Here we go on the questions I have not answered or purposely left partially unanswered. Some of these will go back a ways. I am clearing out all the old information and questions for security reasons. These are from the magazine site. I had no intention of posting them here but with the restrictions that had to be put back on I needed to clean things up.
Do you know where your infringers are and if not how do you send them notices? No I do not know where they are. There are a few that I do, like the real estate infringers, the corporate infringers all have sites, the biggest infringer with over 30 no I do not know and have no need to know. The people who will be handling things will find her. If not, things will proceed without her. She has chosen not to work on things. I will not hunt for her as I have no need. If she wants to be found or be involved she has ways to do that. There are procedures in place and they have already been discussed. The others on private websites or Pinterest type sites are being looked into as we speak.There is a section in the DMCA that says you can get a federal subpoena to get the information on any infringer. You can file for the subpoena and get all the information they have about the infringer which includes phone numbers, addresses, emails pretty much anything they have especially if it is contact information. Failure to comply is really not an option. I can file one with the Real Estate Company for the homeowner if I wish because she ok’d the photos to be infringed whether she aimed to do it or not. The big thing to remember here is intent is not considered. As far as the law is concerned, if you did it, you intended to do it.
Did you have to send 1099’s out for the company you closed? Yes, the new law practically made it mandatory. The fines for not sending one to someone that had over $ 600.00 worth trade, income, theft and other items are huge and it is mandatory. I had hours worth of discussions about the proper way to handle all of it. I talked to district people at H&R Block Corporate Services, I talked to 6 various agents for the IRS in 4 different departments from general to legal to 1099-Misc. I was told to send them and the IRS would deal with them. Yes they have departments like that. If you do that, keep their names and employee number. The number is coded so keep it handy. I have my set on paper, on disk and on the computer.
One note, unless you try to cheat them, the IRS is a good place to work with. They have their issues like everyone else. They also can be very helpful on what paperwork to fill out and how to do it. I recently had a conversation with a domestic attorney and filed an 8875 for tax liability issues. Nice thing is that they are required by law to discuss it with the other party so I gave them copies of everything I had concerning the 2011 taxes, emails that contradicted her forms, copies of insurance documents with signatures on them all which contradict her email and later statements. They are doing something I found strange by using a Florida address for the contact information.
How did the copyright issues get solved in the closing of the company? They were handled as required by law to be handled. Those that had been exempted or registered where assigned to the photographer who took them. If they did not notify the company then those were handled by state, Federal and corporate policies. I have mine; the others were not claimed as they were done work for hire so they were assigned differently.
What is happening in the diet area, the semi – vegetarian diet sounds boring? The article you wrote on your health issue being a problem with photography is now missing where is it? Yes, it is missing, I took it down. It was only posted on the magazine site as a way of showing that things do not have to slow you down. It has been about 18 months. I did not realize at the time that people would be interested, it was not for that. It was for you to get the idea that things take time and you do not have to sit on your butt even with something else going on. I still rode my bike almost every day, honestly there were days I almost had to call for help to get back. You learn to count on yourself. That is why I wrote it. It is also why I took it down. The vegetarian diet, well mostly vegetarian anyway, is going well. I am more a meat and potato type guy but over the last three years or so I have learned to do better.
Are you going to do a full article on nude photography? I am a working mom and some of the women like the ideas you put up. I was thinking about making some extra money doing it so they can give them to their husbands. Believe it or not it is one of the biggest groups of questions I get. On some days it is more than 50 percent of the traffic on usedview.com. I have not covered it very much on here but it may be time. I get people from very remote countries reading and that is what brings them. So you take care of the readership. I will do a much more extensive article or two on the subject as it seems to be a hot topic. I may break it into young and not so young women as there is a difference in the way you shoot them.
What accounting software do you use? None is the best answer. Of course I do the accounting using software but I would never tell you what to use in your company. It really does not matter much as almost all of it can be used. The one hint I will give you is that selling prints means sales taxes and selling licenses is exempt to sales tax in every state I checked. It is more proof that they are not the same thing. Of course if you sell both you need to get the license or pay the price.
Why do you use Nikon? I like them. Here is the story, I started with the little box camera by Kodak, went to Polaroid. My brother brought home some Canon equipment from Vietnam. I got a 35 mm when I worked at Sears Photo Department. It was a Ricoh. Nice camera. My next camera was Pentax K1000, nice camera for the money. When I started getting paid for shooting I “upgraded” to the Canon cameras and bought a Canon AE-1. What a bad decision. I acquired my Nikon equipment through buying some, bartering furniture refinishing and other odd type jobs. I was really planning on selling the Nikon equipment. I went on a shoot with just the AE-1 and the Nikon F as a backup. Long story short, the AE-1 failed and I was lucky I had the Nikon as the backup. I lost a couple of shoots later because of camera failure with the Canons. I sold them and changed everything to Nikon and have not looked back. I have never had a Nikon failure until two years ago and it was a card loading error by someone else who bent the pins and cost a little bit of money to get it fixed. I also love the way they feel in your hands, the lenses are great and I can use 20 year old lenses with them. Let’s face it; they are not bad cameras just like the Canons are not bad. If you have the lenses and are comfortable there is no reason to change.
Do you print your own images? I did, I do not now. I do not sell many images so it was not cost effective to do that. I had several printers. At one time right before going to Colorado I had about $5000.00 tied up in printers. By the way check your insurance, they are not normally covered. My large Epson printer had big ink cartridges and printed huge photos. They were quite nice, but the ink cartridges were very expensive. One complete set of refills were close to $500.00, yes I said five hundred dollars. Pro equipment is not cheap, but you do get what you pay for.
How is the book coming along? Are you going to use some real people? The book is coming along fine. Actually pretty good. I am seriously thinking about using real people and names especially after a hearing in Federal Court. Could I be sued, yes, would they win, probably not. That is not what the book would be about anyway. It is about the process and how infringers play it.
Disclaimer: I am not an attorney. These are my opinions and general information only. This not legal advice and should not be used as such