Release forms.....

[DegasGoneDigital]

My G/F brother is a coach for junior football. He asked the head coach of the Jets ( 5 levels of teams ) if I can photograph the teams playing and post on Smugmug for sale. The head coach said it was ok.

1. Do I need releases signed by the parents of the Jets players?

2. Do I need releases from the other team players parents that will be in the pictures also?

3. What would be the worst case scenario for Me and the Jets team without releases from other teams?

Thanks...

[wfcs1962]

I have been shooting youth league football for a long time since my 23 year old son was in it, I have been posting shots on the web for sale. I never had to get a release from anyone. You are at a public event so no release is needed.

[DDCSD]

You are at a public event so no release is needed.


I just want to clarify. No release is needed, but its not because it is a public event. The reason you don't need a release is that you're not using the photos commercially (e.g. advertising).

[jmcder53]

hate to hijack....i have similar question regarding live band photos. i've posted some on my facebook myspace page. do i need permission to post on this site for critique?

[DegasGoneDigital]

Thank you Guys, I just want to make sure. The Coach is getting the parents to sign a permission form just so we are covered....

Do I need a business license or permit from the counties to take pictures for sale on the web??

[Tigershark]

if your make a sale then you will need to pay the state sales tax, here in KY business have to have a sales and use tax number before making any form of sale so and we have to make quarterly payments to the state for Sales tax, check with an accountant

[Mike R]

I'll just add that if a parent asks you to remove the photos of their child, you should. However it's unlikely to happen. Most parents want to see the shos of their kids (even if they don't buy). Hope you have a great season.

[Mike R]

if your make a sale then you will need to pay the state sales tax, here in KY business have to have a sales and use tax number before making any form of sale so and we have to make quarterly payments to the state for Sales tax, check with an accountant

Same as in CT but if you sell through Exposure Manager or any other site which is not located in your state, you don't need to worry about it because of the way the agreements are between the site and photographer. I only pay collect/pay sales tax on orders that I hand deliver.
You should verify this with a CPA in your state. Some states are trying to stop this practice.

[eigga]

I would also say that asking for legal advice on a photography forum is not the best way to get solid info... if you really want to be safe in your decisions get a lawyer.

[DDCSD]

Same as in CT but if you sell through Exposure Manager or any other site which is not located in your state, you don't need to worry about it because of the way the agreements are between the site and photographer. I only pay collect/pay sales tax on orders that I hand deliver.



This is correct.


You should verify this with a CPA in your state. Some states are trying to stop this practice.

The customer is technically responsible for paying use taxes on items that they purchase from out of state when the company they purchased from did not collect sales tax. This is also true of anything purchased from out of state (like camera gear purchased from B&H when you don't live in NY :)).

[DegasGoneDigital]

Thank you everyone.....

[DonW]

If you dont mind a suggestion. Alot of parents especially parents of girls dont want photos of their kids to be on the internet. If you can lock photos by team or event and have a password that is given to the coaches it would put alot of parents mind at ease.

Don

[eigga]

If you dont mind a suggestion. Alot of parents especially parents of girls dont want photos of their kids to be on the internet. If you can lock photos by team or event and have a password that is given to the coaches it would put alot of parents mind at ease.

Sounds simple, but how do you know who is safe to give the password to? Passwords are a logistical nightmare IMO ...

[DDCSD]

Sounds simple, but how do you know who is safe to give the password to? Passwords are a logistical nightmare IMO ...


I agree, and it would turn away a huge number of potential buyers. I've never had anyone so much as mention having a problem with the photos being on my website and I've got a few thousand of kids' photos on it.

[Mike R]

Two years ago, I had a problem where a person tried to order $250 worth of prints form a cheerleading comp, all of middle school girls, from 4 different schools and none were from his state. I canceled the order & called his home, the woman who answered denied that the person ever ordered photos. I told her that he needs help and if he ever tried to order form my site again I would notify the authorities.
I still will not use password protection for all the reasons mentioned in the above posts. It's easy to tell if a person has no right to ordering photos.

[jmcder53]

alot of good info.....why do taxes have to be so confusing.......

[Mike R]

alot of good info.....why do taxes have to be so confusing.......

To keep the CPA's employed

[DDCSD]

[/b]

To keep the CPA's employed

And to keep the politicians in power. ;)

[jmcder53]

so you are supposed to pay taxes on mail-order stuff?

[DDCSD]

so you are supposed to pay taxes on mail-order stuff?


If your state has a sales tax odds are they have a use tax.

Here's the State of Mississippi's FAQ on the subject:
http://www.mstc.state.ms.us/info/faqs/UseFAQ.pdf