The Law (in Plain English) for Photographers

by Leonard D. DuBoff, Sarah J. Tugman

Overview

The photographer's definitive business and legal resource is now completely updated and expanded. In this valuable guide, arts attorney Leonard DuBoff takes you step by step though all the legal aspects of the photography business. Here is expert advice for everything from contracts to trademarks, including government licenses, taxes, censorship, the rights of privacy and publicity, leases and insurance, estate planning, and more. This latest, up-to-the minute edition pays special attention to the legal challenges that have been brought about by digital cameras and the Internet. With the important legal advice found in this guide, you'll save thousands of dollars in attorney feesand find expert legal assistance when you need it the most.

Product Details

ISBN-13:	9781621536772
Publisher:	Allworth
Publication date:	01/14/2020
Series:	In Plain English
Edition description:	4th Edition
Pages:	264
Sales rank:	1,095,578
Product dimensions:	5.90(w) x 8.90(h) x 0.80(d)

About the Author

Leonard D. DuBoff is the founder of the DuBoff Law Group, PC. He graduated magna cum laude from Hofstra University with a degree in engineering and summa cum laude from Brooklyn Law School, where he was the research editor of the Brooklyn Law Review. He was a professor of law for almost a quarter of a century, teaching first at Stanford Law School and then at Lewis & Clark Law School in Portland, Oregon. He lives in Portland, Oregon.

Sarah J. Tugman graduated from Mount Holyoke College in South Hadley, Massachusetts, and magna cum laude from Lewis & Clark Law School in Portland, Oregon. She has maintained a private civil practice for the past thirty-three years in Anchorage, Alaska, and she is of counsel to the DuBoff Law Group. She is the coauthor, with Leonard D. DuBoff, of several books in the Law (in Plain English)® series. She lives in Lincoln City, Oregon.

Table of Contents

Acknowledgments ix

Foreword Marybeth Peters x

Introduction xi

Chapter 1 Intellectual Property 1

Copyright Law 1

Trademark Law 40

Moral Rights 41

Trade Secret Law 42

Chapter 2 Defamation and Libel 45

Actionable Libel 47

Publication 51

Who Can Sue for Libel? 51

Defenses to Libel 53

Protection against Defamation Suits 62

Chapter 3 The Bights of Privacy and Publicity 65

Intrusion upon Another's Seclusion 67

Public Disclosure of Private Facts 70

Portrayal of Another in a False Light 75

Commercial Appropriation of Another's Name or Likeness 77

Releases 81

Chapter 4 Censorship and Obscenity 87

Prior Restraint 87

Obscenity 92

Obscenity and Privacy in the Internet Age 98

Informal Censorship 102

Predicting Liability 103

Other Censorship Problems 103

Chapter 5 Governmental Licenses and Restrictions on Photographing Public Places and Private Property 105

Licensing 105

Restrictions on Photographers 106

Courtroom Proceedings 110

Restrictions on Photographing Private Property 112

Chapter 6 Organizing as a Business 117

The American Dream: Sole Proprietorship 118

Partnership 118

The Corporation 122

The S Corporation 125

Limited Liability Companies 126

The Tax Consequences of Business Organization 127

The 2017 Tax Cut and Jobs Act Deduction for "Pass Through" Income 129

Taxation of Employee Compensation and Benefits 130

Chapter 7 Taxes to Be Aware Of and Some Ways to Keep Them Low 135

Recordkeeping 135

Qualifying for Business Deductions 136

Deductible Expenses 138

Spreading Income among Family Members 143

Capital Gains 144

Other Taxes 146

Chapter 8 Tax Deductions for the Office at Home 149

Exclusive and Regular Use as Your Principal Place of Business 150

Exclusive and Regular Use as a Place to Meet Clients or Customers 152

Separate Structure 152

Storage of Inventory or Product Samples 153

Determining the Deduction 153

Chapter 9 What to Knew about leases 157

Description of Property 157

Cost 158

Length of the Lease 158

Restrictions to Watch Out For 159

Remodeling and Utilities 160

Security 161

Deliveries 161

Insurance Coverage in the Lease 161

Security Deposits 162

Late Rent 162

Get It in Writing 162

Chapter 10 What to Know about Insurance 165

What Is Insurance? 166

The Contract 167

Types of Insurance 171

What and When to Insure 173

What to Do If You Are Sued 174

Finding the Right Insurance 175

Chapter 11 Contracts and Remedies 177

What Is a Contract? 177

Types of Contracts 178

Questionable Contracts 187

What Happens When the Terms of a Contract Are Disputed or Unenforceable? 193

What Happens When a Contract Is Breached? 196

The Assignment Agreement 201

Chapter 12 Stock Photography 205

Contracting with a Stock Vendor 207

Chapter 13 The Photographer's Estate 209

The Will 209

Intestate Distributions 212

Distributions to a Spouse Left Out Of the Will 213

Distributing Property Outside the Will 213

Trusts 215

Estate Taxes 218

Professional Estate Planning 221

Chapter 14 How to Find a Lawyer and an Accountant 223

Finding and Evaluating a Lawyer 224

Using a Lawyer 225

Finding an Accountant 226

Appendix A Books and Resources 227

Appendix B Organizations That Offer Help 231

About the Authors 239

Index 240

Editorial Reviews

If you’re a professional photographer, you must own this book. It’s as much a basic and valuable tool as your light meter. Leonard D. DuBoff’s The Law (in Plain English)® for Photographers will help you avoid some legal pitfalls, answer many legal questions about your business, and intelligently inform you how to deal with your own legal counsel (something hard to avoid these days). Professor DuBoff says, ‘Most legal problems cost more to solve or defend than it would have cost to prevent their occurrences in the first place.’ That’s the bottom line. By reading this thoughtful and informative work you can practice what DuBoff preaches.” —David Hume Kennerly, Pulitzer Prize winner, former White House photographer, University of Arizona presidential scholar

“A must read for any photographer! The Law (in Plain English)® for Photographers provides photographers with the guidance and necessary tools to protect their copyrights and manage a photo business in this Wild West digital age.” —Carr Clifton, nature photographer, winner of the International Color Awards and Theodore Roosevelt Association Founders Medal

“Leonard DuBoff is a master at demystifying the legal issues faced daily by professional photographers. From setting up a business to drafting licenses, analyzing agreements, registering your work, the rights of privacy and publicity, work made-for hire, and much more, The Law (in Plain English)® for Photographers is an essential reference and should be on the desk of every photographer.” —Jeff Sedlik, advocacy committee, American Photographic Artists

“The Law (in Plain English)® for Photographers is a must-own and must-read for anyone considering a career as a professional photographer or for one with a career already underway. Authors Leonard D. DuBoff and Sarah J. Tugman have used their experience as lawyers to provide a survey of the key areas of law that are most relevant to photographers. Drawing on individual cases, and writing in clear, vivid language, they connect examples of key matters of law and legal decisions so readers can better understand how the law works and why it matters to working professional photographers. Their sweep of topics is very valuable, ranging from intellectual property protection to all the things one must do for business formation, legally, as well as the contracts and releases necessary to effectively run a business. As such, they produce a very clear roadmap to follow for understanding the key legal issues likely to be impactful to a photographer. For example, the chapters on rights of publicity and privacy, along with defamation and libel, are most useful as references to clearly delineate legal minefields to avoid. I also very much appreciated the way they explained how the law would affect a career at every stage from launching a business to end-of-life estate planning for one’s archive. That thoroughness is a gift that makes this book such a valuable reference work.” —Tom Kennedy, executive director, American Society of Media Photographers

“Because everyone is stealing images off the internet today and seems completely ignorant of copyright law, it is more important than ever for photographers to understand copyright issues. This book covers all of that, as well the legal essentials for photographers to protect themselves and their businesses, and should be in every photographer’s library.” ―Peter Bussian, photographer, filmmaker, media consultant, and author of Passage to Afghanistan

“A few years ago Leonard DuBoff represented me and my photography firm when I had a copyright case with a large casino conglomerate. We were able to settle the case in my favor and I am forever grateful to Leonard and his team. This book of his, The Law (in Plain English)® for Photographers, has been a valuable resource ever since. The content and information within the book has served as a way to educate my clients in the laws regarding copyright issues and has allowed me to pave a smooth path in resolving conflict and disagreements about photographers’ rights regarding ownership of original works. I highly recommend this book as a way to save time and money—and peace of mind—when discussing copyright law.” —Jeff Dow, commercial photographer

From the Publisher

A straightforward look at the legal issues faced by professional photographers.

Light and Shade

THE LAW ( IN PLAIN ENGLISH) FOR PHOTOGRAPHERS is a complete discussion of the legal and business issues of everyday concern in professional photography.

PhotoStockNotes

The revised edition of a guide that explains aspects of U.S. law applicable to the practice of professional photography. Legislative and case law is explained in the areas of intellectual property, defamation and libel, rights of privacy and publicity, censorship and obscenity, restrictions of photographing public places and private property, organizing as a business, tax deductions for the home office, leases and insurance, contracts and remedies, dealing with agents, estate planning, and lawyer selection. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Booknews