1099: I've been offered a contract to be the exclusive photographer for a real estate services company. Besides the obvious like compensation, turn around times, work hours, etc., and...

drg Loc: Portland, OR

I've been offered a contract to be the exclusive photographer for a real estate services company. Besides the obvious like compensation, turn around times, work hours, etc., and the specifics of what they want, what else is there to consider? It will be a 1099 contract. Do I maintain the ownership of the images? Also any comments on insurance are appreciated as well as any other advice. Thanks.

Apaflo Loc: Anchorage, Alaska

drg wrote:

I've been offered a contract to be the exclusive photographer for a real estate services company. Besides the obvious like compensation, turn around times, work hours, etc., and the specifics of what they want, what else is there to consider? It will be a 1099 contract. Do I maintain the ownership of the images? Also any comments on insurance are appreciated as well as any other advice. Thanks.

Ask a lawyer. I don't know if you need a contract lawyer or a labor lawyer though...

UHH is famous for varied, accurate and inaccurate, opinions on anything. You don't get good advice here, you get good ideas... You can't learn what to do, but you can learn what to ask the lawyer about!

sarge69 Loc: Ft Myers, FL

As a 1099 job, you are contracted to do something. If that something is photographs, I would think the photos belong to the people contracting you.

Check it out.

Sarge69

CaltechNerd Loc: Whittier, CA, USA

I'd suggest that ownership of the photos is a perfect topic for contract negotiation. They can pay more or let you keep the rights.

Apaflo Loc: Anchorage, Alaska

sarge69 wrote:

As a 1099 job, you are contracted to do something. If that something is photographs, I would think the photos belong to the people contracting you.

Check it out.

Sarge69

If and only if the contract specifically and unambiguously says so. Absent written contract language the copyright is owned by the photographer that creates the image. Note that it has to be in writing, as copyright ownership, in the US, cannot be transferred verbally.

The time when the photographer is not the owner is for an employee whose job description includes photography.

Peterff Loc: O'er The Hills and Far Away, in Themyscira.

drg wrote:

I've been offered a contract to be the exclusive photographer for a real estate services company. Besides the obvious like compensation, turn around times, work hours, etc., and the specifics of what they want, what else is there to consider? It will be a 1099 contract. Do I maintain the ownership of the images? Also any comments on insurance are appreciated as well as any other advice. Thanks.

1099 is purely a tax basis category, and does not have any significance other than how you are being paid and report taxes. It is in the contract detail where you need to look for or to specify ownership and usage rights. It is a different discussion.

don4u Loc: Southern California

Always get it in writing. Contact an attorney. It is your butt your protecting.

Apaflo Loc: Anchorage, Alaska

Peterff wrote:

1099 is purely a tax basis category, and does not have any significance other than how you are being paid and report taxes. It is in the contract detail where you need to look for or to specify ownership and usage rights. It is a different discussion.

He specified a "1099 contract" and that is extremely significant. It means he is not an employee, but rather a contractor. Either could be working under a contract, however the default as far as copyright ownership is exactly opposite. If the contract does not explicitly address copyright ownership then an employee does not own copyrights for photographs made while working. A contractor does.

jim quist Loc: Missouri

business license from the city, sales tax license from the state. Be bonded and insured.

Peterff Loc: O'er The Hills and Far Away, in Themyscira.

Apaflo wrote:

He specified a "1099 contract" and that is extremely significant. It means he is not an employee, but rather a contractor. Either could be working under a contract, however the default as far as copyright ownership is exactly opposite. If the contract does not explicitly address copyright ownership then an employee does not own copyrights for photographs made while working. A contractor does.

Actually Floyd, we need to clarify things a little here. Once again specific detail is important. 1099 is a US tax status designation and implies nothing, nada, zilch, about the terms of of the contract other than tax status. It is the terms of the contract that cover things like copyright, usage rights, ownership, confidentiality, payment terms and all of those other things. 1099 status is independent (or orthogonal) to all of those things. One can engage in multiple different contracts with different conditions all under a 1099 tax status. Even ownership of copyright as an employee depends upon the terms of employment between the employer and the employee.

This is complicated, and depends upon the individual contract situation, not a generic tax filing status.

Apaflo Loc: Anchorage, Alaska

Peterff wrote:

Actually Floyd, we need to clarify things a little here. Once again specific detail is important.

Then why not stick with the specific details that are important, and eschew posting ambiguous obfuscation!

The OP's reference to "1099 contract" was not about any of the superfluous details you reference without any real specificity. Instead he gave us a landmark from which to reference ownership of copyright. If the contract says nothing at all that is very specific and ownership is by the photographer. Any other result requires a written statement that is not ambiguous.

Peterff Loc: O'er The Hills and Far Away, in Themyscira.

Apaflo wrote:

Then why not stick with the specific details that are important, and eschew posting ambiguous obfuscation!

The OP's reference to "1099 contract" was not about any of the superfluous details you reference without any real specificity. Instead he gave us a landmark from which to reference ownership of copyright. If the contract says nothing at all that is very specific and ownership is by the photographer. Any other result requires a written statement that is not ambiguous.

That is what I did Floyd, and apparently something that you did not or do not understand.

The ownership and rights question has nothing to do with 1099 tax status, but everything to do with the terms of the contract that relates to work and ownership. These things are completely separate. Suggesting that they are conflated or have anything to do with employment status is the thing that creates confusion. It is purely to do with what is in the terms of the contract, either as an independent worker or as an employee. If the contract does not make specific provisions about ownership, rights and related conditions then they probably should be clarified and explicitly stated to avoid any conflicts at a later stage.

It sounds as though you haven't done these things before.

selmslie Loc: Fernandina Beach, FL, USA

drg wrote:

I've been offered a contract to be the exclusive photographer for a real estate services company. Besides the obvious like compensation, turn around times, work hours, etc., and the specifics of what they want, what else is there to consider? It will be a 1099 contract. Do I maintain the ownership of the images? Also any comments on insurance are appreciated as well as any other advice. Thanks.

Your taxes have nothing to do with it - totally irrelevant.

There is no commercial value to such images once the property is sold. There may, however, be an issue of whether you can use those images without the new owner's permission.

If you want the opportunity I suggest you carefully read the contract they are offering you. If you can't spot a deal breaker, go for it.

Don't make waves over something trivial or they will just look for another photographer.

Longshadow Loc: Audubon, PA, United States

Peterff wrote:

1099 is purely a tax basis category, and does not have any significance other than how you are being paid and report taxes. It is in the contract detail where you need to look for or to specify ownership and usage rights. It is a different discussion.

Apaflo Loc: Anchorage, Alaska

Peterff wrote:

That is what I did Floyd, and apparently something... (show quote)

Talk to an attorney. And unlike here, pay attention to what you are told.