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Feb 25, 2017 14:08:22   #
Peterff Loc: O'er The Hills and Far Away, in Themyscira.
 
Bill_de wrote:
This site needs a urinal so when the pissing contest begins the participants can take it there and go at it.

---


It does, it is called The Attic. It's really all down to whether it is the pisser or the pissee that causes it to be flushed!

There has been plenty of useful information in this thread from people that actually deal with 1099s, contract work, and write, edit or negotiate contracts. There have also been contributions from people that have no idea of how these things operate in the real world, nor are willing to make any statements about their actual experience.

The bottom line is that this should not be an issue for small engagements. The tax issues are pretty straight forward. The contract issues are usually very easy to resolve by a simple discussion, if indeed there are any issues, but a contract is a very good idea. Third party liability insurance is also a very good idea in a situation such as this, where there is a possibility of injury in one form or another to people or property.

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Feb 25, 2017 14:08:33   #
Apaflo Loc: Anchorage, Alaska
 
Bobspez wrote:
You can cherry pick all you like. Hundreds of millions of people download music (illegally) on the internet. The record industry went after two of them and succeeded. They had the incentive and money to bring the suits forward and spend years battling appeals. And these defendants put songs on the internet to be shared by millions of other people. Totally irrelevant to the current thread.

You can violate the law and risk your business and home if you like. It's a judgment call perhaps. But photographers do have a vested interest in the validity of copyright law, hence we all tend to support the sanctity of enforcement too.

Your blatant support of being a scofflaw may feel good, but it is not honorable.

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Feb 25, 2017 14:36:51   #
Peterff Loc: O'er The Hills and Far Away, in Themyscira.
 
Apaflo wrote:
You can violate the law and risk your business and home if you like. It's a judgment call perhaps. But photographers do have a vested interest in the validity of copyright law, hence we all tend to support the sanctity of enforcement too.

Your blatant support of being a scofflaw may feel good, but it is not honorable.


Floyd, the OP's question was " 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."

The relevant answers have been made, multiple times.

1) " Do I maintain the ownership of the images?" The answer is that it depends upon the terms of the contract, either the one that is offered by either party, or the one that is negotiated and accepted and signed by both parties. It is no simpler, nor more complicated than that. If there is no statement in the contract that stipulates those things, then it may be something that becomes debatable at a later date, so if it is an important consideration it needs to be addressed. It doesn't require a lawyer to do that unless it is a very high stakes game. How many millions of dollars are at stake here?

2) "Also any comments on insurance are appreciated as well as any other advice." This has been clearly answered. Insurance for third party liability is a very, very, very good idea. Loss of your equipment, or damage to same, is a risk you can choose to take, that's called 'self insurance.' Or, insure it and make it a business expense.

The original question has been answered multiple times by people that have some experience.

However, if the OP (who hails from Portland, OR) plans to undertake Real Estate photography north of the Arctic circle, life insurance would probably be a good idea, with additional riders about frostbite, polar bear or orca attacks, snow blindness, or getting your eyes plucked out by a rabid snowy owl.

Other than that, we appear to be done.

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Feb 25, 2017 15:15:58   #
blackest Loc: Ireland
 
Apaflo wrote:
But we have seen proof that my comments were not ridiculous, and your exaggerated responses clearly are lacking perspective.

Do a search on Joel Tenenbaum, of Boston University, ordered to pay $675 000 for 30 distinct copyright violations. He did not profit and there were no damages.

Another case was Jammie Thomas-Rasset were the Supreme court eventually.upheld a $225,000 settlement. At one point a jury had awarded $1.92 million. That was over downloading and sharing, without profit or actual damages, some 24 copyrighted songs.

Telling people it is okay to violate copyright law is a gross error.
But we have seen proof that my comments were not ... (show quote)


Tenenbaum subsequently filed for Chapter 7 bankruptcy in November 2015 and the court granted a discharge of the $675,000 judgement against him in March 2016.

In March 2013, Thomas-Rasset announced she would declare bankruptcy to avoid paying RIAA the $222,000. RIAA suggested that it would accept a lower payment if Thomas-Rasset would make a video about copyright infringement, which she refused. As of April 2016, RIAA had not announced reception of any payments from Thomas-Rasset.

The daftest thing is to think any of these 'damages' would apply in the case of a Real Estate Company that tried to sue the photographer for copyright infringement relating to the photographs taken by said photographer. It would be so outrageous it would be liable to tank the real estate company once news got out. What photographer would work with them after a case like that.

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Feb 25, 2017 18:22:48   #
David Kay Loc: Arlington Heights IL
 
This is getting ridiculous.

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Feb 25, 2017 18:30:11   #
kenArchi Loc: Seal Beach, CA
 
A contract controls you, it's a liberal thing(socialism, communisim). You are no longer a free man. You give up all your rights.

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Feb 25, 2017 18:35:53   #
Peterff Loc: O'er The Hills and Far Away, in Themyscira.
 
kenArchi wrote:
A contract controls you, it's a liberal thing(socialism, communisim). You are no longer a free man. You give up all your rights.


Only if you are on the receiving end. If you are making or writing the contract, it's generally not liberal at all! At least the ones I write or sign aren't liberal, they're as precise and conservative as I wish to make them! It's simply a matter of terms of agreement and honor that is legally enforceable. What is liberal about that?

Everyone is free to accept or decline the terms of a contract. What is the problem with that? Contracts are about rights and accountability.

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Feb 25, 2017 18:37:54   #
Peterff Loc: O'er The Hills and Far Away, in Themyscira.
 
David Kay wrote:
This is getting ridiculous.


It became ridiculous a long time ago, with the very first response to the OP's question and degraded from there.

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Feb 25, 2017 19:14:51   #
kenArchi Loc: Seal Beach, CA
 
I hear you.

If these were $10,000 photo projects I would get out the contracts.

So who makes a 1/4 million dollars a year in photography?

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Feb 25, 2017 19:28:31   #
Peterff Loc: O'er The Hills and Far Away, in Themyscira.
 
kenArchi wrote:
I hear you.

If these were $10,000 photo projects I would get out the contracts.

So who makes a 1/4 million dollars a year in photography?


As Robbie Burns said: "GEY FEW, AND THEY'RE A' DEID'"

Translation, "Damn few, and they're all dead!"

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Feb 25, 2017 20:21:07   #
kenArchi Loc: Seal Beach, CA
 

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