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As I mentioned in my last post, this week is all about copyright here at Business Coach world headquarters. In my copyright Q&A post, I touched on the importance of copyright, but I’m gonna talk a lot more about it here.

Any meaningful discussion of copyright has to include the landscape where we live and do business. Specifically, we’re living in a culture of free where everyone expects any and all digital content to be free. Napster may have started it, but the ongoing internet boom just continues to feed the monster. Of late, Pinterest – which is the fastest growing social website ever – is based entirely on the concept of free photos distributed with or (mostly) without permission.

Now, you may forgive some old grandma in Peoria who pins a pretty photo of yours on the wall, but the same people who pin, Facebook, and Tweet whatever photos they may feel like in any given moment are the same people who have no problem doing the same when they show up for work in the morning. Just the other day I was talking with someone familiar with the inner workings of one of the biggest nightclubs in the world. The club’s marketing department swiped from the web a photo for use on their magazine ads, studio banners, website and so forth. We’re talking big money – but none for the photographer.

The reality is that we are all at some point going to get an email from a friend or client saying, “Hey isn’t that your photo being used over there?” The more visible our work, the more often we can expect to find out about unauthorized use. It’s not a question of if, but when. And when it does happen, you’re gonna be pissed off. Jumping mad. Someone stole from you and you don’t like it!

Then you’ll go on a photography forum asking about what to do and all the helpful souls will angrily tell you to take them to court and “Don’t let them get away with it!” Now as much as I agree with the sentiment, I’m sorry to say that you’ll most likely will let the perpetrators get away with it.

The reason why is because, although you own the copyright, the damages you can expect to collect are minimal if you haven’t actually registered the image prior to the infringement. It’s just not worth it to pursue the case, beyond just getting the thief to take the image down. Let’s break it down.

For images that are not registered, you’re entitled to collect:
- actual damages which generally translates to what you would have charged if they’d come to you beforehand
- profits from the use of the image. Unless they put your image on a t-shirt where you can easily discern how many units where sold and then charge accordingly, this is a tricky (and expensive) number to come up with.

For registered images, you’re entitled to collect:
- up to $150,000 in statutory damages
- attorney’s fees

It’s time for some math. Let’s assume that a corporate thief knowingly takes an image from your website and runs it for three months on their ecommerce website. Here’s what you stand to gain and to lose from attempting to collect:

No registration:
- Collect use fee of $350
- Pay attorney’s fees of $5,000 to $20,000 depending upon how far you take this. Most attorney’s will charge in the $300 – $500 range just to write a letter.

With registration:
- Collect $15,000 to $30,000 (could be more or less depending upon the circumstances)
- Pay no attorney’s fees since these will be covered by the defense or by a portion of any settlement

Without registration, there’s zero incentive for you to pursue the matter since it’s just going to cost you money with no hope of getting it back. With registration, it’s “Let’s take the SOB down” all the way!

My message here is if you want to empower yourself when the inevitable happens, you have to do it now. If you wait to register your images until after you discover a copyright violation , that’s like locking the door after the thief has already made off with your camera gear. It’s just too late.

My next post is going to cover exactly how to register you images and will include a special, can’t-pass-up-this offer to entice you to actually fill out the form and make registration a reality.

John Mireles

This week is official Copyright Week here at the Photographer’s Business Coach. Now I know that copyright is one of those terms that we all hear about and sometimes talk about, but from hearing the questions that photographers ask, it’s clear that most have no clue about copyright. I have to admit that I’m even stymied by some of the basics of copyright registration and such. It’s easy to get confused, but I’m hoping that together we’ll learn more about this subject that’s become especially important in this day where copyright violation has become the norm.

So here goes, a quickie little Q&A that I’ve come up with on the basics of copyright according to US law. (Other countries based upon English common law – such as Canada – share much with US law, but it’s not identical so much of what I say here may not apply to those in other countries.)

What is Copyright?
First, it’s copyright – not copywrite. Copyright is just as the name implies: it’s the right to control if and/or how a photograph (or any protected work) can be “copied” or reproduced.

Where does copyright come from?
Copyright was important enough to be enshrined in the US Constitution by the founding fathers. Congress passes the various laws that regulate the hows and why’s of copyright. The thing to know is that any enforcement of copyright is a federal issue and must be dealt with in federal courts. You can’t sue in state courts or small claims. Further, the law is the same for everyone in the US since states or local governments have no authority to regulate US copyright law.

How is copyright created?
Copyright lies in the hands of the creator of the photograph from the instant that image is created. In other words, you own the copyright from the second you take the picture. There’s a difference between owning a physical print and owning the copyright to that print. Just because the client may buy an 8×10 doesn’t mean they have any right to make any copies of that print.

What can be copyrighted?
“Original works of authorship” that are in fixed, tangible form. These works include photos and other pictorial works, music, sculpture, movies, recordings, literary works – including computer programs – and others. Ideas cannot be copyrighted. For example, the idea of “trash the dress” cannot be copyrighted so the first person to “trash the dress” can’t stop others from doing so. But if someone were to copy a specific image down to lighting and pose, then that could constitute infringement. (The term “trash the dress” can be trademarked however.)

Does owning the copyright mean I can do what I want with the photo?
No. If you have identifiable people and/or privately owned locations in your shot, you will need a model or property release to use the images commercially, i.e. promote a business – including your own. Owning the copyright to a photo is like owning a car. Yes the car is yours, but you can’t drive it over the speed limit without getting in trouble if you’re caught.

Who owns the copyright if a client pays you to take the picture (in the USA)?
The fact you may be working for a client or that a client may be paying for your expenses does not affect the ownership of the copyright. If you take the picture, you own it. (Keep reading though since there are exceptions.)

Who owns the copyright if a client pays you to take the picture (in Canada)?
Let me first say that I’m not terribly fluent with Canadian copyright law so I’m not going to get into any depth here. However in Canada, copyright rests with the paying client unless there’s a specific contract that dictates that the copyright belongs to the photographer. For this reason, it’s of paramount importance for Canadian photographers to use a contract that spells this out for each and every shoot. 

Who owns the photo if my assistant/associate photographer takes the picture?
Like it or not, the assistant or associate does. Just because someone may be shooting for you doesn’t mean that you own the images they shoot. Their ability to use those images may be limited by other considerations, such as a lack of model release by the subjects, but anything they shoot is theirs. If you’re not careful, it’s possible that you may find yourself in a copyright match that you weren’t expecting.

Are their situations where the person who shoots the photo doesn’t own the photo?
Yes. US copyright law provides that if a person signs a “work made for hire” (WFH) agreement, then the copyright belongs to the person or company specified in the WFH agreement. There is no such thing as an “implied” WFH agreement. Either one is signed that specifically states “work made for hire” or it wasn’t. There is no middle ground. (If you have a second shooter or associate working for you, I strongly recommend the PhotographersToolkit Associates Contract Kit which has WFH built in among it’s many protections.)

What about employees?
Things get a little gray here. If you have a full time employee whose job duties include taking photos, then copyright belongs to you the employer. On the other hand, if you have a temporary or part time employee, then you as the employer probably don’t own the copyright. Just because you classify someone as an employee for payment or IRS purposes doesn’t mean that you own the copyright. This is a gray area because there are no clear rules that dictate who is or who isn’t an employee for the purpose of copyright law. When in doubt, have the employee sign a WFH agreement or consult a lawyer. (Again, the Photographer’s Toolkit contract will come in handy here.)

What if a client wants to use an image, do I have to give them the copyright?
No. Just because you allow a client to use an image – or even give them the negative or raw files – doesn’t mean that they own the copyright. When you allow a client to reproduce an image – be it a wedding, portrait or commercial client – you are in essence granting them a license for limited reproduction rights. This license isn’t much different than the license you receive when you purchase computer software – the fact that you have a copy in your hands doesn’t give you the right to distribute it to others.

What if I only want my client to print photos for their own use, but not to sell to others?
Going back to the idea of a license, you can structure a license to allow some things but not others and for differing lengths of time. The broadest form of license is for unlimited use and unlimited time. You can license an image for “Personal use only. No resale to others” or any other set of uses that you might choose.

How do I create a license?
A license sounds rather official and complicated, but it’s not. A license is any set of directions or terms that give to the client. Just write out what you want in your contract and that’s it. If not in your contract, spell out your terms in your invoice or a delivery memo that give the client when you hand over your digital files. (See my recent How to Create a License post.)

What is Copyright registration?
Despite the fact that you own the copyright when you snap the photo, the law makes your enforcement options virtually toothless unless you register your images with the US Copyright Office. Instructions for registering can be found here: Copyright Office Instructions. In general, you must register your images before a violation for registration to be meaningful.

What do I do if someone violates my copyright?
This is a question that’s going to depend on the circumstances. If you find that someone or some company has reproduced an image of yours image without your permission, you’ll want to register the applicable image immediately. The unfortunate reality is that if your image isn’t registered, you’re really limited as to what you can do and how much you can claim for damages. While you may think your case is worth a lot of money if some big company uses your image without permission, you’ll actually be lucky to get much more than a few bucks. Regardless, once find out about a violation, call an attorney for the best advice.

What does registering do for me?
By registering your images with the copyright office, you’re entitled to attorney’s fees for the costs of collecting on an infringement as well as “statutory damages” of up to $150,000 per infringement. The practical effect of this is that you can get an attorney to take your case without you having to pay up front. Most clients will settle fairly quickly because they don’t want to have to pay up the big bucks. If you don’t register, all you’re entitled to are “actual damages”‘ which are generally minimal at best. (How much would you really be damaged if someone prints your photo without permission?)

Enforcing a copyright case with a registered image is like showing up for a knife fight with a gun. I can’t stress the importance of registration enough when it comes to collecting.
If you don’t believe me, here’s a real world case of a photographer who won a million dollar award from a client who infringed his copyright. There’s a thread on the Canon forum about this and the photographer who won the award actually chimed in. It’s an interesting read with a rare real world perspective. Here it is: Infringement Post. (Unfortunately, the PDN article link within the post is no longer valid.)

Why do you have to register to get any real protection?
Well, it’s a simple function of money. The companies that tend to do the violating also have the money to control the debate in Congress. Big business doesn’t want to have to pay when they illegally copy your image. The only reason that registration exists is to prevent photographers and other artists from being able to meaningfully collect on a copyright case. (In other countries, registration is not necessary to claim significant damages.)

This is why it’s paramount that we support organizations like the APA, ASMP and PPA. When changes to copyright law come up, they’re the only ones who can stand up and fight for our rights as photographers and creators of unique work.

In my next post, I’ll talk more about how exactly to register your images.

John Mireles

I’ve got to say that the title of this post is probably among the most boring titles I’ve ever come up with. My apologies. However, as most you of know, success in the business of photography is rarely about exotic adventure, groundbreaking techniques or fancy equipment. Instead, it’s about the simple things you do day and day out that help you make money. Creating a well-written usage license for images you share with your clients and collaborators is just one of those things that keeps the money train going. So here goes!

I was actually inspired to write today’s post after reading about Dina’s experience with photographic thief Shepard Fairey. The reason she was able to achieve a settlement with Fairey was because she wrote down in email form what both she and Fairey agreed to. Nothing fancy – just a summation of the conversation she had with Fairey about how and where he could use her image of a cancer survivor. But, whether she realized it at the time or not, that little summary is what served to define the license that she granted Fairey. When he violated the terms of the license, she was able to go after him.

When most of us hear the term “usage license,” we think of something fancy, long and filled with legal terms. While that’s no doubt true – just look at the terms of use for any computer software that you might purchase – it’s not always the case. Indeed, most photographic licenses are short and sweet.

Before we talk about writing a license, we should first know what one is. In it’s simplest terms, a license is defined as permission. As the copyright holder of an image, it is you and you alone who can give permission to others to reproduce your image. The terms of that permission are what constitute a usage license. So however you want to structure your license is up to you; it can be ten pages of legalese or a simple sentence of common sense language.

Most licenses consist of five components:

1 – Size of the image to be reproduced in the final layout – i.e. will it be small within the ad (or published page) or will it be the “hero” as in full page or close to it.

2 – Nature of publications - Will the client be using the image one time in a marketing brochure or multiple times in newspapers and magazines? Images that are used in a consumer magazine or billboard ad campaign are worth much more to the client than one used in a 1/4 page inhouse brochure.

3 – Geographical area of publication - Will the image be used in a local publication like a neighborhood newspaper? Or a regional magazine? Or a series of national magazines? An image can be used throughout North American or even worldwide. Obviously, the greater the geographic distribution, the greater the value of the image to the client.

4 – Duration of use - Does the client need the image for six months? One year? Or even unlimited time?

5 – Exclusivity - Does the client not want competitors to use the image? Do they want exclusivity within their product category, a given country or worldwide.

It may go without saying, but I’ll say it anyways: any license that you create should address all five points. Knowing that, let’s look at a license that you might write up for a client who wishes to use a 1/2 page image for use in a company brochure.

“Image of boy and girl playing for non-exclusive use by Acme Manufacturing in Swingmaster brochure only. Size not to exceed 1/2 page. For distribution in North America only. No use by third parties. Duration of use: One Year.”

Hopefully you’ll agree that there was nothing fancy in this license. Note how all five usage components were addressed in this brief paragraph. I’ll also point out two very powerful words here: only and no. By using the word “only” you make clear that no other use is allowed other than that specified in your license. Use this word liberally!

The other word that comes in handy is “no.” In the license above, I referenced “no use by third parties” to make clear that the client could not allow anyone else to use the image (as often happens with manufacturers working with distributors and customers). If the client requested a broader license that might include other marketing materials, I’ll often specify “No paid for media advertising including magazines, newspapers and web ads.”

By using the words “no” and “only,” you remove ambiguity from your license -which is critical should you be required to enforce your rights under your license and law.

More and more these days, clients are requesting unlimited use of the images you create for them. But not all unlimited use is created equally. Perhaps the client only needs unlimited use of the images for brochures, inhouse marketing materials, catalogs and company website. Few clients need unlimited international use in billboards, magazine ads and product licensing. So why include that? Furthermore, they rarely need the images for unlimited time. All images have a lifespan after which they become tired and out of date to the client – but not necessarily to you.

Here’s an unlimited use license that I’d create for a client who doesn’t want to have to contact me for every single use, but at the same time doesn’t need expansive unlimited use:

Unlimited, exclusive to exercise and sporting goods industries only use of images by Powergroup Inc only for inhouse marketing materials including brochures, sell sheets and presentations, trade show posters, catalogs, and company website. No use by third parties. No paid for media advertising. Duration: Two years.

When creating a license, try to be as specific as possible. I know it’s tempting to be vague because you don’t want to upset the client. Far better to be clear with the client up front though because enforcing something that the client didn’t think they agreed to is just going to make a mess of the relationship. For the most accurate language, you can refer to the useplus.com website. It’s a free site that will generate license terms for you based on your parameters.

Before you can accurately draft a license, it helps to ask a lot of questions of the client. It’s rare that the client provides you with all the information you need. When you’ve got a client on the phone, you need to be prepared with all the right questions so you can fairly price the job and set its parameters. Also, many of license terms should be included in the terms and conditions of your contract (usually on the back of your main page). For example, things like the start date of the license period, what happens if the client doesn’t pay, changes etc should all be covered in either your assignment estimate or your stock photography invoice.

When it comes to what terms and conditions to use, if you’re a member of the American Photographic Artists (formerly the Advertising Photographer’s of America) or the ASMP, they offer contracts for use by their members. You may also purchase my Commercial Photography Contract Kit from the Photographer’s Toolkit which includes an Assignment Agreement, Stock Invoice, Change Order and a list of 50 questions to ask so that you can accurately estimate a job. Regardless of what terms you use, every single image that leaves your studio should be accompanied by your terms and conditions along with a clearly defined license.

So the next time a fellow artist, book author, client, wedding coordinator, store owner or even your mom asks for a photo, give ‘em your photos with a smile – and a license!

John Mireles

First let me say that I’m truly overwhelmed and appreciative for all the support that I’ve received from my readers and the photo community. Being sued, regardless of the outcome, is a tough experience that can take it’s toll on anyone who’s emotionally invested in their business – as I am. Reading your positive comments and emails has definitely been encouraging and validating. Thank you!

Among the many comments that my post received, one question that stood out for a more detailed response was “What you would have done differently?” That’s a fair question and one I’ll answer as best I can.

When it comes to how we interacted with the client and the level of service that we offered, I would have handled it pretty much as we did. Perhaps if I had a crystal ball that could have foreseen the future, I would have pursued a different tack at the beginning. But knowing what we knew when we knew it, I would not have done anything differently. Not only did we live up to our side of the bargain, we went above and beyond.

The most important thing I would have done differently is involve the Professional Photographer’s of America (PPA) in this case from the outset. I’m a PPA member and am covered by their Indemnification Trust – as are all wedding photographer members. (Wedding photographers who join the PPA are automatically charged $50 extra for this.) The Trust is essentially an insurance policy for when the client is unhappy and makes a claim for improperly performed services. (“Indemnification” is a fancy word for insurance. I suspect they call it something other than “insurance” because they don’t want to follow the rules that apply to normal insurance companies.)

Insurance for dissatisfied customers is referred to as Errors and Omissions or Professional Liability coverage. Your regular business policy does not include this kind of coverage since it stipulates that there must be actual physical damage to property or physical injury to a person for a claim to be covered. When someone doesn’t like their photos or album design, there’s no property damage nor was anyone physically injured. In cases like mine, the PPA Indemnification Trust is one of the only sources of insurance coverage. (Hartford’s Insurance policies issued through Hill & Usher also offer this.)

Because I knew how to handle the case and felt confident of ultimate victory, it didn’t occur to me to report it to the Trust. However, after the default judgment was rendered against me, I thought that reporting it might be a good idea. Unfortunately for me, the Trust has a clause in their policy that states that the claim must be reported before going to court. I had an opposing view (buttressed by insurance law) which they did not accept – so no coverage was extended to me. (Had I lost the case, I had an attorney ready to do battle with them, but that’s another story.)

Going forward, I recommend that anyone who is a PPA member should immediately report any claim made against them regardless of whether they think they’ll ultimately prevail. They also have attorneys who will assist in the preparation of the claim. No point in paying out any money when you don’t have to. If you’re not a PPA member, securing coverage through the Trust is definitely a benefit that merits joining.

With regard to the actual court date that I missed, instead of just not showing up, I should have sent someone to stand up on my behalf and say that I couldn’t make it. Yes, I would have lost the case, but not by default. Overturning a default judgment is much more difficult than appealing an award. (In the end it didn’t really matter because the Superior Court would have taken my case regardless of the reason.)

Please keep in mind that the small claim courts in different states all use different rules. Be sure to find out how the process works in your state before you make any assumptions.

One more thing, a couple of people have used this case as justification for not shooting weddings. Well, commercial clients present their own set of problems. The last time I was in court (nearly 20 years ago) was to sue a company who refused to pay me for work I had done. I won that one too but it was still a PIA. Come to think of it, my all time worst client was a portrait client however, that’s a story for another day. Let’s just say that regardless of what side of the business you’re in, there’s sure to be challenges. My wish for all of us is that they’re few and far between!

John

Recently, I went to court after being sued by a disgruntled client – my first ever. We really work hard on our customer service and are proactive in taking care of potential issues before they become problems. But, as with any business, there occasionally comes along a client who just can’t be satisfied. Here’s our story and some lessons learned.

My associate shot a client’s wedding in 2010. She was happy with the images but wanted something “artsy” for her album. My designer spoke with her about her desires and suggested that the client pick out her favorites for us to work into the design.

Months go by and no photos from the client so we went ahead and designed the album without her input. We rarely get input from clients so this is our standard operating procedure. We send out the proof but months go by with no word from the client. Every few weeks we reach out to her, but nothing.

Finally she responds. She’s doesn’t like our design and image choices, but, lucky for us (insert rolling of eyes here), she’s designed her own album on Picassa – that she wants us to match. Of course, it’s a disaster. We invite her into our studio so that we can work with her on the album. She declines. She begins demanding a refund – to which we say “no way” (although we do offer her a credit towards framed prints she might wish).

Not long after, a small claims lawsuit shows up at our doorstep. Ugh. On the day of the trial, I’m out of town (on a job) so she gets a default judgment. With great cheer and no small amount of gloating, she calls up the studio to ask when she gets her money – which is just over $3,000 for the price of the album plus costs.

Of course, I’m not going down without a fight so I appeal the default judgment to the small claims court. A month later, sitting in court, my heart sank when the judge announced that she was going to deal with the “quick ones first” and then called my case up as the first one up. The judge had me out of there in about 45 seconds as she denied my appeal.

Disheartened but not deterred, I then appealed my case to the Superior Court – the last option for me. So, with no small amount of trepidation, I trudged to the main courthouse downtown for my hearing. Since the appeal was adjudicated in the Superior Court, not small claims, there was no crowd of people waiting to have their names called. It was just the defendant, judge, stenographer and I.

Right away, the judge agreed to hear the case. Whew! I say silently as the client-now-plaintiff explained her case. I then explained my side. Because we weren’t in small claims, the judge wasn’t trying to rush through the process. She took her time and considered everything that was said.

After listening to both of us, she told the plaintiff, “Wedding photos are important. You are going to want an album. What you need to do is work this out with Mr. Mireles so you can get your album. I’m going to leave the room and see if you two can work this out.” With that, she got up from the bench and walked out of the courtroom.

I offered to do the album in cooperation with the client, but the plaintiff wasn’t interested in settling the issue. So back came the judge and the case continued. In my closing remarks, I said that “This is a case of buyer’s remorse. What’s at issue here is that the client purchased her own album for much less money than the one she purchased from us. There’s no way we could make her happy – in fact the reason we couldn’t settle this just now – is because she wasn’t interested in the album – she just wanted her money back.” I added that it’s in our contract that we don’t offer refunds because all the work we do is custom.

After a couple more questions to me about whether I could still deliver an album to the client (“Yes!”), the judge then looked at the plaintiff and said, “Essentially, your case boils down to claiming a breach of contract on the part of the photographer. However, you did nothing to mitigate your damages. You just walked away from the photographer and then sued.” And the next words were magic to my ears: “I’m going to find for the defendant.”

Insert happy dance here!

Here’s where I went right:

- I avoided as much of the extraneous details as I could and just stuck to the facts that were relevant to the case.

- I had my exhibits all in order and easy to find. I had copies ready for the plaintiff and judge so it was easy for me to reference supporting evidence as I spoke.

- I brought a printout of the client’s album design as well as a sample album that she looked at during her initial meeting with us. The judge spent a lot of time looking at these two items. The album proof demonstrated that we’d done our job while the sample album demonstrated that the work we performed was consistent with what she hired us for to begin with.

- Being in Superior Court meant that the judge could take the time to consider the details of the case and not just split the difference.

- I made it clear that I was willing to work to make the client happy, but it was her refusal to cooperate that made that impossible. (“It’s unfortunate that the client couldn’t be bothered take an hour to sit with us to work on the album, yet she has the time to take us to court.”)

- I had a signed contract with clearly spelled-out terms which allowed the judge to quickly review it and accept the terms as binding. (Surprise, surprise, I used my Toolkit wedding contract.)

- I never attempted to interrupt the plaintiff. I remained cool and courteous throughout. The bailiff even complimented us and said that usually the litigants are arguing and talking over each other in court. Being rational, reasonable and professional in appearance made it easy for the judge to side with me.

So I walked out of the courtroom happier than a clam. There’s no appealing the decision and I don’t owe her a dime. Yes, I was happy to have won and to not have to fork out thousands of dollars, but I also got that warm rush of satisfaction from knowing that I’d wiped this unreasonable client’s smug smile clean off her face.

John Mireles

(Photos from my Pacific Magazine cover shoot)

A question I often hear on discussion forums is “Do I need to charge sales tax for an out of town client?” The short answer is, “No” and “It depends.” Let’s discuss.

The answer to the question depends solely on where you deliver the finished product. If you work in State A and deliver your product, be it proofs, prints or albums, to State B, no tax will ever apply (assuming you’re in the USA). Now I often hear people respond to this question with a “You should ask your local state taxing agency.” That however isn’t necessary.

If you’ll recall from your Civics 101 class, only the US Congress has the authority to regulate interstate commerce. When you ship your products from one state to the other, that’s interstate commerce and thus not subject to taxation by individual states. In the absence of a national sales tax, individual state tax rates and policies don’t apply.

But what if you did the shoot in the state where the client lives? Doesn’t matter so long as your business is physically located in another state and you ship the product across state lines. The client must take deliver of the product in their state; if you hand deliver the product in your home state so that the client can take it home, then tax is due in the full amount.

For that reason, it’s important that you use a trackable shipping source such as Fed Ex or UPS and maintain good records. In the event of an audit, you may be asked to provide evidence that all those out-of-state shipments are legitimate.

The caveat to this discussion is that this advice applies solely to photographers working in the USA. Other countries have Value Added Tax (VAT) that applies to all sales. If you’re in Canada, the UK or elsewhere, you’ll need to check with your national taxing agency for specifics. To be clear however, if you live and work in the US and ship out of the country, no sales tax applies (although various tariffs may be due from the client to their home country).

John Mireles

Sometimes Jerry Ghionis just makes me sick. He’s always winning awards, getting all kinds of acclaim, gets the beautiful girl, and even jumps in with the band as lead singer. But truth is, he’s a great guy and is a genuinely good photographer. Regardless of what one may think of WPPI awards or award shows in general, it’s quite a feat for one photographer to win Album of the Year year after year as Jerry has done.

What I like about Jerry’s current album is that he’s found a new way to present an old subject (that being weddings). I’m not sure I’m sold on his style here, but I do admire his quest to continually best himself and find new ways of expression. You can check out his album and related thoughts on his blog.

One thing in his post that impressed me was his reference to Los Angeles based artist David Hockney as his source inspiration. For those not familiar with Hockney, his Polaroid collages made during the 80′s helped to establish photography as a viable form of fine art. The fact that this established fine artist chose photography as a medium really helped to elevate photography as a whole. Specifically, his Pearblossom Highway collage (viewable on Hockney’s home page) is not only Hockney’s masterpiece, it’s one of the seminal works in the collage art form.

One thing that I talk about in my seminars is the importance of seeking out inspiration from the art world. I’m always a bit amazed and depressed at how few hands go up when I ask about who has recently purchased an art book or gone to view a gallery exhibition. The beauty of investigating what’s taking place in fine art circles is that it opens us up to new styles and means of expression.

Unfortunately, most of us are content to copy Jerry Ghionis or whoever else is out there doing good wedding photography. However, if we really want to stand apart from the crowd, it’s important to look beyond wedding photography and seek out inspiration from all corners of the photography and art worlds. Part of Jerry’s success comes from the fact that he’s diligently seeking new inspiration that other wedding photographers aren’t. Meanwhile, everyone else is trying to copy him. It’s no surprise why his work stands out.

Your work can stand out too, but you’ve gotta work at it. In future posts, I’ll suggest some artists and photographers to look to as you further your process of discovery.

John Mireles