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FAST CLASS: Legal Survival Guide

Lesson 14 of 17

Licensing And Transferring

 

FAST CLASS: Legal Survival Guide

Lesson 14 of 17

Licensing And Transferring

 

Lesson Info

Licensing And Transferring

everybody. Uh what did we learn yesterday? We learned that we have to give birth to our business. Right? So we gave birth to our business. We've created our entity. We've we've registered it, we've got our tax I. D. Number. And now we've got a stack of documents and we're ready to take those documents to the bank or go get alone. And I want to show you what needs to be in your business organization folder. So blue steel photography is alive and well. So in my blue steel corporate business documents folder. This is what we're going to have. I'm just diving back in. We're going to start with copyright in a minute. But don't forget we have our articles of organization, right? That's our birth certificate. Well actually that's that's what we had to get into the hospital. Then we've got our uh, certificate of organization. That's our birth certificate that shows that were legal. And we were born. Then we came up with some rules about how we're gonna play. It's our operating agreement which ...

we took off of the legal forms disk. We got our operating agreement, we made a couple of minor changes to it. And again this is a Missouri operating agreement. And then finally we jumped online um and we registered with the Internal Revenue Service and we got our employer identification number so we can start to register to pay taxes. So you absolutely must, there is no exception. Have to have these documents in your corporations folder. I'm gonna say it again because it's so important. Gotta have your articles of organization, your um certificate of organization, you're operating agreement and then your letter from the I. R. S. That says what your employer identification number is. Now listen, this is how real life works. You're not gonna remember what your employer identification number is and if you don't print out this letter and put it someplace where you won't lose it and then probably put a second copy someplace else where you can go look for it when you lose the first one, you'll lose your employer identification number. And if you lose it, I don't have any great advice on how to get it back. I suppose you can write the I. R. S. Or search back through your emails but you need to save this because if you forget your employer identification number. Okay. Yeah it will be a problem. So what are we gonna do now? Well let me tell you overnight blue steel photography came to life on the web. It came to life on the web mike. Can you show me what my friend will tailor made for us? Wills a photographer up in D. C. And I asked yesterday if somebody would just bring blue blue steel to life on the web. And uh well I think really captured the essence of blue steel and Will is with us today in the chat room. Is, yep. Well fantastic. Uh If you pull this up on yours we've got a little we've got a little uh re sizing problem going on with the logo on the Wix website. But that's okay but that's uh that's well we're live uh Will's online. I think he really captured it for us. I think he really did so big shout out to Will. I mean I'm ready to hire him for my next commercial shoot right now. I think he's got the vibe I need so thanks Will. I appreciate it. That was fun. That was fun. But let's talk a little bit um about transfer. Who are we giving it to? To who? So Think of the four w use Yeah. Who gets the license? Bride mom? Everyone in the world. Third parties. Your client corporations who do you want to give this license to? So we have to answer that in our license. Who is who is named on the license. So for instance on my standard uh license that I give when I deliver the disk it will it will go to the bride and the groom. That was my client that you signed my contract. I don't give the license to anyone else. Sometimes. Mom, I had a mother recently say well I would like a license as well and I chose to give her one. She wanted one. She knew that she couldn't use it without one. She asked I gave her one. I didn't charge her for it. I wanted to maintain great customer service and client relations. But we did it legally. So that's the who, you know, your client. Yeah. Where where can your work be used in your city? In your state, nationally, internationally, globally galactic lee you can limit the terms of your license to a geographical area. Yeah. Yes. Yeah. Yeah. Yes. Yeah. Why purposes. Yeah. Yeah. Yeah. Yeah. That's purposes, not purposes purposes. The reasons. Can they use it for personal reasons? Because they use it, use it for commercial reasons. Can they use it for advertising? Can they use it for uh portfolio? Can they use it for? Uh these are questions you have to answer for yourself, right? But you have to ask the question, why are they going to be allowed to use it? So what are the purposes? Um, so we've talked about the who, the where and the why. Now let's focus on the what, what can they use it for? And that kind of goes along with purposes maybe they want to, you can give them, uh, you know, you can say any personal, we might say commercial, Yeah. What commercial purposes are there? That's where they're trying to make money off of it. That's where they can sell it. Personal. And commercial are the complete opposite. So if you give somebody a license to use your work for personal reasons, that necessarily means they're not going to be able to sell it commercial, we know, is when we're trying to make money off of an endeavor commercial purposes. And if it's personal, we can say personal web only, or commercial web only. Personal. Uh, like for you bob commercial, you can use it on your internal documents. We might say, you know, print now, let's think about print. I mean, this is how we make money, creatives. You've got to ask these questions and you've got to stand up for yourself. How much do you think you can charge for your work if you're selling it to a corporation that wants you? They really want you. Uh and they're going to do a print run of 100,000. Well 100,000. That sounds like a lot of prints, right? Um Okay. How much would you charge for that same work if you knew that they really wanted you? And they were gonna do five million? Would you charge a little bit more? You would. So before during the sales meeting, when you're explaining your vision and jim like fashion about really, really feeling what they need and meeting their needs, uh you need to ask what are going to use it for? Well, I'm gonna use it for print. The questions. Can't stop there. You're using it for print. What's the print run is gonna look like, oh you know, 5,505,005 million. That's gonna govern what your your work is worth. And you if you don't ask those questions on a commercial job, you're never gonna get paid what you're worth. And if you go to that, what was that length that I gave yesterday? Photo uh um Lorenzo, you wrote it down for your commercial rates, checking your commercial rates online if you if you find that holler it out. But that's one of the questions they'll ask is what's the print run gonna be if it's used for print. What about billboards? Yeah. Yeah. Publications. Books. Mhm. Portfolio. Yeah. Photo was that Photo quote? Yes. Photo quote dot com with an F. Um These are the what's that we can put in our license so your fee for what you're going to charge if it's not included in a package needs to be based on use. You can put all different other terms in there, bob bob has an attribution clause right here. You know what? You can use my work if you uh if you use it for internal print, but you've got to attribute the work to me, I need to receive credit for it. What about changes to your work? Now, let's talk about that. Ladies and gentlemen, I have a lot of clients that are excellent. Excellent Photoshop users. That always gives me an opportunity to say, Photoshop is not a verb. Photoshop is a proper noun, Photoshop as a proper noun and it describes a system where we artistically enhance an image or a graphic for a small additional charge. The other thing we can limit is the number of copies. So if it is going for a commercial purpose, we can limit the number of copies that the client can make of it. So that's licensing and that's how we maintain control. Let's go full screen on this mike and let everybody take a look at the difference between a copyright transfer form and a copyright license. Good. And throw that up there. So we've got that full screen Now here on the left is a transfer form. And in this one, look what I put there. This is this is to help you do not use this unless you intend to transfer the entire copyright photographer does not retain copyright. I would rarely use this form. But if you had some, this is basically equivalent to a work for hire agreement where you're transferring it. Um, and we specifically transfer all ownership rights, title and interest to the following photographs. And it ends here. But down here, there's this blank space. See this right here, You have to put something in there. What is it? It's image such and such? It's image such and such. And I print out thumbnails and I attach it. And I also say see, exhibit a and I just print out a contact sheet of thumbnails. I write exhibit a on it and transfer it or staple it to it. And that lets me and everybody else. No. Which images are being transferred. Because if you don't show a picture of it, what do we send to the copyright office? A copy of our work, Right. If we don't attach a copy of the work to the copyright transfer form, it's difficult to know what the heck were transferring. Uh So that's the copyright transfer form. Let's come over to um and you can pull back out mike from that. Uh and we'll go over here to the copyright owner's consent form, limited use. Okay, this is a license. You can strike this here, and you can call it a license. It says that the studio wants to let the client reproduce certain copyrighted material. We warrant that were the owner of it, and then we agree for the buck and other consideration. The customers granted limited license to reproduce the following materials, and it says, see attached disk or otherwise described the work. That's where I'll attach a actual contact sheet to it. The photographer authorizes and consents to the reproduction for the following purposes. Any personal use license is non transferable to 3rd parties.

Class Description

Ready to turn your creative side project into a thriving business? Join Craig Heidemann for an introduction to the business and accounting principles every creative professional needs to know. 

In this class, Craig will take you step-by-step through the process of setting up, running, and growing a small business. You’ll learn how to use QuickBooks to manage your finances, including managing client contracts and invoices. Craig will also help you navigate the potentially confusing tax, legal, and copyright issues surrounding small businesses. You’ll also learn how to contract and/or hire people to do the tasks you can’t do yourself. 

Whether you’re just starting out as a business owner or you’re a longtime entrepreneur ready for a refresher course, this course will give you a roadmap to business success.

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