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Anyone can take a photo, but can anyone be a photographer? The answer depends on the dedication and time you’re willing to invest in your craft. The same principle applies to starting a photography business. If photography is your passion and not just a hobby, starting a business involves more than just taking pictures — it requires attending to several legal matters.
The legal requirements of starting a photography business might seem daunting, but with the right help, they can be managed with relative ease. This allows you to focus on honing your craft without worrying about legal troubles — a common struggle for many creatives. Keep reading to learn more about how to start your own photography business.
How To Start A Photography Business In Australia
To launch your photography business in Australia, there are several important steps you need to address before you start creating awesome portraits. From acquiring the necessary equipment to registering your business and ensuring it’s legally secured, starting a photography business requires careful planning.
Let’s take a closer look at the key steps you need to follow to start your photography business.
Conduct Thorough Research
Gather your photography equipment. Write down your ideas. Understand your market. To start a photography business, you need to have the right set up, editing software, workspace, and knowledge of the industry. As excited as you might be to start your photography business, it’s important not to rush things and make sure you’re well prepared.
Create A Business Plan
Creating a business plan doesn’t need to be a complex task, a simple business plan will do just fine. However, it’s important to have one. Your business plan is the blueprint of your photography business – it contains your research, strategies, goals, ideas, financial plans and anything else relevant to your photography business. A good business plan can help you stay on target and make sure you don’t miss anything important.
Do I Need To Legally Register My Photography Business?
Yes, for your photography business to be a legal business, it needs to be registered with the right government agency. Business registration isn’t just a menial formality. How you register your business will form the foundations of your photography business. Therefore, it’s important to properly understand your options and make choices that are right for the future of your business.
Choose A Business Structure For Your Photography Business
When starting your photography business, one of the most significant decisions you will encounter is determining the right business structure. The most common business structures are:
- Sole Trader
- Partnership
- Company
Each business structure comes with advantages and drawbacks. Even though a company is more complicated and a bit time consuming to set up, it offers legal protection. Company structures limit your personal liability because a company exists legally separate from you. As an independent legal entity, a company can own property, earn a profit, go into debt and much more all on its own.
A sole trader and partnership business on the other hand, don’t offer the same level of legal protection. Sole trader and partnership business are attached to you personally. There’s always a level of risk when registering business as a sole trader or partner, as a single misfortune in your photography business can impact you personally. However, the set up process for a sole trader or partnership business is relatively quick and simple.
If you’re a photography business is s serious commitment, then a company structure is always recommended. If you have any questions, then it’s always a good idea to chat with a legal expert for further clarification.
Register Your Photography Business
After you’ve carefully considered the right legal structure for your photography business, it’s time to register it. As we noted above, different business structures have their own registrations process.
To register a company, you need to fill out an application with the Australian Securities and Investments Commission (ASIC). There’s a number of legal requirements for registering a company, such as determining your company governance, the type of company you will be registering as well as who your directors and shareholders will be.
Moreover, running a company comes with some ongoing reporting and compliance measures (we’ve written more about those here). As such, it’s better to have the help of a legal expert when registering your company. A legal expert can make sure your company gets set up the right way and explain your legal obligations, so you’re all set to run your new photography company.
A sole trader and partnership business structures have a much simpler set up process. To register as a sole trader, you simply need to acquire an Australian Business Number (ABN) which can be done online. If you’re going to be using a business name that’s different from your personal one, then your next step is to register an available business name.
For partnership business, you will need to get an ABN for the partnership. Unless the business name is going to be the personal names of the partners, then a business name will also need to be registered. Partners may also want to secure their partnership by getting a Partnership Agreement drawn up.
Get The Necessary Licences And Permits
Once you’ve successfully registered your photography business, it’s important to acquire any other registrations, licences and permits you may be required to run your business. Local council rules should be considered – you may need permission before taking photos in a certain location, so licences and permits will likely be something you need to constantly revisit to make sure you’re keeping up.
Protect Your Intellectual Property
For any creative business, protecting intellectual property (IP) is key in running a long and successful venture. There’s various types of intellectual property and different ways to protect them. For instance, a logo you’ve designed for your photography business can be registered as a Trade Mark. However, other forms of IP may need to be secured through legal documents such as a Copyright Disclaimer or an IP Licence. Talking to a legal expert about protecting your IP is the right way to go, as they can provide advice that’s catered specifically to your photography business.
Are There Any Other Legal Considerations For Starting A Photography Business?
Business registration, licences and IP aren’t the only legal considerations you will need to take into account when starting a photography business. There’s a few more legal factors to be considered to help protect your photography business and ensure it’s a legally compliant organisation.
Photographer Terms And Conditions (Plus Other Legal Documents)
When you’re running a photography business, the right legal documents will determine how clients can interact with your photography business. Two crucial documents you need are a Business Terms and Conditions and a Model Release Form, which we offer together in our Photographer Terms And Conditions Package. These terms ensure timely payment for your services, limit your liability in case of equipment failure or illness and clarify the ownership and usage rights of photographs. They help prevent disputes by making sure both you and your clients are on the same page.
Aside from photographer terms and conditions, there are a few other legal agreements might want to consider getting to safeguard your photography business:
Employment Agreement: When hiring staff, it’s necessary to have an agreement that highlights the rights and responsibilities of both parties.
Privacy Policy: If your photography business has a website that collects information from its users, then you’ll need to have a privacy policy according to Australian privacy laws.
Non-Disclosure Agreement (NDA): Keeping information private is necessary when running a secure business – NDA’s help maintain confidentiality.
Legal Compliance
Legal protection of your photography business also includes legal compliance. Following the relevant rules and regulations means your business stays out of trouble and maintains a good reputation in the community. The exact laws you need to follow will depend on the specifics of your photography business however, we’ve listed a few you may want to keep an eye out for below:
- Industry rules and regulations
- Employment laws
- Intellectual property law
- Data and privacy law
- Australian Consumer Law (ACL)
To know more about which regulations are likely to apply to your business and the steps you need to take for legal compliance, chat with a legal expert today.
Key Takeaways
Running a photography business is a creative endeavour, but it’s crucial to address the technical legal aspects to secure your business. Seeking expert help ensures you have the necessary legal protections in place. To summarise what we’ve discussed:
- Starting a photography business requires careful planning, including acquiring the necessary equipment, registering your business, and ensuring legal compliance
- Conduct thorough research to understand the market, gather equipment, and develop your business plan, which serves as your business blueprint
- Legally register your photography business with the appropriate government agency, considering the pros and cons of different business structures (sole trader, partnership, or company)
- Obtain the necessary licences and permits, which may include permissions from local councils for certain photography locations
- Protect your intellectual property (IP) by registering trademarks and securing copyrights through legal documents
- Use essential legal documents like a photographer terms and conditions to ensure timely payments, limit liability, and clarify ownership rights
- Ensure legal compliance by adhering to industry regulations, employment laws, IP laws, data and privacy laws, and Australian Consumer Law, seeking expert advice as needed
If you would like a consultation on starting a photography business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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