The Law (in Plain English) for Photographers

The Law (in Plain English) for Photographers

by Leonard D. DuBoff, Sarah J. Tugman

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Overview

“If you’re a professional photographer, you must own this book.” —David Hume Kennerly, Pulitzer Prize winner, former White House photographer, University of Arizona presidential scholar

The All-in-One Resource for Photographers at All Levels


In The Law (in Plain English)® for Photographers, Leonard D. DuBoff and Sarah J. Tugman walk readers through the legal landscape of the photography business. In easy-to-understand terms and with plenty of examples, this comprehensive resource covers everything from organizing a business to privacy rights to copyright questions. Clearly outlined chapters will help readers to:

  • Comprehend intellectual property laws
  • ​Identify defamation and libel
  • Distinguish rights of privacy and publicity
  • Navigate censorship and obscenity rules
  • Understand photo licenses and restrictions
  • Organize a photography business
  • Draft strong contracts and resolve disputes
  • Properly file taxes and take advantage of deductions
  • Select and utilize insurance plans
  • Prepare an estate plan
To master the legal side of the business, all photographers need to have this essential guide in their libraries.

Product Details

ISBN-13: 9781621536772
Publisher: Allworth
Publication date: 01/14/2020
Series: In Plain English
Edition description: 4th Edition
Pages: 264
Sales rank: 1,244,175
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

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