The Law (in Plain English) for Photographers
264The Law (in Plain English) for Photographers
264Paperback(4th Edition)
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Overview
The photographer's definitive business and legal resource is now completely updated and expanded. In this valuable guide, arts attorney Leonard DuBoff takes you step by step though all the legal aspects of the photography business. Here is expert advice for everything from contracts to trademarks, including government licenses, taxes, censorship, the rights of privacy and publicity, leases and insurance, estate planning, and more. This latest, up-to-the minute edition pays special attention to the legal challenges that have been brought about by digital cameras and the Internet. With the important legal advice found in this guide, you'll save thousands of dollars in attorney feesand find expert legal assistance when you need it the most.
Product Details
ISBN-13: | 9781621536772 |
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Publisher: | Allworth |
Publication date: | 01/14/2020 |
Series: | In Plain English |
Edition description: | 4th Edition |
Pages: | 264 |
Sales rank: | 1,114,060 |
Product dimensions: | 5.90(w) x 8.90(h) x 0.80(d) |
About the Author
Sarah J. Tugman graduated from Mount Holyoke College in South Hadley, Massachusetts, and magna cum laude from Lewis & Clark Law School in Portland, Oregon. She has maintained a private civil practice for the past thirty-three years in Anchorage, Alaska, and she is of counsel to the DuBoff Law Group. She is the coauthor, with Leonard D. DuBoff, of several books in the Law (in Plain English)® series. She lives in Lincoln City, Oregon.
Table of Contents
Acknowledgments ix
Foreword Marybeth Peters x
Introduction xi
Chapter 1 Intellectual Property 1
Copyright Law 1
Trademark Law 40
Moral Rights 41
Trade Secret Law 42
Chapter 2 Defamation and Libel 45
Actionable Libel 47
Publication 51
Who Can Sue for Libel? 51
Defenses to Libel 53
Protection against Defamation Suits 62
Chapter 3 The Bights of Privacy and Publicity 65
Intrusion upon Another's Seclusion 67
Public Disclosure of Private Facts 70
Portrayal of Another in a False Light 75
Commercial Appropriation of Another's Name or Likeness 77
Releases 81
Chapter 4 Censorship and Obscenity 87
Prior Restraint 87
Obscenity 92
Obscenity and Privacy in the Internet Age 98
Informal Censorship 102
Predicting Liability 103
Other Censorship Problems 103
Chapter 5 Governmental Licenses and Restrictions on Photographing Public Places and Private Property 105
Licensing 105
Restrictions on Photographers 106
Courtroom Proceedings 110
Restrictions on Photographing Private Property 112
Chapter 6 Organizing as a Business 117
The American Dream: Sole Proprietorship 118
Partnership 118
The Corporation 122
The S Corporation 125
Limited Liability Companies 126
The Tax Consequences of Business Organization 127
The 2017 Tax Cut and Jobs Act Deduction for "Pass Through" Income 129
Taxation of Employee Compensation and Benefits 130
Chapter 7 Taxes to Be Aware Of and Some Ways to Keep Them Low 135
Recordkeeping 135
Qualifying for Business Deductions 136
Deductible Expenses 138
Spreading Income among Family Members 143
Capital Gains 144
Other Taxes 146
Chapter 8 Tax Deductions for the Office at Home 149
Exclusive and Regular Use as Your Principal Place of Business 150
Exclusive and Regular Use as a Place to Meet Clients or Customers 152
Separate Structure 152
Storage of Inventory or Product Samples 153
Determining the Deduction 153
Chapter 9 What to Knew about leases 157
Description of Property 157
Cost 158
Length of the Lease 158
Restrictions to Watch Out For 159
Remodeling and Utilities 160
Security 161
Deliveries 161
Insurance Coverage in the Lease 161
Security Deposits 162
Late Rent 162
Get It in Writing 162
Chapter 10 What to Know about Insurance 165
What Is Insurance? 166
The Contract 167
Types of Insurance 171
What and When to Insure 173
What to Do If You Are Sued 174
Finding the Right Insurance 175
Chapter 11 Contracts and Remedies 177
What Is a Contract? 177
Types of Contracts 178
Questionable Contracts 187
What Happens When the Terms of a Contract Are Disputed or Unenforceable? 193
What Happens When a Contract Is Breached? 196
The Assignment Agreement 201
Chapter 12 Stock Photography 205
Contracting with a Stock Vendor 207
Chapter 13 The Photographer's Estate 209
The Will 209
Intestate Distributions 212
Distributions to a Spouse Left Out Of the Will 213
Distributing Property Outside the Will 213
Trusts 215
Estate Taxes 218
Professional Estate Planning 221
Chapter 14 How to Find a Lawyer and an Accountant 223
Finding and Evaluating a Lawyer 224
Using a Lawyer 225
Finding an Accountant 226
Appendix A Books and Resources 227
Appendix B Organizations That Offer Help 231
About the Authors 239
Index 240