# Question...



## Newtricks (Feb 5, 2014)

Met with a potential employer for a test shoot yesterday (she wanted to see me/my work), about an hour taking photos of an actress working for the company. The producer liked the shots I took and asked if I was available to do production stills Thursday (tomorrow). They're talking about hiring me as a contractor without withholding taxes, 1099 at the end of year, here come the questions...

Do I need/should I have a business license and or tax ID, model release forms if I want to use/post any of the photos I take while working for hire (the producer is okay with my using photos for a portfolio and seeking technical advice online), am I overlooking anything.

Anthony

ps Spoke with the business rep for the union I worked for, he suggested I contact the Local photographers union since this work is in the motion picture industry.


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## ronlane (Feb 5, 2014)

I'm no lawyer or tax guy, specially regarding California. I would suggest you consulting a lawyer and tax guy from California to make sure that you are doing things correctly. Good luck.


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## imagemaker46 (Feb 5, 2014)

If you are running a full time professional photographic business you should already have a business licence for your registered business, along with having all the correct tax information to run your business.  If you don't, you may find yourself dealing with the legal people.


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## vintagesnaps (Feb 5, 2014)

It varies state to state, you'd need to look up info. on your state's website (might be on the site for the Secretary of State for California). Look up ASMP's site, there are business resources for photographers such as sample model releases etc.


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## Newtricks (Feb 5, 2014)

Hey Scott, I'm retired from working as a Studio Grip, photography is a hobby never thought about doing it professionally other than selling photos from time to time. I was approached for this job after a friend of a friend mentioned having a friend (me) who was fairly good with a camera.


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## robbins.photo (Feb 5, 2014)

Newtricks said:


> Hey Scott, I'm retired from working as a Studio Grip, photography is a hobby never thought about doing it professionally. I was approached for this job after a friend of a friend mentioned having a friend (me) who was fairly good with a camera.



Ok, so your friend has a friend who's friend has a camera?  Man.. I'm so confused.  I don't suppose we have this on say a chart somewhere do we?  Lol

Seriously though, best bet probably would be to get just chat with someone local in the know on this one, maybe contact the SBA in your area and I'm sure they can give you a lot better info and advice than a bunch of internet ya-hoos.


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## KmH (Feb 5, 2014)

If they aren't withholding taxes you are indeed an independent contractor, and it is not 'work for hire'.
http://www.copyright.gov/circs/circ09.pdf

You will own the copyrights, and the Producer should be *paying you* use licensing fees to use your copyrighted photographs.
Who is providing the contract? If it's the production company read the contract very carefully, and don't sign away your copyrights.
I take it you do not have a contract for that type of job since you're asking about a business license.

Because you will be paid, and shooting under controlled conditions you will definitely want to have on file valid model releases for all the photos you take.
Because it has a large entertainment industry, California model release law is a bit more complex than in a state like Iowa.

Getting advice from the local Photographers union is a very good idea.


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## Newtricks (Feb 6, 2014)

Thank you all for the advice, I'll contact the IA still photographers union for further advice.


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