GrandmaG Loc: Flat Rock, MI

I do not have a photography business nor do I intend to start one. I am the family photographer, which includes special events like proms, engagement sessions, and “school “ pictures of my grandkids, including senior portraits.

After editing and sharing these photos with family, they often post them on social media along with tagging me as the photographer.

Because of this, I have been asked by people outside of the family if I would photograph their family, their senior, etc.

I just retired and IF (big if) I did this, I would charge $30/hour with a minimum of 3 hours. My concern is liability with doing this not as a business.

Should I register a business name and get a copyright before agreeing to photograph anyone outside the family for profit?

I have watched many tutorials on starting a business and have even taken some classes on Creative Live. Having a full-fledged business at this time of my life would take the fun out of photography.

I searched everywhere for an answer to my dilemma with no solution. I just know that I will get good and honest advice from members on the “hog”. Thanking you in advance!

KarenKaptures Loc: New Jersey

I’m following this post for I am in about the same predicament. Thanks

Howard5252 Loc: New York / Florida (now)

Based upon what you wrote about not wanting to start a business ...
Either do the requests asked of you for free, or politely say no.
This avoids all liability and possible personal headaches that could come
when you charge for you services.

BebuLamar

I see the OP intention. I think it's best if you consult a lawyer.

lamiaceae Loc: San Luis Obispo County, CA

Just learn to say "no". I've toyed with the problem early on when I first started doing photography in 1977 for fun. But by now all my friends know I'm a Flower, Landscape, and Abstract Photographer. Not a wedding or portrait photographer.

bsprague Loc: Lacey, WA, USA

What are the liabilities? What are the risks?

rjaywallace Loc: Wisconsin

GrandmaG, may I ask why you want to do this if “having a full-fledged business at this time of my life would take the fun out of photography”? Why spoil something that has given you such joy? Good luck, whatever you decide! /Ralph

Vietnam Vet

If you are making a profit then you are running a business. In Missouri you could be fined $10,000 if you did not have a business license and a license to collect sales tax. So you need to register in the city you live as a business, and you need to get a license from the state to collect the sales tax.

You should contact your city and the state to ask them about this. Better safe than sorry.

Silverman Loc: Michigan

I would say YES, if going to photograph others outside of your immediate family, other close family, and maybe very close friends, and do this with any type of regular profit in mind, you might consider saying you are in a "Photographic Business", therefore for your own legal standing, you should investigate registering your "New Business", either as a "Sole Proprietorship", or a "LLC" company. Check out "Legalzoom" online for possible advice and suggestions, or a Business Law expert as to what you might consider. Hope all works out for you. As a Legal and Registered Business you may have other financial benefits too.

JohnSwanda Loc: San Francisco

You may think you can charge people for services and not be a business, but your local or state governments may disagree. There may be liability issues which your personal insurance might not cover, and there may be fees or taxes due for doing business. As others have said, legal advise is essential, and maybe check in with the Small Business Administration.

GrandmaG Loc: Flat Rock, MI

Well, so far, when I mention that it’ll cost them, the “outsiders”, look elsewhere. I think you answered my question. I don’t want to spoil a fun hobby!

As an aside, my kids assured me that they would keep me busy in my retirement years! Ha! Currently, I’m importing all of my son’s pictures from Google Photos into LR, organizing and doing simple edits; then sending them to a shared site on Shutterfly for them to print. Egads! I need to teach them to take better pictures! Of course, he and his wife mostly use their cell phones!

GrandmaG Loc: Flat Rock, MI

I think I could still be liable even if I did them for free (which I won’t). Although I think I could win that fight (depending on the “charge”), I think I’d rather not.

I’ll have to learn, “Just say no”

GrandmaG Loc: Flat Rock, MI

Thank you for that advice. I will do that if I ever decide to charge for my work.

GrandmaG Loc: Flat Rock, MI

Good point. I certainly want to avoid a fine!!!! I thought the same thing you said, “If I am making a profit, I am running a business”.

Although you CAN show no profit for a new business the first three years. I had a small sales business out of my home many many years ago and my tax man wrote off my home office and other business-related expenses until I gave it up.

GrandmaG Loc: Flat Rock, MI

You are the first one to say YES! Isn’t a “LLC” better than “Sole Proprietorship”? If I become “financially strapped” in my retirement, I just may HAVE to think about a photography business.

I will take your suggestion under advisement. Thank you

EDIT: I checked out “LegalZoom” and that seems like just the ticket if I go forward to shoot for profit!