I know there are a few of these threads around...

Alexandra_MarieAlexandra_Marie Registered Users Posts: 38 Big grins
edited July 14, 2006 in Mind Your Own Business
But I'm posting and asking anyway.
I'm currently in college and I want to get the ball rolling to start my own buisness. I work at a camera store right now, and plan to continue to do so until I can support myself with the buisness.
I've been doing research, lots and lots of research...but I'm still very confused. It seems to differ a bit from state to state...which is even more confusing for me.
It was suggested (by my "thinks he knows it all" step father) I go to a lawyer...but I'd like to do it myself if possible.
Are there any Ohio photographers out there who can give me some tips/guidance?
Any help would be appreciated.
Thank you all in advance.
Alexandra
Life is not measured by the number of breaths we take, but by the ones that take our breath away.

Comments

  • audiaudi Registered Users Posts: 113 Major grins
    edited May 23, 2006
    Alexandra_Marie wrote:
    But I'm posting and asking anyway.
    I'm currently in college and I want to get the ball rolling to start my own buisness. I work at a camera store right now, and plan to continue to do so until I can support myself with the buisness.
    I've been doing research, lots and lots of research...but I'm still very confused. It seems to differ a bit from state to state...which is even more confusing for me.
    It was suggested (by my "thinks he knows it all" step father) I go to a lawyer...but I'd like to do it myself if possible.
    Are there any Ohio photographers out there who can give me some tips/guidance?
    Any help would be appreciated.
    Thank you all in advance.
    Alexandra

    What type of services would you be providing?

    I consider myself "in business" - i sell nature photography online and in galleries - but I dont have a lawyer or anything like that. The only reason I could see you needing a lawyer would be if you were doing photography (like portrait or events) where you had the possibility of ticking off customers.

    Could you provide more info on your plans for this business? Im sure that would help narrow things down for everyone.
    "See how willingly Nature poses herself upon photographers' plates. No earthly chemicals are so sensitive as those of the human soul. "
    -John Muir

    http://www.austinbphotography.com

    Nature Photographers Community
    Founding Member
    http://www.smugmug.com/community/NaturePhotographers
  • Alexandra_MarieAlexandra_Marie Registered Users Posts: 38 Big grins
    edited May 26, 2006
    I'm sorry, I should have thought of that when posting earlier...
    I plan to do Fine Art, Portraits, Senior Portraits, Weddings, Glamour photography mostly, perhaps some events and landscapes as well. Eventually I'd like to get into fashion photography, but not immedietly.
    And I plan to sell online as well as to galleries (and of course the individual customers...).
    Someday I'd like to have a studio, but for now it would be working from home mostly.
    Life is not measured by the number of breaths we take, but by the ones that take our breath away.
  • Alexandra_MarieAlexandra_Marie Registered Users Posts: 38 Big grins
    edited June 13, 2006
    I'm not one to bump threads, especially my own, but I could really use the advice if anyone can offer some. I'm getting ready to move and really cannot afford a lawyer right now. ne_nau.gif
    Life is not measured by the number of breaths we take, but by the ones that take our breath away.
  • marlinspikemarlinspike Registered Users Posts: 2,095 Major grins
    edited June 13, 2006
    I'm not quite sure what the lawyer would be for, but I think the best way would be to first work for a wedding photographer before starting your own business.
    http://davidson.smugmug.com
  • THE TOUCHTHE TOUCH Registered Users Posts: 535 Major grins
    edited June 13, 2006
    Alexandra_Marie wrote:
    But I'm posting and asking anyway.
    I'm currently in college and I want to get the ball rolling to start my own buisness. I work at a camera store right now, and plan to continue to do so until I can support myself with the buisness.
    I've been doing research, lots and lots of research...but I'm still very confused. It seems to differ a bit from state to state...which is even more confusing for me.
    It was suggested (by my "thinks he knows it all" step father) I go to a lawyer...but I'd like to do it myself if possible.
    Are there any Ohio photographers out there who can give me some tips/guidance?
    Any help would be appreciated.
    Thank you all in advance.
    Alexandra

    Hi Alexandra wave.gif

    Are you asking for guidance concerning a lawyer? Or just overall business advice?

    As for lawyer - I just started my own business as well. I've been told, and have read in several articles, that it's highly recommended to have a lawyer. Most lawyers will do a free consultation visit to go over your business and stuff. This is really all you need. That way, when you do have a problem, you've already established that relationship. I haven't done this yet, but I'm assuming it will take some time and several "free consultations" to find the lawyer that will meet my needs and is knowledgeable in this field.

    Here's a couple of examples of close calls -

    I did a photo shoot for a large corporation and one of the terms in the contract was that the photos can only be used within the company - no advertising, marketing, web-page, etc. After almost a year, I found one of my images on their web-site. When I contacted them, she said that she took the picture with her camera when she was there. I let her know that there was several signatures in the image that prove it's mine and that if it is not removed, she will be charged three times the normal rate (as stated in the contract). Luckily, she agreed and removed the image but it could have gotten very ugly.

    After just finishing our website, I had a sentence that said something to the effect of "We're not your normal photography company". I got an email from a company that wanted to sue me for trademark enfringement!!!rolleyes1.gif The exact sentence I used was their motto and it was supposedly trademarked. I did a bunch of research and found that they had no legal right to do this. I also could not find their official trademark. But, at the time I had no way to fight it and it really just wasn't worth it. I took the sentence off, sent him a bunch of documents from the Harvard Law Library and basically told him to screw himself. thumb.gif

    So, as you can see, it's very hard to predict problems that are going to arise. Luckily, I got through these two problems okay. Also, both of these happened within 1 year! I'm off to a bad start!

    Hope this helps. If you have general business questions, just ask.
    Insanity: Doing the same thing over and over again and expecting different results. - Albert Einstein :bash

    - Kevin
  • meewolfiemeewolfie Registered Users Posts: 97 Big grins
    edited July 14, 2006
    Kevin -
    After just finishing our website, I had a sentence that said something to the effect of "We're not your normal photography company". I got an email from a company that wanted to sue me for trademark enfringement!!!rolleyes1.gif The exact sentence I used was their motto and it was supposedly trademarked. I did a bunch of research and found that they had no legal right to do this.

    That is called a "chilling effect" letter. It's a way for a company or individual to get you to stop using something like that tagline without really making any formal legal claims. Heck, they may not even have a valid claim, but they can still send the letter and hope that it will have the intended chilling effect!

    There is a whole web site dedicated to this topic - it's an interesting topic and often the issue comes up in regards to copyright related issues.

    Mary
    Brecksville, Ohio
  • PetersCreekPetersCreek Registered Users Posts: 54 Big grins
    edited July 14, 2006
    Alexandra_Marie wrote:
    It seems to differ a bit from state to state...which is even more confusing for me.
    It was suggested (by my "thinks he knows it all" step father) I go to a lawyer...but I'd like to do it myself if possible.

    If I'm correct in understanding that you're looking for general guidance on starting your own small business, you may or may not need a lawyer, depending on what kind of business you start. For instance, a lawyer is required to incorporate. Most small businesses start as Sole Proprietorships, though, which doesn't usually require the assistance of a lawyer...but then, some businesses and business owners may benefit from legal advice.

    Disclaimer: I am not a lawyer, nor do I play one on TV. I don't even personally know any lawyers. I think lawyers smell funny. Don't take a single word I say as competent legal advice. If you do, you're a silly git and deserve any negative consequences that result. No lawyers were harmed in the creation of this reply. Dammit.


    You're right that regulations vary from state to state. In my case, I found a pretty thorough free publication offered by my state on how to start a business...but you don't live in Alaska. But you may be in luck. Ohio has a pretty nifty looking feature on their website called, 1st Stop Business Connection. I haven't looked at it in depth but according to them...
    Your FREE business information kit will contain the basics all business must know and the state-level regulations and forms specifically for your business. You will still need to check federal and local regulations before starting your business. After you complete your kit request, you will be able to click on links to the state and federal agencies every business comes in contact with.
    As they said, you also need to make sure you're in the IRS's good graces. I don't have a link handy but years ago, I remember seeing a free IRS publication for small business owners. Get it. It's important to know how to take care of your personal tax obligations...and those of any assistants you may hire.
  • THE TOUCHTHE TOUCH Registered Users Posts: 535 Major grins
    edited July 14, 2006
    Thanks Mary for the info! It sure was a chilling effect. I was more ticked off than anything!:pissed

    As stated, I did some research, sent it to him, and basically told him that he's lucky I'm not suing him! Of coarse, I would never to that - I can't stand frivolous lawsuits.

    Had I wished to fight it, if it was my business name for example, I would not have moved forward without consulting a lawyer first...just to be safe!:D

    - KT
    meewolfie wrote:
    Kevin -

    That is called a "chilling effect" letter. It's a way for a company or individual to get you to stop using something like that tagline without really making any formal legal claims. Heck, they may not even have a valid claim, but they can still send the letter and hope that it will have the intended chilling effect!

    There is a whole web site dedicated to this topic - it's an interesting topic and often the issue comes up in regards to copyright related issues.

    Mary
    Insanity: Doing the same thing over and over again and expecting different results. - Albert Einstein :bash

    - Kevin
  • THE TOUCHTHE TOUCH Registered Users Posts: 535 Major grins
    edited July 14, 2006
    PetersCreek wrote:
    Disclaimer: I am not a lawyer, nor do I play one on TV. I don't even personally know any lawyers. I think lawyers smell funny. Don't take a single word I say as competent legal advice. If you do, you're a silly git and deserve any negative consequences that result. No lawyers were harmed in the creation of this reply. Dammit.

    :lol4 :lol NOW THAT'S FUNNY!!!!rolleyes1.gif
    Insanity: Doing the same thing over and over again and expecting different results. - Albert Einstein :bash

    - Kevin
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