Legal
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Protecting Your Leased or Consigned Photographs
   
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Full Circle
When the founding fathers came to draw up a constitution, although all of them had been born and bred in what Thomas Jefferson described as the orthodox doctrines of British liberties, they necessarily found but .....
Photographers often lease artwork to businesses or sell photos on When the founding fathers came to draw up a constitution, although all of them had been born and bred in what Thomas Jefferson described as the orthodox doctrines of British liberties, they necessarily found but .....
consignment. But if the business or gallery goes bankrupt, your photos
may become part of the bankruptcy estate. The creditors of the business
or gallery then may seize your work without further obligation to you.
Some states have enacted laws to protect photographers in these
specific instances. For example, the Uniform Commercial Code [UCC]
has been enacted in some form in every state. Check with your local
attorney to determine whether your state has adopted the specific UCC
provisions that will protect your consigned goods from being seized.
Other states have passed laws purposely to protect consigned goods.
Many of them require the consignment agreement to be in writing.
Following are some necessary and other helpful items to include in the
agreement:
-who is responsible for damage to the photographs
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The Sarbanes-Oxley Act, also called the Public Company Accounting Reform and Investor Protection Act of 2002 was signed into law on July 30, 2002 by President Bush. In .....
-prices to charge for the photographsThe Sarbanes-Oxley Act, also called the Public Company Accounting Reform and Investor Protection Act of 2002 was signed into law on July 30, 2002 by President Bush. In .....
-specific list and description of the photographs being consigned
-the gallery's fees and responsibilities
-the requirement that the gallery post a sign that the goods are
consigned
It may also help to include a clause in the consignment contract that
states: If any lien, attachment or bankruptcy petition is placed against
the Gallery, this Agreement shall terminate immediately and the Gallery
will return all of the Photographers works to the Photographer. If the
gallery files bankruptcy or becomes insolvent, get a lawyer to help you
protect your property.
Take my advice; get professional help.
PhotoAttorney
Copyright 2005 Carolyn E. Wright All Rights Reserved
--- ABOUT THE AUTHOR ---
Identity Theft Scams
Identity Theft scams continue to flourish on the web. One that you need to be aware of and beware of is any site that seems to be selling high-demand items (digital cameras .....
Carolyn E. Wright, Esq., has a unique legal practice aimed squarely at Identity Theft scams continue to flourish on the web. One that you need to be aware of and beware of is any site that seems to be selling high-demand items (digital cameras .....
the needs of photographers. A pro photographer herself, Carolyn has
the credentials and the experience to protect photographers. Shes
represented clients in multimillion dollar litigations, but also has the
desire to help new photographers just starting their careers. Carolyn
graduated from Emory University School of Law with a Juris Doctor, and
from Tennessee Tech Univ. with a Masters of Business Administration
degree and a Bachelor of Science degree in music.
She wrote the book on photography law. 88 Secrets to the Law for
Photographers," by Carolyn and well-known professional photographer,
Scott Bourne, is scheduled for fall 2005 release by Olympic Mountain
School Press. Carolyn also is a columnist for PhotoFocus Magazine.
Carolyn specializes in wildlife photography and her legal website is
http://www.photoattorney.com