What qualifies you as a "freelance" photographer?

<p>What is a freelance photographer specifically? How does this compare to being a photographer who owns and operates their own studio and/or on-location photography business? **Specifically I'm asking about portrait/wedding photography** What qualifies you as a freelancer?</p>

<p>A photographer who owns their own business is a freelancer. This just means that you aren't employed (an employee) by the person you are shooting for.</p>

<p>Then wouldn't you be an entrepreneur? Is there a difference?</p>

<p>Yes and no. It has to do with the nature of the way you work. But you are a freelancer if you hire yourself out to others to do work as an independent business.</p>

<p>I would have thought that free lance indicates that you are taking photos for yourself on speculation that somebody will want to buy them subsequently. Such as when people take stock photos and offer them through a stockshot agency etc. <br>

The moment you enter into an arrangement/contract, verbal or written, you are being employed. Since you are employed now to cover that wedding I think it is important that your contract states that you can use the photos for at least self promotion.<br>

I think once you are employed the copyright of the photographs rests with the employer and not you ...I don't know American law but that is my understanding of my local situation. Though it is normal for the photographer to have the right to be the sole supplier of prints etc. Though I guess if the photographer is paid a generous fee to attend they have less interest in sales and may provide a CD [whatever] for the clients to organise their own prints, not really a good idea IMO.</p>

<p>Don’t know how the term “freelance” is interpreted in Northwest of the USA, but here: I was a freelance photographer AND at the same as being freelance I was an employee of a business AND at the same time was a director of that business which employed me.</p>

<p>With respect to being an employee – the business (our company) owned the work I did for the company and the company, paid me a salary as an employee.<br>

With respect to me being the director of that company - the company paid me a fee for being a director.<br>

With respect to me being freelance – I could take on assignments as “me” and be paid for same, by a third party; in this case I “owned”* the images I made. (*some exceptions, but not relevant to this conversation)<br>

With respect to being an “entrepreneur” – to me that’s a fancy term for “sales and marketing of one’s business” – my Brother-in-Law (who was exceptionally good at this) referred to this “as getting out there every waking moment and throwing the sh t against the wall . . . until some of it sticks.”<br>

With respect to working “on spec” (speculation) – a lot of freelance work is like that here: but that act is not defining “freelance”.<br>

With respect to entering a contract of work – here, that does not define being employed (i.e. an employee) – being “employed” / being “an employee” requires other elements to be present: not just entering into a contract with a Bride for example: I cannot be sure what “being employed” means technically in the USA, but I would be interested to know if one is “employed” in the sense of being “an employee", simply if one signs a contract to cover a Wedding, for example . . . anyway that is all on the side platter conversation. </p>

<p>With respect to legal documents my “Occupation” is “Company Director”, because it is the broadest, all encompassing descriptive of what I do and defines most simply how I am able to buy Mars Bars, Espressos and Glenfiddich – all of which are necessaries of this life.</p>

<p>***</p>

<p><strong>Why does a precise definition of / qualifications for “freelance” matter to you?</strong></p>

<p>WW </p>

<p> </p>

<p>Is there a particular reason you're concerned about the definition of "freelancer," Jamie? It's not a term with any legal implications. If you aren't a regular employee of a company and you are providing creative services you can consider yourself a freelancer. I, for example, am a freelance writer and editor (sometimes photographer), even though I usually work out of my own (home) office and I often create works-for-hire to which I do not retain copyright. Having a contract doesn't mean you're NOT a freelancer. In the USA, it's what's in the contract that determines whether you are a freelancer (a/k/a independent contractor) or an employee.</p>

<p>I doubt that many people who have employees working under them would consider themselves freelancers. Freelancers usually work alone or with partners. (I could be wrong about that, but that's my observed experience.)</p>

<p>(I have cross-posted with William W!)</p>

<blockquote>

<p>“In the USA, it's <strong><em>what's in the contract that determines</em></strong> whether you are a <strong><em>freelancer (a/k/a independent contractor</em></strong>) or an <strong><em>employee</em></strong>.”</p>

</blockquote>

<p>Yes. Thanks you have answered my question. That’s what I thought was the case in the USA – similar here.</p>

<p>***</p>

 

<blockquote>

<p><strong><em>“I doubt that many people who have employees working under them would consider themselves freelancers.</em></strong> <strong><em>Freelancers usually work alone</em></strong> or with partners. (I could be wrong about that, but that's my observed experience.)”</p>

</blockquote>

<p>Yes here also: generally one is a “freelancer” OR an "employee". <br>

For clarity, the point about my post was to indicate that one could be “an employee” AND also “freelance” (on the weekend) for example; or another case would be one could be an employed Teacher / Lecturer of Photography and also a freelance photographer.</p>

<p>***</p>

 

<blockquote>

<p>(I have cross-posted with William W!)</p>

</blockquote>

<p>Yes I like it when that happens; it’s like a thought bomb going off simultaneously; the practice here is to lock little fingers (with each other) and make a wish.</p>

<p>WW</p>

<p>Your responses have been much helpful to me! Thank you. I am interested in the terminology of "freelance" because if I am going to start advertising myself as a "freelance portrait photographer" I want to be accurate in the title for what I wish to do. I did know that in the US you can freelance AND be an employee at the same time. But I was worried about the legality of being a freelancer (particularly concerning taxes and permits.) <br>

Let's assume that 5-10 years down the road I am working as a freelance photographer and am making a reasonable amount of profit. Is this considered "under the table" cash? I wouldn't have a studio yet so I don't need a business license...right? How, if at all, would I go about paying taxes?</p>

<p>Whether you need a business license even without a storefront/studio, as either a beginner or seasoned pro, will vary from location to location. You'd have to check with your state and/or local town/city office. Whether you call yourself a "freelance photographer" or something else has no bearing on that situation.</p>

<p>Regarding taxes... I am neither an account nor a lawyer. Nevertheless, I will say that I have always declared as self-employment income every penny I've ever made as a freelancer and kept proper business records as well. Doing otherwise would be unwise.</p>

<p>(William, your post made me smile! I won't tell you what I wished for, lest it not come true. ;-) )</p>

<p>"Freelance" is when you only get paid if the pictures or story sell, and you get no fringe benefits.</p>

<p>It is a concept not unrelated to what is called "piece work" (see "sweating system").</p>

<p>that's the advice from me too - check the local authorities re licences and permits etc. . . if "freelance" is causing you concern, why not just refer to yourself as "photographer" in those forms . . . in any event I except that the "occupation" or "main business purpose" part of these forms, is very loose.<br>

as for advertising yourself: use "freelance" if you wish, that should not interfere with (for example) a description on your tax return as "occupation = photographer”.<br>

and I cannot see that there are many laws the USA which disallow you working as a “freelance photographer" on the weekend - if you are employed as a brain surgeon, or plumber during the week . . . providing you properly declare the income from all.</p>

<p> <br>

that's the advice from me also re keeping records and declaring income</p>

<p>(that's the rules here too - never disclose the wish.)</p>

<p>WW</p>

<p> </p>

<blockquote>

<p><em>" "Freelance" is when <strong>you only get paid if the pictures or story sell</strong>, and you get no fringe benefits."</em></p>

 

</blockquote>

<p>ah hah!</p>

<p>The world is changing . . .</p>

<p>Much of my "freelance" work - the stuff published in newspapers and their online sites - attracts neither payment, (from them) nor any finge benifits (from them) - just a lot of "glory" in the by-line.</p>

<p>WW</p>

 

<p>WW-<br /> Then you are not "freelance", but are rather a "philanthropist". :)</p>

<p>Even Peter Parker got paid a little.</p>

Freelance means that (a) you are in business for yourself and (b) you don't have an exclusive arrangement with one

client. You could be in business for yourself, but if every photo you take is bought by Macy's, for instance, and you

are working as their contractor, then you probably wouldn't be considered a freelance photographer.

<p>Haha!<br>

JDM: ..."pro bono" works for me .... <br>

or I ledger it as "marketing",<br>

Best to you,</p>

<p>WW</p>

 

<blockquote>

<p> the practice here is to lock little fingers (with each other) and make a wish.</p>

</blockquote>

<p>Excellent idea. Where is <em>here</em>?</p>

<p><strong>What qualifies you as a freelance photographer?</strong></p>

<p>You will become a freelance when you have had more than three questions posted in the Business Forum.</p>

<p>The first three questions will be:</p>

<p>1) Does the person I just gave my photos to and told them they could use them, have the right to publish them without asking me?</p>

<p>2) What do you mean 'contract'? I just did as we discussed but now they're not happy and are saying our agreement was for more work. What can I do about it?</p>

<p>3) Is $25 a reasonable price for a professional portrait session 150 miles away from where I live? Should I include all the RAWS on a dvd as well as all the retouched 16 bit tiff files as they're requesting?</p>

<p>For those of you yet to find the answers to these nuggets of wisdom, come come come - seek and ye shall find.</p>

<p>For those of you already in posession of 'the knowledge', thank you for joining our professional body.</p>

 

<p>Where is here? When I wrote it, I was at <a href="../photo/9786017&size=lg">Rose Bay </a>- drinking my morning espresso.<br />But, more generally, <a href="../photo/11164433&size=lg">Sydney</a>, AUS.<br>

But I think it is also a bit of an old family inherited thing: mostly confined to the anglo/convict lineage - all the rough-nuts the Brits threw out.<br />Thanks for the nice comment.<br>

WW</p>

<p>Very witty, JMacP, very witty indeed. . . :)</p>

<p>While I do a lot of photography, my day job for the past three decades has been as a writer, for what that's worth in defining what a word means. "Freelance" is not to my knowledge a legal definition. It simply means that you are independent and will work for whoever hires you as opposed to having one full-time job or a couple of part-time time jobs. In photography, the term is most often used by people shooting news, PR, advertising, commercial, etc., rather than weddings and portraits. It's also really a business to business term -- you might call a photo editor somewhere and say I'm a freelance photographer in Washington and I here you need somebody to shoot xxx next week. But I've never heard of anyone advertising themselves to the public as a freelance portrait photographer. I think people who do that work tend to see themselves as running a business -- they are provided a tangible, retail service and product to individual consumers. Business licenses and sales tax, etc., most places are oriented to that sort of business, particularly if there is a storefront studio. Freelancers working for newspapers, ad agencies, other photographers, etc., are not delivering a tangible product and more likely have to deal only with a 1099 form showing income.</p>

<p>Freelance = Self (or un-) employed.</p>

<p>Well, the online dictionary says: working for different companies at different times rather than being permanently employed by one company : a freelance journalist.</p>

<p>Thanks everyone! I think I have a pretty good idea now. :) Very informative.</p>

<p>Jamie,</p>

<p>The term "freelance" is normally used only in a journalistic context, i.e. taking photos for publication in newspapers or magazines. Although it probably could be used in other fields, since it has no legal definition, that is seldom the case.</p>

<p>If you're taking portraits then you're a "portrait photographer". You have a studio, although it may be on site rather than a formal sitting room. Adding the term "freelance" to that description imparts no additional information and just confuses everybody.</p>

<p>In common usage, a "freelancer" is somebody who starves to death taking pictures that may never be published by recalcitrant clients who don't want to pay for them in the first place. :D</p>

<p>Of course, some freelancers have won Pulitzer Prizes.</p>

<p>- Leigh</p>