Contracting
Photographers
Quick Tips
Photographers are small businesses and should be dealt with like a business, not like an employee.
As a client, you should be treated with superb customer service, but don't expect to set the prices or terms of someone else's business.
Remeber that running a business is much more expensive than being an employee. Don't expect prices for a freelance photographer to be comparable to your staff's pay.
Finding a Photographer
(because Alicia can't make it to Kansas for the next assignment)
I recommend the NPPA Find a Photographer Service.
Results will give you a list based on proximity to assignment, anywhere in the US. If you are frustrated with photographers who list themselves as covering one city when they are based in another, this search is for you.
Results also include minimum assignment rate and include a check off for photographers agreeing to follow the NPPA Code of Ethics.
Keeping the IRS Happy
IRS booklet on distinquishing between Employee or Independent Contractor: When you use contract labor (freelance) it is important that you don't treat your contractors like employees. If you do, the IRS will get mad and make your life miserable. This form helps explain how the IRS defines the two.
W-9 forms:The IRS requires you to get a W-9 form to get the taxpayer ID from photographers that you use, so that you can report the payment to the IRS. Since I am not an accountant or an attorney, I will let those good folks confirm when exactly you need this, but it is a good idea to have all photographers sign one of these.
Understanding pricing:
Many photo buyers don't understand how professionals come up with their prices. If you want to understand more about why photographers charge what they do, take a look at the NPPA Cost of Doing Business Calculator. It will give you a good sense of photographers expenses and help you see things from a different perspective.
Remember that you wouldn't walk into Sears and tell them what you think a refrigerator should cost, you simply judge whether their price works for you. You don't know all of the details about why a photographer charges what they do, and that's okay. It's also okay to ask questions and expected to be treated well.
Free Photos!
I do not give away my photos (see above cdb calulator to understand why), but there are some really cool places to get free photos, which in some cases, you have already paid for through your taxes.
credit: NASA
You and I paid billions of tax dollars for this photo
and it's ours to use.
Many US government sources provide images which are in the public domain. Here is a list by the US Government, although some links include non-government photos, so you still need to double check. Some of my favorites include:
Farm Security Administration including Migrant Mother.
National Parks, including The Grand Canyon, and Lady Liberty
NASA photos, like this photo of a moonwalk, and this and other awesome photos from the Hubble Telescope.
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Free Press--
Use it or Lose It!
The Right to Take Pictures
Believe it or not, we have had many fights against all levels of government who want to limit photography rights. Despite thses attempts to change it, you (and every other member of the public) have a right to take pictures in a public place and from a public street. Some sources for more details on this matter include:
NPPA memorandum on Photographer's Rights in Public Places, and explanation of memo.
MTA Photography Ban attempt
An attorney named Burt Krages has produced a great guide on Photographers Rights
Make and Open Records Request
Sometimes it can be difficult to get proper access. Here is an open records letter generator to help you submit an FOI request.
Using Images
Understanding Copyright
If you are going to use images, you should be sure that you understand the laws concerning using those images.
The first thing you need to use an image, is the right to use it, which is granted by the photographer in exchange for a fee. This is true even for your website, even if you are a non-profit. Contrary to many assumptions, there are very few circumstances where "fair-use," absolves you of this. You may also need permission from the subject of the photo (see below). I will always be happy to answer your questions about usage and discuss further usage.
There is a lot of misunderstanding about copyright, especially when it comes to using photography. To put it simply, the creator or photogapher owns the copyright to a picture the moment they take it. This is not because we say so, it is US law. If that person is an employee (see left), performing their duty as a photographer, then the company they work for owns the copyright (the company is considered the creator). A freelancer or contractor is not considered an employee under US law.
The best resource for understanding copyright and how it works is to go to the source, the US copyright office, which has a very simple explanation on their website, www.copyright.gov.
Images with people
There are also implications for the person or people IN the photo. If you are using a photo for advertising or commercial purposes, you need to make sure that the subject consents to having their photos in your ad.
This is to prevent you from taking a picture of me at a picnic, and using it in an advertisement for foot fungus (implying that I am so afflicted).
While not needed for editorial work and news photos, model releases are a good idea for many circumstances involving photo use, such as the one mentioned above. Even for news articles, if the subject of the story is sensitive, there are legal implications.
You can be sued for using a photo that implies negative, incorrect information about someone, for example, a photo of someone sleeping on a bench, with a story about homelessness, if the person isn't really homeless, and was merely taking a nap on their lunch break. Once again, if you are in doubt, consult a lawyer.
Download model releases here
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