1099 (Page 4): :sm24: :sm24: :sm24: :sm24: However, I might suggest also getting flood insurance. I think Floyd may need it before long, and a rider to cover being eaten by polar...

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

SharpShooter wrote:

I'm gonna amend my advice. br This is gonna be b... (show quote)

However, I might suggest also getting flood insurance. I think Floyd may need it before long, and a rider to cover being eaten by polar bears.

kenArchi Loc: Seal Beach, CA

What's the complication all about!

You either work for them as an employee complete with wages, compensations, etc. or as an independant contractor.

I do not and never had to enter into any written contracts. I give them my price sheet and that is how they pay me.

Some clients do give me 1099's but only a few. Only these are what I file to income tax.

Employee, company owns photos.
Contractor, you own photos.

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

kenArchi wrote:

What's the complication all about!

You either work for them as an employee complete with wages, compensations, etc. or as an independant contractor.

I do not and never had to enter into any written contracts. I give them my price sheet and that is how they pay me.

Some clients do give me 1099's but only a few. Only these are what I file to income tax.

Employee, company owns photos.
Contractor, you own photos.

Not necessarily true. The contract can stipulate ownership and usage rights. It is important to read and understand what is being signed, and whether or not or how much it matters.

elwynn Loc: Near Atlanta, GA

What do you want with a bunch of real estate photos. Give them ownership.

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

elwynn wrote:

What do you want with a bunch of real estate photos. Give them ownership.

Possibly the right to use for portfolio purposes, perchance? There could be many reasons. It is very situation dependent and the devil is in the details.

SharpShooter Loc: NorCal

Peterff wrote:

It is very situation dependent and the devil is in the details.

Now you're bring the Devil into it.....???, Well THAT changes everything.
Now you will need a completely different contract and insurance.
More like "life insurance"!!!

SS

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

SharpShooter wrote:

Now you're bring the Devil into it.....???, Well THAT changes everything.
Now you will need a completely different contract and insurance.
More like "life insurance"!!!

SS

Well there are always thresholds, and who you invite to cross the threshold can make a difference! It is always important to consider with whom you enter into a contract and what the conditions are. Anyhow, I thought we had been discussing lawyers from the outset, and not so much life insurance but 'soul music'!

How about having dinner at Auerbach's Keller sometime? It's a bit of a trek, but worth a visit and good fun.

http://en.wikipedia.org/wiki/Auerbachs_Keller

Bobspez Loc: Southern NJ, USA

Based on some of the advice here it would cost the OP $5,000 in legal fees and insurance premiums to accept a $250 job. Also if his photos are on a realtor's public website, what's the harm in printing out screenshots showing his shots and the realtor's logo for his portfolio?

kenArchi wrote:

What's the complication all about!

You either work for them as an employee complete with wages, compensations, etc. or as an independant contractor.

I do not and never had to enter into any written contracts. I give them my price sheet and that is how they pay me.

Some clients do give me 1099's but only a few. Only these are what I file to income tax.

Employee, company owns photos.
Contractor, you own photos.

Apaflo Loc: Anchorage, Alaska

Bobspez wrote:

Based on some of the advice here it would cost the OP $5,000 in legal fees and insurance premiums to accept a $250 job. Also if his photos are on a realtor's public website, what's the harm in printing out screenshots showing his shots and the realtor's logo for his portfolio?

If this is a $250 job he should turn it down.

As for stealing images from someone else's web page and using them logo and all for anything commercial, that is a sure way to lose everything you own.

Bobspez Loc: Southern NJ, USA

Yes, and if you watch a pirated movie the FBI can arrest you, and if you remove the tags from your pillows you are subject to arrest. As long as I can remember those tags said do not remove under penalty of the law.

What if the realtor hands out brochures with your pictures on it to the public and you keep one and tell people those are my pics. Does the realtor sue you and take your house and car and bank accounts?

Do you think the guy who designed the Coca Cola logo never showed prospective employers a coke logo and said he designed it? Did Coca Cola take everything he owned?

Suppose you access the pics on a realtor's public website on a laptop laptop and show them to someone. Is that stealing them? Can you be sued or prosecuted for showing them on a screen or on paper?

Here's a hint. In civil law you have to prove damages to collect a penny. The realtors expect prospective buyers to take screenshots of houses they post. If the photographer takes a screenshot, how is he harming the realtor? He is not selling the screenshots. He is just showing his contribution to the website.

Apaflo wrote:

If this is a $250 job he should turn it down.

As for stealing images from someone else's web page and using them logo and all for anything commercial, that is a sure way to lose everything you own.

James R. Kyle Loc: Saint Louis, Missouri (A Suburb of Ferguson)

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.

===========

Yep! This is it.

Apaflo Loc: Anchorage, Alaska

Bobspez wrote:

... Here's a hint. In civil law you have to prove damages to collect a penny.

You need to have better facts.

See U.S. Code › Title 17 › Chapter 5 › § 504

In Section (C) titled "Statutory Damages.—", Item 2 specifies as much as $150,000 per infringement if it is shown that the infringer was aware that they were in fact infringing.

That does not require even one penny of proven damages.

With an attitude, such as yours, a dozen or so pictures used without permission adds up to a million dollar liability very quickly.

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

Bobspez wrote:

Based on some of the advice here it would cost the OP $5,000 in legal fees and insurance premiums to accept a $250 job. Also if his photos are on a realtor's public website, what's the harm in printing out screenshots showing his shots and the realtor's logo for his portfolio?

People are making this way too complicated and confused. For this kind of gig, lawyers are not required. So the expense is not necessarily required.

Ownership of these kinds of photographs isn't a big deal. The Real Estate guys probably have a standard contract, read it, and unless there is something nasty in there use it.

File taxes as normal. Use a tax consultant or software.

There is nothing complicated here unless this is a large(ish) amount of money. $250 isn't a problem. $10,000 isn't problem but is better because it allows for more deductions and expenses. $50,000 or $100,000 or more is better still, but then the accountants fees and other professional costs are easily absorbed.

If there is concern about usage, ownership and publication rights, a couple of sentences and a short discussion if needed usually sort it. Otherwise get some very specific advice about those things.

We're not talking about Ansel Adams, Dorthea Lange, David Bailey, Helmut Newton or Annie Leibovitz here are we?

Bobspez Loc: Southern NJ, USA

Only problem is there is no infringement. You are just displaying work that the realtor has made available for free to the public. You are not selling it, just showing it. There is no infringement, no damages and no penalties.

Apaflo wrote:

You need to have better facts.

See U.S. Code › Title 17 › Chapter 5 › § 504

In Section (C) titled "Statutory Damages.—", Item 2 specifies as much as $150,000 per infringement if it is shown that the infringer was aware that they were in fact infringing.

That does not require even one penny of proven damages.

With an attitude, such as yours, a dozen or so pictures used without permission adds up to a million dollar liability very quickly.

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

Apaflo wrote:

You need to have better facts.

See U.S. Code › Title 17 › Chapter 5 › § 504

In Section (C) titled "Statutory Damages.—", Item 2 specifies as much as $150,000 per infringement if it is shown that the infringer was aware that they were in fact infringing.

That does not require even one penny of proven damages.

With an attitude, such as yours, a dozen or so pictures used without permission adds up to a million dollar liability very quickly.

Jeez Floyd. I'd hate to live in that little settlement of Utqiagvik of less than 5,000 people north of the Arctic circle. Does everybody behave as you do? I would imagine that the polar bears steer a wide berth lest they get mugged, skinned, eaten or sued before they can run away.

The real world does not operate that way, but you may not be aware of that.