'd suggest having done professionally. I'm basing my business on the wedding market.

good luck!

 

[Photog]

If you want to do well, you need to take and sell photographs. This means you need clients, and you need to sell to them.

Learn how to market to the people you want to photograph. High school seniors, families, offroad clubs, kids, dogs, or whatever. Take a class in marketing, with your new business in mind.

A website can not sell photographs. YOU need to do that. Learn sales techniques. Read "The psychology or Persuasion". Very useful. Have large photographs or canvas' at the location you will be working with the clients (otherwise they will think an 8X10 is large). Get a website to show a few examples of your work, and to direct people to your phone number.

If you market well, provide a fun experience for the client, give them an incentive to recommned you, and provide a professional product, your business will grow faster than you can keep up.

If you plan to do portraits, then learn what good portrait lighting is. This type of lighting can be done outdoors, with assistants, flashes and reflectors. If you know what light you want and where you want to put it; this will control where you will place the client, when you are outdoors. Then you just have to deal with the background. Or, set up for the background, and deal with the lighting.

For pricing, we photographers need you to charge a normal rate (hourly and per photgraph). Your clients do not need to know that you are working part time to support your photography business. They should just see a professional photographer for the few hours they will be dealing with you.

You are selling an experience and photographs. If their house catches fire, they will be grabbing the portraits you created for them. Everything else is replacable. If they place that much value on them, you should too. Also, you should charge more than you can afford to pay. Your income level should not control the value of your products.

Join your state and local photography associations. This will connect you to the photography community around you. You can find out what the top photographers are charging, what they are providing to their clients, etc. I say "top photographers" because there will be photographers that are also starving and new (like you). You don't want to learn from them. They are not making it yet.

That is probably more than enough info. Sorry it was so long. :ylsmoke:

Edit: Corrected spelling and filled in a few words.

 

[jnelson4x4taco]

Sk8r- Best of luck to you, be sure to post up your site when its live, id love to take a look.

Photog- GREAT info, thanks a lot. I really appreciate your input and will surely be considering it as I move forward.

Im still stuck on a name, it seems like such a vital part since it will be the brand and how my work will be known but at the same time, its just a name and my work should speak for itself. Still struggling a bit but getting closer, I still appreciate all of your input, its hugely helpful.