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LICENSE FACTS for the PRO
While state , county and municipal governments require individuals engaged in the operation of a photographic studio or shop to have certain business permits and licenses , do you know whether your state has a specific licensing law covering professional photographers ?
WHILE ONLY A handful of the 50 states have licensing laws on their books for professional photographers , every so often there are attempts made by legislative bodies to regulate the field . Most of the laws have been found to be unconstitu tional for one reason or another and have been knocked out of existence .
However , there are eight states that do have license laws , while others contemplate introduction of some form of regulation . The inception of many of these legislative attempts to license photogra phers stems from professional photographers al ready in business . Because competition is hurting them in the pocketbook , they set up a hue and cry for a licensing law which will reduce or completely eliminate all competition for themselves .
These are selfish interest laws and , in most every instance they have either been defeated or have been ruled unconstitutional . Yet , they keep being brought up and anyone freelancing or operating a photo business must always keep alert to what their state legislatures are doing .
In a survey conducted by the School of Modern Photography and Photo Market Survey , it was found that forty - two states and the District of Columbia do not have licensing requirements . The remaining eight Alabama , Delaware , Louisiana , Mississippi , North Carolina and Virginia have legal statutes which cover all photographers making pictures for resale and , a state professional license is required . The other two states Vermont and Maine , have laws on their books that specify only itinerant photographers .
Licenses for the professional photographer be come more complicated after the state level as you delve into the licensing requirements , fees , permits , special taxes , sales taxes of counties and cities . These can affect both the resident and transient profes sional photographer .
Basically , these are general licenses covering all types of businesses including the professional pho tographer . They are , however , seldom legally word ed specifying the professional photographer .
Within each state , counties and municipalities control their own taxing and licensing programs which can change as a need arises . The hundreds of different and special situations ( which vary con stantly ) , plus the possibility of penalty fines if the professional does not have the proper permit , cer tainly cautions the photographer to always know exactly what is required by the county and city where he is working .
License definitions vary
To give you some idea of the widely varying legal structures , here are a few of the more inter esting definitions the professional photographer faces . While Maryland reported it requires no pro fessional photographer's license , under certain in stances photographers might have to obtain it's Trader's License . Article 56 , Section 32 , Annotated Code , 1957 Edition , sets forth : " No person or cor poration , other than the grower , maker or manu facturer , shall barter or sell , or otherwise dispose of , or shall offer for sale any goods , chattels , wares or merchandise , within the State , without first obtain ing a license . . . .
Arkansas stressed its 3 % excise tax upon the gross proceeds , or gross receipts , derived from all sales to any person which covers commercial photography : " All the services of a commercial photographer including consultations , planning layouts and selec tion of props which were essential to the making of pictures for customers are included in the term photography of all kinds ' , as used in subsection ( d ) of this section and , the total charge is subject to the gross receipts tax , even though the customer was charged separately for the services and the pictures ... "
Florida , in confirming no statewide licensing of photographers law presently in effect , also explained that most of its counties and municipalities have levied occupational taxes which are considered as revenue raising and not regulatory . North Carolina refers to its state license as " a franchise or privilege license for photographers and others to practice their profession .
FREELANCE photographers may legally need a license in eight states having laws for pro fessional photography . Photo from Zeiss / Ikon .
Michigan explains , " The making of photographs for sale is an industrial process and tangible per sonal property used and consumed directly in the process is not taxable , except as hereinafter pro vided . The making of photographs as part of crea tive advertising where the photograph has no in trinsic value and is not intended for use other than reproduction involving creative treatment in com position , arrangement , camera angle and effect , where the skill of the photographer is imaginatively engaged in achieving a result beyond the mere iden tification or record of the object photographed , is a service and the furnishing of the print is not to be considered a sale of tangible personal property . Materials and supplies purchased by such creative photographers and consumed in the process of creating such photographs are taxable " .
License fees paid by the professional photogra pher vary from an annual set fee to a sliding scale fee . Louisiana , for example , starts its photographer license fee at $ 5.00 ( based on minimum gross re ceipts up to $ 1000 ) , and raises it in graduated steps up to $ 2000 for annual gross receipts over $ 1,000,000 .
Mississippi bases its photographer license fees on its classification of municipalities in which the pho tographer operates . The scale ranges from # 1 through # 7 . Photographers engaged in the business of photography ( including any or all of the pro cesses , thereof ) , pay $ 20 in municipalities of Classes # 1 and # 2 . Municipalities classed # 3 , # 4 and # 5 have a levy of $ 10 while a $ 5 fee is charged in municipalities in classes # 6 and # 7 - and elsewhere in the county .
Mississippi has coupon law
For persons engaged in the business of selling , delivering or handling photographic coupons , cer tificates or other devices used as or , in exchange , on photographs , or making and developing such photographs in the state and developing out of the state a fee ranging from $ 10 to $ 25 is charged based on the municipal class .
Mississippi also requires traveling photographers , transient vendors , to furnish in advance of any soli citations to the municipality where the solicitations are contemplated , a good and sufficient penal bond in the amount not to exceed $ 1,000 . ( Laws of this type are aimed mainly at the door - to - door baby portrait field , school pupil contracts and similar photo offers Ed ) .
Vermont charges $ 10 for an itinerant photogra pher's license , explaining an itinerant photographer as being one operating within the state but who has no regularly established place of business in the state . A penalty fine of $ 100 can be levied against a pho tographer from out of the state who does not have an itinerant photographer's license from the town or city in which he is working . Maine has a similar statute .
Delaware's occupational license law calls for stiff penalties against professional photographers oper ating without a state license : " He , she , or they , and the individuals composing such firm or association of persons and each of them , and the president and directors of such a corporation , and each of them for every such offense shall be liable to the payment of the license fees , and shall be fined not more than $ 500 , or imprisoned not more than two years , or both " .
If the penalty money is not paid when due , the person or persons involved are liable for the in terest at the rate of 1 % per month on the principal amount due and a civil penalty of 5 % per month upon the principal amount due up to a maximum total penalty of 100 % of the principal amount due and payable .
Occupational license in Delaware
Delaware's occupational license for the resident professional photographer costs $ 75 a year . A tran sient photographer must pay an additional license tax of $ 25 per each day of operation within the state .
In general , it is an accepted fact that news and magazine photographers making pictures intended for reproduction in the media they represent , are exempted from licensing requirements . However , if they personally resell the same pictures to individ uals whose intent is not to publish the pictures in the news media , the press photographers come un der the same licensing codes as other professional photographers .
Industrial and other photographers employed as professional , fulltime salaried employes of a com pany where their set wages are the full reimburse ment for their work , and not the sale of their pic tures to that company or other individuals do not personally require licenses .
The moral responsibility of the professional pho tographer , his proper business ethics , and the pos sibility of stiff penalties and fines , require the pro fessional photographer to always know what his responsibilities are under state , county and munici pal tax and license laws . Ignorance of the situation has never been a satisfactory plea in a court of law .
If you have any doubts , hire the services of an attorney to investigate and explain your state , county and city laws . Don't stop there , though . Keep yourself updated on all proposed and accom plished changes in the license and tax statutes . It is preferable to be alert to such changes before they are enacted so that you might take some positive action for or against any such proposed legislation before it becomes legally enforceable .
Financial disclosure bill
In the State of Alabama , for instance , Governor Wallace recently signed a bill requiring newsmen to make financial disclosures before being allowed to cover state government . The law is unclear as to whether an out - of - state professional photographer assigned to do a story about some function of state government in Alabama would have to comply with the financial disclosure provision .
Since Alabama also has a photographer licensing law , there may be the possibility that the financial disclosures bill would be in conflict with it . A court test of the constitutionality of the new law has been filed by a newspaper publisher and a rul ing is awaited .
In Wisconsin , legislation which constitutes licens ing of advertising men has been proposed . Besides requiring certain educational standards , minimum age requirements and being " of good moral charac ter " , the bill if passed could conceivably be interpreted to include advertising illustration pho tographers or freelancers whose work is used in advertising . It is contended that the proposed law is both discriminatory and unconstitutional .
Proposed law in New York
In recent years , a bill proposing the licensing of the professional photographer in the State of New York was introduced in the State Assembly as an ammendment to the education law . It died in com mittee due to a lack of support , the year of its intro duction . It is expected that it will be reintroduced in upcoming legislative sessions .
Since the laws of one state can affect the laws of other states which might consider adopting them
EIGHT states have license laws for pro photographers ; one law under study . Photo from E. Leitz .
EXISTING LAWS
ITINERANT PHOTOGRAPHY LAW
LAW UNDER CONSIDERATION
after they have been legally approved , you might want to think through the provisions of the pending New York State Licensing - of - Professional - Photog raphers proposal . Would you be willing to be licensed under its stipulations ?
The proposed legislation differs from all existing state professional licensing laws for photographers because it also calls for a " State Board of Licensed Photography " . The " Board " would consist of not less than five licensed photographers of the state who would have the power to approve or disapprove an applicant after a thorough examination of his moral , educational and technical photographic back grounds . Only a person licensed under this law would be authorized to use the title " licensed pho tographer " or describe his services by the use of the word " photographer " in connection with his business .
How the Board would be chosen , what qualifica tions would be required of them , and who would choose them is not clear . Obviously , it could only be done through political appointment and on a biased basis in which the selections would be made from the sponsoring individuals and / or organiza tions behind the proposal .
FASHION , commercial , portrait , other studio operations require ( fee ) license in 6 states .
Nevertheless , the following are provisions the applicant would have to fulfill to obtain his license if the law is signed into the books :
Examination fee is $ 40
1 - Application : File an application with the de partment ;
2 Education : must have received an education , including high school graduation and completion of a program in photography , in ac cordance with the commissioner's regulations ;
3 Experience : have experience satisfactory to the board and in accordance with the commissioner's regula tions ;
4 -Examination : pass an examination satis factory to the board and in accordance with the commissioner's regulations ;
5- Age : be at least twenty - one years of age ;
6- Citizenship : be a United States citizen , or file a declaration of intention to become a citizen in accordance with the commis sioner's regulations .
7 - Character : be of good moral character as de termined by the department ;
8 - Fees : pay a fee to the department for admission to the examination and for initial license of $ 40 ; for each re - examina tion $ 15 , and for each biennial registration $ 15 . ( In lieu of professional qualifications specified under subparagraphs ( 2 ) and ( 3 ) five years of experi ence satisfactory to the board may be accepted by the department ) .
The purpose , theoretically , of those proposing the New York licensing law , is to upgrade the profes sion . Mathew Brady , the famous Civil War photo grapher , crusaded for similar things to raise the standards of professional photography more than a hundred years ago in the Philadelphia Photographer magazine .
The profession was then in its infancy , just slightly more than 25 years of being in existence . Through out the passing years , the technical competence of the professional photographer has always been decided by the persons buying his services as well as through classification systems established within various professional photographer's organizations .
التصوير الفوتوغرافي الحديث
LICENSE FACTS for the PRO
While state , county and municipal governments require individuals engaged in the operation of a photographic studio or shop to have certain business permits and licenses , do you know whether your state has a specific licensing law covering professional photographers ?
WHILE ONLY A handful of the 50 states have licensing laws on their books for professional photographers , every so often there are attempts made by legislative bodies to regulate the field . Most of the laws have been found to be unconstitu tional for one reason or another and have been knocked out of existence .
However , there are eight states that do have license laws , while others contemplate introduction of some form of regulation . The inception of many of these legislative attempts to license photogra phers stems from professional photographers al ready in business . Because competition is hurting them in the pocketbook , they set up a hue and cry for a licensing law which will reduce or completely eliminate all competition for themselves .
These are selfish interest laws and , in most every instance they have either been defeated or have been ruled unconstitutional . Yet , they keep being brought up and anyone freelancing or operating a photo business must always keep alert to what their state legislatures are doing .
In a survey conducted by the School of Modern Photography and Photo Market Survey , it was found that forty - two states and the District of Columbia do not have licensing requirements . The remaining eight Alabama , Delaware , Louisiana , Mississippi , North Carolina and Virginia have legal statutes which cover all photographers making pictures for resale and , a state professional license is required . The other two states Vermont and Maine , have laws on their books that specify only itinerant photographers .
Licenses for the professional photographer be come more complicated after the state level as you delve into the licensing requirements , fees , permits , special taxes , sales taxes of counties and cities . These can affect both the resident and transient profes sional photographer .
Basically , these are general licenses covering all types of businesses including the professional pho tographer . They are , however , seldom legally word ed specifying the professional photographer .
Within each state , counties and municipalities control their own taxing and licensing programs which can change as a need arises . The hundreds of different and special situations ( which vary con stantly ) , plus the possibility of penalty fines if the professional does not have the proper permit , cer tainly cautions the photographer to always know exactly what is required by the county and city where he is working .
License definitions vary
To give you some idea of the widely varying legal structures , here are a few of the more inter esting definitions the professional photographer faces . While Maryland reported it requires no pro fessional photographer's license , under certain in stances photographers might have to obtain it's Trader's License . Article 56 , Section 32 , Annotated Code , 1957 Edition , sets forth : " No person or cor poration , other than the grower , maker or manu facturer , shall barter or sell , or otherwise dispose of , or shall offer for sale any goods , chattels , wares or merchandise , within the State , without first obtain ing a license . . . .
Arkansas stressed its 3 % excise tax upon the gross proceeds , or gross receipts , derived from all sales to any person which covers commercial photography : " All the services of a commercial photographer including consultations , planning layouts and selec tion of props which were essential to the making of pictures for customers are included in the term photography of all kinds ' , as used in subsection ( d ) of this section and , the total charge is subject to the gross receipts tax , even though the customer was charged separately for the services and the pictures ... "
Florida , in confirming no statewide licensing of photographers law presently in effect , also explained that most of its counties and municipalities have levied occupational taxes which are considered as revenue raising and not regulatory . North Carolina refers to its state license as " a franchise or privilege license for photographers and others to practice their profession .
FREELANCE photographers may legally need a license in eight states having laws for pro fessional photography . Photo from Zeiss / Ikon .
Michigan explains , " The making of photographs for sale is an industrial process and tangible per sonal property used and consumed directly in the process is not taxable , except as hereinafter pro vided . The making of photographs as part of crea tive advertising where the photograph has no in trinsic value and is not intended for use other than reproduction involving creative treatment in com position , arrangement , camera angle and effect , where the skill of the photographer is imaginatively engaged in achieving a result beyond the mere iden tification or record of the object photographed , is a service and the furnishing of the print is not to be considered a sale of tangible personal property . Materials and supplies purchased by such creative photographers and consumed in the process of creating such photographs are taxable " .
License fees paid by the professional photogra pher vary from an annual set fee to a sliding scale fee . Louisiana , for example , starts its photographer license fee at $ 5.00 ( based on minimum gross re ceipts up to $ 1000 ) , and raises it in graduated steps up to $ 2000 for annual gross receipts over $ 1,000,000 .
Mississippi bases its photographer license fees on its classification of municipalities in which the pho tographer operates . The scale ranges from # 1 through # 7 . Photographers engaged in the business of photography ( including any or all of the pro cesses , thereof ) , pay $ 20 in municipalities of Classes # 1 and # 2 . Municipalities classed # 3 , # 4 and # 5 have a levy of $ 10 while a $ 5 fee is charged in municipalities in classes # 6 and # 7 - and elsewhere in the county .
Mississippi has coupon law
For persons engaged in the business of selling , delivering or handling photographic coupons , cer tificates or other devices used as or , in exchange , on photographs , or making and developing such photographs in the state and developing out of the state a fee ranging from $ 10 to $ 25 is charged based on the municipal class .
Mississippi also requires traveling photographers , transient vendors , to furnish in advance of any soli citations to the municipality where the solicitations are contemplated , a good and sufficient penal bond in the amount not to exceed $ 1,000 . ( Laws of this type are aimed mainly at the door - to - door baby portrait field , school pupil contracts and similar photo offers Ed ) .
Vermont charges $ 10 for an itinerant photogra pher's license , explaining an itinerant photographer as being one operating within the state but who has no regularly established place of business in the state . A penalty fine of $ 100 can be levied against a pho tographer from out of the state who does not have an itinerant photographer's license from the town or city in which he is working . Maine has a similar statute .
Delaware's occupational license law calls for stiff penalties against professional photographers oper ating without a state license : " He , she , or they , and the individuals composing such firm or association of persons and each of them , and the president and directors of such a corporation , and each of them for every such offense shall be liable to the payment of the license fees , and shall be fined not more than $ 500 , or imprisoned not more than two years , or both " .
If the penalty money is not paid when due , the person or persons involved are liable for the in terest at the rate of 1 % per month on the principal amount due and a civil penalty of 5 % per month upon the principal amount due up to a maximum total penalty of 100 % of the principal amount due and payable .
Occupational license in Delaware
Delaware's occupational license for the resident professional photographer costs $ 75 a year . A tran sient photographer must pay an additional license tax of $ 25 per each day of operation within the state .
In general , it is an accepted fact that news and magazine photographers making pictures intended for reproduction in the media they represent , are exempted from licensing requirements . However , if they personally resell the same pictures to individ uals whose intent is not to publish the pictures in the news media , the press photographers come un der the same licensing codes as other professional photographers .
Industrial and other photographers employed as professional , fulltime salaried employes of a com pany where their set wages are the full reimburse ment for their work , and not the sale of their pic tures to that company or other individuals do not personally require licenses .
The moral responsibility of the professional pho tographer , his proper business ethics , and the pos sibility of stiff penalties and fines , require the pro fessional photographer to always know what his responsibilities are under state , county and munici pal tax and license laws . Ignorance of the situation has never been a satisfactory plea in a court of law .
If you have any doubts , hire the services of an attorney to investigate and explain your state , county and city laws . Don't stop there , though . Keep yourself updated on all proposed and accom plished changes in the license and tax statutes . It is preferable to be alert to such changes before they are enacted so that you might take some positive action for or against any such proposed legislation before it becomes legally enforceable .
Financial disclosure bill
In the State of Alabama , for instance , Governor Wallace recently signed a bill requiring newsmen to make financial disclosures before being allowed to cover state government . The law is unclear as to whether an out - of - state professional photographer assigned to do a story about some function of state government in Alabama would have to comply with the financial disclosure provision .
Since Alabama also has a photographer licensing law , there may be the possibility that the financial disclosures bill would be in conflict with it . A court test of the constitutionality of the new law has been filed by a newspaper publisher and a rul ing is awaited .
In Wisconsin , legislation which constitutes licens ing of advertising men has been proposed . Besides requiring certain educational standards , minimum age requirements and being " of good moral charac ter " , the bill if passed could conceivably be interpreted to include advertising illustration pho tographers or freelancers whose work is used in advertising . It is contended that the proposed law is both discriminatory and unconstitutional .
Proposed law in New York
In recent years , a bill proposing the licensing of the professional photographer in the State of New York was introduced in the State Assembly as an ammendment to the education law . It died in com mittee due to a lack of support , the year of its intro duction . It is expected that it will be reintroduced in upcoming legislative sessions .
Since the laws of one state can affect the laws of other states which might consider adopting them
EIGHT states have license laws for pro photographers ; one law under study . Photo from E. Leitz .
EXISTING LAWS
ITINERANT PHOTOGRAPHY LAW
LAW UNDER CONSIDERATION
after they have been legally approved , you might want to think through the provisions of the pending New York State Licensing - of - Professional - Photog raphers proposal . Would you be willing to be licensed under its stipulations ?
The proposed legislation differs from all existing state professional licensing laws for photographers because it also calls for a " State Board of Licensed Photography " . The " Board " would consist of not less than five licensed photographers of the state who would have the power to approve or disapprove an applicant after a thorough examination of his moral , educational and technical photographic back grounds . Only a person licensed under this law would be authorized to use the title " licensed pho tographer " or describe his services by the use of the word " photographer " in connection with his business .
How the Board would be chosen , what qualifica tions would be required of them , and who would choose them is not clear . Obviously , it could only be done through political appointment and on a biased basis in which the selections would be made from the sponsoring individuals and / or organiza tions behind the proposal .
FASHION , commercial , portrait , other studio operations require ( fee ) license in 6 states .
Nevertheless , the following are provisions the applicant would have to fulfill to obtain his license if the law is signed into the books :
Examination fee is $ 40
1 - Application : File an application with the de partment ;
2 Education : must have received an education , including high school graduation and completion of a program in photography , in ac cordance with the commissioner's regulations ;
3 Experience : have experience satisfactory to the board and in accordance with the commissioner's regula tions ;
4 -Examination : pass an examination satis factory to the board and in accordance with the commissioner's regulations ;
5- Age : be at least twenty - one years of age ;
6- Citizenship : be a United States citizen , or file a declaration of intention to become a citizen in accordance with the commis sioner's regulations .
7 - Character : be of good moral character as de termined by the department ;
8 - Fees : pay a fee to the department for admission to the examination and for initial license of $ 40 ; for each re - examina tion $ 15 , and for each biennial registration $ 15 . ( In lieu of professional qualifications specified under subparagraphs ( 2 ) and ( 3 ) five years of experi ence satisfactory to the board may be accepted by the department ) .
The purpose , theoretically , of those proposing the New York licensing law , is to upgrade the profes sion . Mathew Brady , the famous Civil War photo grapher , crusaded for similar things to raise the standards of professional photography more than a hundred years ago in the Philadelphia Photographer magazine .
The profession was then in its infancy , just slightly more than 25 years of being in existence . Through out the passing years , the technical competence of the professional photographer has always been decided by the persons buying his services as well as through classification systems established within various professional photographer's organizations .
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