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DPChallenge Forums >> Photography Discussion >> First Portrait Session - Legal Advice Needed
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11/18/2008 02:15:40 PM · #1
Hi All,

Had my first request to go to someone house and do a family portrait and one of the kids......

I have a couple of questions....

1) Are their legal implications as kids are in the shot and i am sure one shot will be one of the kids.....

2) Should I take a backdrop and lights ? Would you ?

3) What kinda charge should apply ?

cheers all

Tony
11/18/2008 02:37:58 PM · #2
Bump! I can't really help, but it was falling off the main page. :)
11/18/2008 03:17:44 PM · #3
There are no legal implications if you are just shooting the photos and giving the family prints/a disk of images. Unless you sell them the copyright, it still belongs to you. Which means you are free to do as you like with the photos, within reason - ie: you can use them in a collection of your work, on your website, or in print as part of a promotion.

You cannot sell them as stock images to an agency or publisher without signed releases for all the models. And if you have any concerns about being able to use the images on your website/promotionally, have everyone sign releases that state you can do so, or write that into the contract that they sign. YES, you should have a basic contract and have them sign it before you start shooting - it's the best way to cover your own butt should anything happen.

As for equipment, that depends. If they have a well-lit space with a clean background, then you probably won't need them. But few homes have such a space, and I would never, ever, go to do such a gig without having at least my lighting gear with me. Even it if just sits in the car, at least it's there if needed. And I fully expect that you'll need lights if you want to get a good image.

I charge session fees, with three different sessions to choose from. Each session offers an increasing amount of time, plus different prints included. (Visit my website, www.brentpennington.com - Under "Services" click "Portraits" to see the session options.)

Now don't take this the wrong way, but are you sure you're up to taking on a gig like this? The work in your portfolio looks great, but the questions you asked make it sound like you haven't thought out the business end. If you're going to produce a quality product that the family (and you) will be happy with, that will generate you more business, you should have the experience (or at least enough confidence) to grab the right gear, go into the house, set up, and get the shots. If you're not sure you can do it, you're best off not wasting their time and money, or making yourself look bad, which could hurt your chances in the future.

You should figure out a pricing scheme, either with different packages or hourly, and you should stick to it so that when future gigs come up, you can tell the client, "Yes, I can do that, and it will cost X." Also, so you don't end up short-changing yourself by doing a gig really cheap, and then having another client expect the same rate later on.

I hope this was helpful, and that my comments didn't upset you :-) I remember what it was like the first time I did this, and I did botch up a gig - so I offer up my concerns in hope that I can help someone else prevent that from happening to them.
11/18/2008 03:48:51 PM · #4
OdysseyF22 I like your package layout. simple question....realistically your clients could pick out 10 -15 different poses, correct?

This seems to be the problem I haven't figured out...keeping them from picking 1 print each from 40poses and having to process all the poses...

I know, don't show all of them, but mostly my clients are only family so far!
11/18/2008 04:03:37 PM · #5
OdysseyF22...

thanks a million ........GREAT POST

I have done many studio shoots and set up the gear......however....I don't own my own gear so more worried about £300 of outlay for lights for one gig.....! and then have them sit around the house...

Your right about the pricing structure.....i ain't thought it through and its a must ....
11/18/2008 04:55:14 PM · #6
You've got questions that need answered before you even consider charging folks for your work.

Once you charge money you are a professional and with that come responsibilities - taxes, insurance, liability, etc. Paperwork, orders, bank accounts and more.

Photography is about light. Unless you've been there and know the light conditions that will exist at the time of the session you will need to bring everything you might need - lights, power for the lights perhaps (cords and such at least), stands, meters, reflectors, gobos to block any light you don't want, a WB target would be helpful too.

Backdrop? If it's an on-locaiton session use the location when at all possible - if all they want is a muslin BG save yourself some time and trouble and make them come to you.

Paperwork - a receipt, pricelist, model release, business card all come to mind.

As to a session fee...depends on how you want to do it - $1000 and that includes the session and a nice meter/3 foot wall canvas, etc. Or you can do $500 and that includes a $400 credit toward whever they want to buy - so first is a package, second guarantees you a minumum sale for your time and effort. A flat fee, say $100, and then they can buy whatever (or not) is the simplest, and worst way to do it (from a business perspective). But it takes less work to do it this way, pricing wise, and it's a much easier way to get the sessions as it require very little committment from the client.

Message edited by author 2008-11-18 16:59:20.
11/20/2008 08:49:33 AM · #7
Originally posted by TonyUK:

OdysseyF22...

thanks a million ........GREAT POST

I have done many studio shoots and set up the gear......however....I don't own my own gear so more worried about £300 of outlay for lights for one gig.....! and then have them sit around the house...

Your right about the pricing structure.....i ain't thought it through and its a must ....

You're very welcome - glad you found it helpful!

Regarding lights, I can almost promise you that if you buy them, they won't just sit around the house - lighting it too much fun to play/work with, and you begin to find more and more shoots where you want to use it. Check out Strobist if you haven't already - the whole site is about ways to use lighting beyond the usual studio approach.
11/20/2008 08:55:03 AM · #8
Originally posted by dassilem:

OdysseyF22 I like your package layout. simple question....realistically your clients could pick out 10 -15 different poses, correct?

This seems to be the problem I haven't figured out...keeping them from picking 1 print each from 40poses and having to process all the poses...

I know, don't show all of them, but mostly my clients are only family so far!

Yes, during the allotted time, the clients could choose to pose any number of different ways. Granted, there's nothing that says all the poses will be good - any that just look awful, I'd remove in post.

If the client wants 40 different shots, that's fine by me. Realistically, that's not so much time editing - an hour or two, probably. And I'd be thrilled about it, because 40 prints adds up to pretty good earnings, on top of the session fee.
11/20/2008 03:46:33 PM · #9
guys......thanks again for all your help.....

studio it is .....
11/20/2008 04:13:38 PM · #10
Gotta say this thread title made me almost die laughing when I saw it in the front page. I thought "oh no what could have possibly happened!"
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