Lights Camera Lawsuit Pre-sale Starts Tomorrow!

“Fireworks” by Epic Fireworks from Flickr (Creative Commons License)

I’m nearly pee-my-pants excited because the pre-sale for my first online course, Lights Camera Lawsuit: The Legal Side of Professional Photography starts tomorrow! I’ve been working on this for well-over a year, and it’s so close to finally coming to market.

I’ve spent the last week promoting the bejezus out of this, and I’m so pleased that the response has been so positive:

Looks like a powerful product… I’m sure it will prove very popular!

Super good idea, and i love the curriculum.

Sound like a good (and much-needed) product.

Just forwarded it to every photographer I know

I will never stop being amazed at your entrepreneurial talents – what an amazing idea.  

On the eve of the pre-sale, I wanted to respond to some of the questions I’ve received about this course.

What inspired you to create this course?

I’ve worked as a lawyer for eight years and a model for five. Basically, I’ve worked on both sides of the camera without having to touch one. I’ve seen there is a great need for quality information about photography law, and, unfortunately, most photographers can’t afford to hire a lawyer to help with all their legal needs. I’ve seen too many photographers make costly mistakes that were completely avoidable, particularly related to their contracts and copyright. I created this course to save other photographers from making the same mistakes.

Why did you create a course instead of another type of product or event?

There are three reasons. First, by creating a course, I can maximize the number of people I can help while keeping the price down.

Second, the material in the course is evergreen (at least until the law changes), so I want it to be available when people are ready for it and looking for a reliable resource about photography law.

Third, people who buy the course will be able to access it again and again, versus a live event which is a one-and-done deal. If there are changes to the law, I can update the lesson in question or add an additional lesson to the course, and everyone who had purchased it to date will get it at no additional cost.

Does the course include contract templates?

No, and here’s why – I’m not allowed to under the rules of my law license. However, the course includes the list of provisions I include in my contracts and lots of sample verbiage from real documents I’ve created for photographer clients.

Where did the name Scarlet Maven come from?

Scarlet Maven is the name of my superhero alter ego.

Why did you have to create a separate business entity? What type did you create?

I created a separate entity, Scarlet Maven, LLC, to make it clear that there will not be an attorney-client relationship with people who buy the course.

On the advice of my accountant, I created an LLC for this business. LLCs are a great choice In Arizona, because they are basically set-it-and-forget-it entities. The state doesn’t require an annual report or fee. I don’t have to file anything with the state unless the company moves or dissolves.

What aspects of the course did you outsource?

Each lesson is going to be a screencast with a voiceover recording. I hired Elizabeth Fullerton at Boldfaced Design to create the templates for the PowerPoint slides.

Additionally, because I have no artistic talent and only had a feeling about what I wanted my logo to look like, I hired Dina Miller at Square Peg Creative to create the logos for Scarlet Maven and Lights Camera Lawsuit.

Both were money well spent. These ladies did a beautiful job.

How have you been promoting the course?

In addition to promoting the course through Scarlet Maven’s email list, I sent well over 500 individual emails to photographers, lawyers, and other professional creatives who might be interested in the course or who might know people who would be interested in the course.

The promotion won’t end with the pre-sale. I expect Lights Camera Lawsuit will be a course I sell for years to come, so I’ll continue to look for opportunity to reach more people about it.

What parts of this process were fun?

Creating the outline for the course and each of the lessons was fun. So has been talking with photographers about their needs and what they hoped to get out of this.

What new skills did you have to learn?

This venture gave me the opportunity to learn some new skills. This was the first time I ever created a website with Squarespace. It’s quite different than working with WordPress, but not too hard once you learn the basics.

This is my first online course, and I’m using Teachery for it. I was so glad and relieved to learn that this platform is super easy to use. I’ve also taken a number of courses that platform, so I know how easy it is for users as well.

What challenges did you face?

Scarlet Maven is my side business, so one of the challenges I faced was making time to devote to the business, create the course, and promote it. I still have my full-time job being a lawyer, writer, and speaker where I don’t always control when I have deadlines or when work gets dropped in my lap.

The biggest challenge I faced, by far, with this venture has been managing my anxiety.

  • What if no one likes it?
  • What if no one buys it?
  • What if I screw up making it and it never gets to market?

These are the types of fears I wrestled with on a daily basis. Sometimes they caused me to procrastinate working on the course. The best way I knew to manage them was to focus on the next task in front of me instead of being consumed by the bigger fears related to the course’s overall success.

Lights Camera Lawsuit Pre-sale: February 14th-18th

The pre-sale for Lights Camera Lawsuit: The Legal Side of Professional Photography will last only five days!

Pre-sale Starts: Friday, February 14, 2020 at 8am AZ Time

Pre-sale Ends: Tuesday, February 18, 2020 at 6pm AZ Time

Pre-sale Price: $199 (60% discount)

Please subscribe to make sure you don’t miss out on this fantastic pre-sale price. I’ll never offer this course at this price again.

When the course goes live on March 16, 2020, the price will be $497. This is still a bargain for 10+ hours of legal information, but why pay more?

New Photographers: Signed Contracts Needed at the Start of Every Project

“He Walks Dogs” by Damian Gadal from Flickr (Creative Commons License)

I recently heard a question from a new photographer. They are new to the business and focused on building their brand and rapport with potential clients. Their question was, “Should I have a contract on hand at the beginning stages of my business?”

My response was an emphatic: “Yes!”

Photography Contracts: Every Job, Every Time

A contract is a relationship management document. It puts everyone on the same page about what each side is giving and getting and sets the expectations about how each side should behave.

I tell my photographer clients to never accept a job without a signed contract, this applies even to TFP shoots (trade for photos). Your contract should outline what the client is hiring you to do, how/when you’ll be compensated, how the client can use the images, and who owns the copyright. It should also have terms that address how problems will be resolved.

If the Prospect Balks at a Contract

If you have a prospective client who says they “don’t think a contract is necessary,” turn and run. This raises to red flags for me: either they don’t understand how the business works, or they have devious reasons for not wanting a contract that could bite you in the butt in the future.

One of the best pieces of advice I got early in my career was, “You never regret the client you didn’t take.” I have had no regrets about declining a representation when a client balks at how I do business. Every time I decline one of these clients, I feel like I’ve dodged a bullet.

Don’t Worry that Requiring a Contract will Push Clients Away

Don’t worry about being perceived as “pushy” my holding firm that a contract is required. You can be polite and respectful while say, “This is how I do business. If you don’t want to sign a contract, that’s fine, but you won’t be working with me.”

You set the rules for how you work with clients. If they balk at your contract (assuming it’s reasonable), they shouldn’t be your client. A reasonable client would expect you to require a contract. A person with any business acumen won’t want to work with you without one.

Let the prospects who don’t want contracts to self-select out. If you have problems with a client at the beginning of the relationship, it’s an indicator that they will be problematic throughout the project.

If the prospect asks for a referral to another photographer, I recommend saying, “All the reputable photographers I know won’t take on a client without a signed contract.”

It’s Cheaper and Easier to Prevent Legal Problems than to Fix Them

This has been proven time and time again in my legal career. When a client comes to me with a business dispute, one of my first questions is, “What does your contract say?” When my client doesn’t have a contract, I have to piece together the terms of their agreement from emails, text messages, and the parties’ actions. Often my client spends more just having me piece these things together than what it would have cost them to have a custom contract template made.

Additionally, in a dispute, it’s much easier to create a demand letter than references the terms the other side agreed to and back them into a corner where they have to try to defend the indefensible rather than assert what the terms of the agreement are from the assembly of bits and pieces of communications and actions that the other side can more easily debate.

Lights Camera LawsuitTM

There’s always a need for quality legal information for photographers. That’s why I created an online course called Lights Camera Lawsuit: The Legal Side of Professional Photography to address photographers’ most important questions. I want you to feel secure in your business, confident in the way you operate day-to-day, knowing that you’ve set yourself up to get paid what your worth without incident.

At $497, the course contains nearly six hours of legal information you can immediately apply to your business. That’s less than what I charge for two hours of legal work for clients!  

Please subscribe for more information and to make sure you don’t miss out on any special offers or discounts.

Clarify What Your Photography Client is Buying: Prints vs Digital License

“Shooting the Dress” by Garry Knight from Flickr (Creative Commons License)

Professional portrait photographers generally need at least two contracts when working with a client: one for the sitting and one for the deliverables. For the latter, make sure the client is crystal clear about what they are, and equally important, what they are not buying. Having clarity on the front end will prevents problems on the back end.

Assume Clients Don’t Understand Copyright

Part of your job as a professional photographer is to educate your client about the basics of copyright and how it applies to images you’ve been hired to create. Many people assume that they are allowed to take a print, scan it, and share online or via email.

In my pre-lawyer life, that’s what I thought. I spent plenty of time in the computer lab during my undergrad scanning photos. There was even a bulletin board dedicated to the photos that people left in the machine.

This is still an issue for Joe Average people. Here’s a real question that recently came across my screen: I hired a photographer to take family pictures. I want to share them online and with extended family. The photographer says I can’t do that. Why?

I suspect this person bought prints and not a digital license, or they have a license but it doesn’t include an allowance to distribute the images.

As a risk-adverse lawyer, I would put specific verbiage in the contract that states what the client can and can’t do with the photos, including that only the digital version the photographer provides can be used to share the images with family and friends, probably in bold print.

This serves two purposes:

  1. It protects your copyright, and
  2. It maintains the quality of your work.

It’s also a good idea to include the information about your socials so they can tag you. (Good clients give credit their photographer when posting images online, even if they’re not required to.)

What the Client gets with Prints

When a client buys prints, they are buying the tangible object – the picture on whatever medium it was printed. They are buying the thing. They are not getting the copyright right or any copyright rights (unless that’s part of the contract they signed).

The limits of what someone can do with a print are similar to what they can do if they bought a book. They can display it, sell it, give it away, destroy it, etc. What they can’t do is make copies of it.

Scanning a print is making a copy. So is taking a photo of the photo.

I’ve seen people do this at amusement parks. They don’t want to buy the photo the park took of them on the rollercoaster, so they take a photo of the screen where the image is displayed – so they take photo of the photo. When I’ve seen this happen, the teenage clerk usually says, “We’re not supposed to let people do that.” Now you know why. 

What the Client gets with a Digital License

What a client can do with a digital license depends on the limits within the license itself.

Whoever owns a copyright has the exclusive right to control if and how the work is copied, distributed, displayed, performed, and what derivative works can be made from it. If I were writing a license for a photographer, I’d address all five of these rights – including “perform,” even though that’s not a verb we typically use in regards to photographs, but I’d rather be thorough.

Most of the time, the photography licenses I draft are for a non-exclusive, perpetual, worldwide license. It also addresses whether the licensee is allowed to use the images for commercial use. Sometimes the photographer requests additional provisions, like one that says the licensee isn’t allowed to alter the images, which may include cropping.

Following the license provision, I often add a sentence that states all other uses of the images must be approved by the photographer in advance.

Solution: All Print Packages Include a Digital License

One way to address this issue to require clients to purchase a digital license when they’re purchasing prints. The client won’t have to scan any images if they already have digital versions.

When you first meet with a client to discuss their needs, ask them about what they want to do with the final images, including how they want to show them to others. If you hear a client talking about how they can’t wait to share the photo with family/friends – clarify what they mean and make sure purchase a package that suits their needs.

Lights Camera LawsuitTM

There’s always a need for quality legal information for photographers. That’s why I created an online course called Lights Camera Lawsuit: The Legal Side of Professional Photography to address photographers’ most important questions. I want you to feel secure in your business, confident in the way you operate day-to-day, knowing that you’ve set yourself up to get paid what your worth without incident.

At $497, the course contains nearly six hours of legal information you can immediately apply to your business. That’s less than what I charge for two hours of legal work for clients!  

Please subscribe for more information and to make sure you don’t miss out on any special offers or discounts.