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California Governor Gavin Newsom has quietly signed a new law that exempts freelance photographers and some other types of independent contractors from the controversial AB 5 law that forced a huge range of freelancers to become employees.
Duties and types of photographers A photographer is a person who makes photographs.
The problem is that when a photographer is hired under a work made for hire agreement, then the photographer, under California state law, is considered an employee rather than a independent contractor.
When hiring a freelance photographer or videographer, departments must hire them as an independent contractor and implement the necessary background checks.
A freelancer is similar to an independent contractor, but they tend to work on a project-to-project basis and have multiple employers at the same time. Independent contractors will be on long-term contracts, where freelancers are usually hired on short-term contracts.
How do I create an Independent Contractor Agreement?State the location.Describe the type of service required.Provide the contractor's and client's details.Outline compensation details.State the agreement's terms.Include any additional clauses.State the signing details.
Professional photographers have their own photo studio and darkroom that can cater to all their clients' needs, unlike freelancers who don't have unlimited access to professional equipment, and often have to rent space, and rent equipment. Of course, freelancers have no fixed income.
An independent contractor often functions as a freelancer, but typically will work with one client for a longer time frame. In many cases, independent contractors work for an hourly rate. Furthermore, they might work through a third party or agency but can also work on their own.
California Governor Gavin Newsom has quietly signed a new law that exempts freelance photographers and some other types of independent contractors from the controversial AB 5 law that forced a huge range of freelancers to become employees.
Don't Live Without Contracts Rachel's rule of thumb is that everyone should have a contract at every shoot. You can shoot without a model release, but you should never shoot without a photography contract. So many photographers do the opposite, she says.