Over the past many months we have learned a lot from the seasoned photographers and professionals at TWIP.  This article posted by Scott Bourne was very interesting and in our opinion should be read so all photographers are at least aware of the issues.

Here is the brief... Flickr, as you probably already know, is an online photo service that allows seemingly unlimited uploads of your photos.  It's great for showing others your work, including family, friends and whoever.  They make available to other companies, in this case MyxerTones... the use of the photos you upload through sharing of their Application Programming Interface (API: not to be confused with Atmospheric Pressure Ionization).   

Flickr is allowing 3rd party companies to access your photos while disregarding any copyrights that may apply.  This is a HUGE problem.  Hopefully this issue, with the help of TWIP and other organized photographers gets some traction.  Perhaps it will raise awareness and affect some positive change. 

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There are a number of different schools of thought about how to know when a commercial release is needed when shooting photography.  The only hard and fast rule I can suggest is for you to answer the question, "Will this photo ever be used for advertising or to promote a commercial product?"  If the answer is "Yes" then you will certainly need a model release.  Now, remember, the following is good advice, but it isn't legal advice because I am not an attorney.

Here's the Rule:  You are not allowed to profit through advertisement from a person's likeness without their consent.   Therefore, if a person's face is visually identifiable then they must be compensated in some form or another.  This type of trade is called Consideration or Consideration In Kind.  Essentially, you are trading with your photographed subject something of value in exchange for the rights to their likeness.  The model release is simply written proof that your subject has been compensated and you own the rights to their likeness.  I've heard of photographers that shoot regularly using a single dollar bill to exchange for a release of rights.  In the case of regular models, they receive a paid wage.  If you are working with a client that is paying you for prints you can consider throwing in an extra print.

The primary intent of stock photo exchanges are to sell to commercial customers for advertising, so naturally you will need a model release.  When you sell your photos to them, or rather release your photos to be sold to their customers, you are transferring the same permissions and licenses to the stock company that your subject transferred to you.  Furthermore, any stock photo agency, like I-Stock Photo, will probably have their own model release with their own language on it that is required as well, not in addition to yours, but in place of.  So it's important to have an end plan for your photographs before you being so that you can obtain the appropriate model release.

Now, as for selling pictures without a release.  You may in fact profit from your photographs if they are not used in advertisement for thing commercial and they are obtained legally.  That means shooting candid photographs in Central Park, printing, and selling as art is allowed.  Taking photos of your clients paid clients for prints they ordered is absolutely allowed without a release.  But, if you plan on using your photos on your own website, or for display in your gallery, you should consider a model release, since your subject's likeness is now representing or advertising your business.  So there you have it.

Here is a Model Release I created for you.   Feel free to copy it and create your own with your company name and logo and whatever mods you feel necessary.

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There are literally hundreds of reason why you SHOULD NOT start a business in college. I would like to point out 5 of the most obvious ones.

1. You almost certainly have less debt now, as a student, than you will have at any other time in your life.

2. As a college student, you are probably a risk taker. You should wait until you have a family and are more encumbered by obligations and mortgages before you start your business. That makes things a lot easier.

3. You are surrounded by students who are hungry and willing to work for relatively low pay. You definitely need to wait until your network consists of corporate guys who require 60K+ a year to help you out.

4. You might be able to get college credit for developing your business. I'd recommend waiting until that's not an option.

5. And the last reason you shouldn't start a business in college is that you might end up succeeding like other companies that were founded in college. (Dell, Microsoft or Facebook for example).

If this list doesn't convince you to start a business in college, then you are not picking up on my sarcasm. Hopefully you can tell that I am absolutely, 100% sold on the idea on college students starting their own businesses. Here's why I whole-heartedly believe that college kids should follow their dreams, while still in school:

Most post-college adults have been tainted by the corporate world. They have been taught, if not directly, then definitely indirectly, to fit in "the box." Corporate America is the biggest builder of boxes on the planet. Before you get forced into it, follow your untainted dream and start that business you have always wanted. Young students are usually more open to new ideas, they're more innovative and usually more willing to try new things. You couldn't ask for better breeding grounds for dreams, originality, or "outside the box" thinking.

Colleges are overflowing with willing and helpful professors, encouraging peers, libraries, study groups and online databases for business research. What more could you ask for?

When the 3rd grader told Billy Madison that he couldn't wait until he got to leave school, Billy grabbed the young kids face and said, "Don't you say that! Don't you ever say that! Stay here! Stay here as long as you can!"

Now, I don't think you should stay in college as long as you can, but since you are there, you might as well take advantage of the resources that colleges offer and launch that startup you've always dreamed of; unless of course you don't want to end up like Facebook!

When you first start out you will shoot everything. There is no way around it. You will shoot anything that you can, weddings, portraits, children, landscapes. It's a very normal progression, in some ways, a rite of passage. Even Ansel Adams had to shoot portraits. The problem is: you cannot be successful in today's highly competitive industry if you are a generalist. You have to create a unique niche. You must specialize, specialize, SPECIALIZE. And eventually your niche will find you.

Be Selfish

In order to become a great photographer you have to be a bit selfish. You need to shoot what interests you, things that you are passionate about. That is how you will decide what area of photography you will specialize in. When you are interested in your subjects, you will discover a deep well of creativity and passion inside of yourself. It will be apparent in your work and others will see it and admire it, because you will leave a bit of yourself in your work. On the other hand, if you are shooting assignments that do not interest you then your photographs will be lacking of substance. You will not create a market for your work and you will not attract clients to you.

Others Before You

There are a number of common and quite well known fields of photography and I will list them here: photo journalism, documentary, events, wedding, editorial, fashion, portrait, children, fine art, sports, nature, food, and commercial. These areas are fairly saturated as far as the number of photographers that make claim to each field. That does not mean that you cannot carve out a niche within these markets. In order to be distinguished in these fields you must make your mark, you must do something different. Here is a personal example; Leslie Fiet, a phenomenal photographer, attracts clients with a signature close up of the brides eyes, looking over the wedding bouquet. What makes this shot special is that the picture is entirely her own. A bride can simply point and say, "I want that." In a very simple way, Leslie has set her work apart from other photographers in a competitive field.

Blazing the Trail

Sometimes you must part with traditional methods and markets to make your own way. Most recently, popular new areas of photography include: lifestyle, pets with owners, pregnancy, social or Americana. Many of the old niche markets have also evolved: wedding now includes bridal, engagement, and even honeymoon. Portraits now include seniors, graduation, corporate executives, and social networking aids. Sport photography now includes drama clubs, swimming, gymnastics, and every sport conceivable. Don't be afraid to part ways with conventional ideology and etch out a new market. Being successful is as simple as finding a need and filling it.

Making Your Mark

The more specialized you can become the better you will set your work apart from others. It helps you brand yourself and build a basis to generate revenue. The more specific the better. When you've created a look that is uniquely your own, customers will see out exactly what you will produce for them. It allows you to raise your prices to increase your profits. When you are here, you know you have made it.

When you start your photography business, you need to make sure that you take the necessary steps to set it up properly. This includes incorporating, getting the right licenses from your state, county and/or city, registering with directory assistance and the hundred other compliance issues that need to be taken care of before the doors open.

Be patient. Don't cut corners. Do it right the first time and your customers will see you as a legitimate business.