A Guide to Industry Standards for Professional Photographers and Their Clients

Whether you’re gearing up to launch a photography business or smack in the middle of your search for a wedding photographer, there’s something you’ve probably been looking for: a set of standards for the photography industry. Chances are, that’s been a tough search.

Digital photography turned an expensive, highly-skilled industry into an accessible, comparatively affordable one (after those first few years, when a Kodak DSLR would set you back around $30,000). Though many industry leaders still have a formal education, the top professional photographers in your area may have the same qualifications as the budding momtographer at your local playgroup.

That’s where PHLEARN’s guide to industry standards comes in. We’re going to talk about some basic industry standards you may not be aware of and some things that aren’t necessarily the standard which we really think should be. For photographers and clients alike, the goal is to have a better, more realistic understanding of today’s photography industry by the end of this article.

Branding and the Client Experience

It’s surprising how many photographers skip the vital step of building a brand when they dive into the photo business world. Building a brand is about more than just picking out some pretty colors (although that never hurts and it’s a great way to visually demonstrate the tone of a business). At its very core, a brand is just a fancy way of talking about reputation.

Of course, a reputation isn’t always something that can be controlled. Opinion is a fickle thing, so businesses use good branding to nudge a client’s perception in the right direction while allowing them to arrive at their final destination independently. (Think Inception, minus the angry wife.)

So legit photographers should not only be instantly recognizable by their brand, but by the client experience they provide. They should have a clear process that can be laid out at the beginning of a working relationship. The photographer is the expert in their relationship with a client, so if a client ever asks what comes next in the process and the photographer can’t give a clear answer, that’s a red flag.

If a client ever asks what comes next in the process and the photographer can’t give a clear answer, that’s a red flag.

Maggie King

When we say that a photographer should know their own workflow, we mean that they should be able to tell their client at least these six things as soon as they know the requirements for the project:

1. Anticipated turnaround, including post-processing
2. When and how payment(s) should be made
3. How much the work will cost if all goes as planned
4. Which documents should be signed and at what point in the process
5. How many and what types of deliverables the client will receive
6. How the client will receive those deliverables when they are ready

Professional Photography Pricing and Payment

A photography business is a creative business, but a business nonetheless. “Working for exposure” is for hobbyists, students, and family members in a very awkward position. If a professional photographer chooses to donate or gift their services to you, consider yourself to be pretty special. A lot of work and personal investment goes into those Pinterest portraits you’re asking to recreate.

On the photographer’s side of things, there should be a pricing structure in place. Even if that photographer offers custom packages, they should be able to explain how their pricing works.

They should also have a clear way of receiving payment. (Photographers: look into PayPal Business. You can get a free card reader and invoice online for free, as well.) If a photographer asks for the check to be made out to them personally and not the name of their business, it’s not necessarily a red flag. It does mean, however, that they don’t have a business bank account. Which at best means this is their side gig and at worst means they’re trying to fly under the tax radar.

Common photography pricing structures include:

• Charging by the image
• Charging by the hour or day
• Package deals
• Custom pricing that combines different services à la carte

A photographer should also expect a deposit. This means they take bookings seriously and have an incentive to take the client’s time seriously as well.

Legal Considerations

We’ll say it loud for the people in the back:

The copyright of a photo is not necessarily yours just because you or your product appear in it.

Maggie King

This one is very important for both photographers and their clients to understand, because it can get very nasty otherwise. If a client wants the copyright to their images, that needs to be in the contract.

Guess what, photographers? That could apply to your second shooters as well, especially if they’re working in a freelance capacity.

Privacy and Photography

A photographer should also know where it is and isn’t legal to shoot, or they should be comfortable making the right contact to confirm it. Public locations are usually safe enough, but local law may dictate some things. And just because a location (such as a store) is publicly accessible doesn’t necessarily make it public in photography terms.

That’s why a photographer should also use releases as a routine step in their workflow. A model release could allow them to submit a client’s wedding portraits to a magazine, for example, or post the photos to social media to promote their business. There may also be occasion to use a property release, as well.

Quite apart from models and locations, a release of liability is also standard. This tells the client exactly what their photographer is and isn’t responsible for.

By the way, all of this should be laid out in a contract. A contract is a way to protect the photographer from unreasonable expectations on the part of the client, and it protects the client from getting less than they agreed to. If a professional photographer does not use some form of contract or written agreement, that is a red flag.

How to Make It Official

Just because you’re working for yourself doesn’t mean the paperwork is optional. Whether you remain a sole proprietor or form an LLC, there are plenty of legal responsibilities to keep you busy when you’re not out shooting.

Keep Things on the Up-and-Up

Now you’re a step closer to pro status, but there are still some things to consider. You could be opening yourself up to a world of complications if you don’t get the legal side of things organized right off the bat. The best course of action can vary quite a bit depending on where you’re located, but there are some standard measures you’ll want to take, beginning with naming your business.

If you’re using your own name for your business or operating exclusively as a freelancer, you’re in the clear. You own the rights to your own name. If you’re going with something a little more creative, however, you’ll need to confirm with the United States Patent and Trademark Office that the name is neither taken nor too close that of another business. Fortunately it’s as easy as using the search bar right on their website. It’s also a good rule of thumb to Google the name before registering it, since a more established business could still try and claim a trademark to their name, even if you are registered and they are not.

There’s not much sense in having a name if you don’t have a place to work from, so put some thought into a business address. If you’ll be primarily working out of your home, first of all you need to confirm that you are doing so legally. Zoning ordinances may be in place, or there may be restrictions if you live in a condo or belong to a homeowners association. Keep safety in mind as well. For some, it may give pause to hand a personal address out every time you take on a client, but a PO box doesn’t always convey the professionalism you may be looking for. If this is you, look into a business mailbox service that will allow you to receive business mail and packages at an actual street address without giving out your personal information.

Speaking of protecting your identity, another step to consider is applying for an Employer Identification Number (EIN). While you can use your social security number as a sole proprietor (you’ll definitely want an EIN if you set up an LLC), a separate tax identification number can protect your privacy, give you an air of credibility, and is a great first step for setting up a plan to pay the appropriate taxes.

You may even be required to have an EIN if you set up a business banking account. A separate banking account from your personal one (again, this is especially important for an LLC) is a good idea even if you are not doing a lot of business yet. If your personal and business finances get all mixed together it can be a very special kind of headache to get them straightened back out come tax season.

By the way, depending on what kind of work you’re doing, you may be required to pay sales tax. Though you are providing a service by taking and editing the photos, the prints and digital files you supply your clients with can be considered products which you are—you guessed it—selling. This is another thing that varies by state and you’ll want to know for sure where yours stands on the issue.

In addition to this, per the IRS website: “As a self-employed individual, generally you are required to file an annual return and pay estimated tax quarterly.” So be sure that you have your tax-related ducks in a row to avoid penalties and other general pains down the road.

Another significant step you’ll need to take is to put together contracts for each type of photography job you do and have a client sign one every time. You can very easily type one up by yourself for free, and often this is all a photographer needs in the beginning. However there are a lot of subtleties to the language in a contract that you just can’t be expected to know about without some kind of legal expertise. There are a number of templates to be found online, but be sure to confirm that you’re downloading from a trustworthy source. This general photography contract from attorney and Improve Photography founder Jim Harmer is a good place to start.

You can, of course, also have one professionally drawn up. It will be an expense for sure, but you’ll have more peace of mind and the advantage of having your contract(s) written by a legal professional who knows your exact situation. Whichever route you choose, don’t forget to include copyright information and a model release so your clients are aware that you can use these images in publications or for marketing purposes.

Square Up with Your Local Government

All of this leads up to probably the most-asked question: “Do I need a license?” The answer is not particularly helpful: “It depends on your location.” Your city hall is a great resource for these questions and should be able to direct you to the right place if they are not directly responsible for these things where you live. You may or may not have to pay a fee for this, but compared to your equipment costs, said fee should be negligible.

Photography Business Insurance

Photographers who are shooting in a professional capacity should be insured at the professional level. This isn’t just to protect equipment, it’s to protect the photographers, themselves. If a client loses their balance and falls off a posing stool, they shouldn’t be able to take the whole business down.

Photographers are also human. It’s possible to be completely competent and still have a few mea culpa moments along the way. For example, memory cards will very occasionally punk out for no particular reason. In the incredibly unfortunate event something like that happens, a properly insured photographer is protected and their client may still be able to get something out of the transaction.

Photographers can look for insurance through a photographer’s association like PPA, or through a big name like Allstate or Nationwide. Depending on the scale of the business, some basic business coverage may do the trick, though there are plans more tailored to photography. If they only do a few shoots a year, some insurance can be purchased by the event rather than on an annual basis.

If a client loses their balance and falls off a posing stool, they shouldn’t be able to take the whole business down.

Maggie King

Clients: don’t be shy about asking your professional photographer if they are insured. If they are not and can’t give a good explanation as to why, that’s a red flag. For small-time photographers, lack of insurance is not a deal-breaker, but it is recommended.

Protect Your Investments

So now that your identity is safe, let’s think about your assets. If you are starting out with low-end equipment and low-profile jobs, insurance may not really be all that helpful. Once you’ve hit your stride though, you may find yourself in a place where, if all of your equipment fell prey to theft, accident, or some unforeseen event, you’d really be up a creek financially.

As a sole proprietor, if you are starting to take on higher-profile gigs with higher stakes, you are particularly vulnerable to lawsuits. Whether to obtain insurance or not is something only you can decide, and you may feel the need to reassess semi-regularly in the early stages of your photography career.

Backups and Redundancies

A professional photographer should always, always back up their work, or at least have redundancies of it. There are just too many things that can go wrong otherwise. Many photographers have horror stories about losing half of a wedding shoot or missing a deadline and having to start a shoot over from scratch, all because they put off backing up until too late.

For photographers, it’s really a matter of setting up a workflow and sticking to it. The gold standard is to have at least one hard backup (on an external hard drive, for example), a backup in the Cloud, and a working copy somewhere easily accessible, but any backup at all is better than no backup.

For clients, it’s the best way to protect their investment (and memories, for portrait clients). A professional photographer should be able to describe their backup process easily, since they should be using it every time they conduct a shoot. If they can’t, that’s another red flag.

Delivery

The delivery method of a photographer’s images says a lot about their level of professionalism, but it’s something clients often don’t even know to ask about. The method will depend largely on whether the client has asked for prints or digital files, so we’ll break it down into those two categories:

Prints

Unless the photographer is a really big cheese with the budget to buy and maintain their own printing equipment (it gets expensive, fast), they will probably go through a professional printing lab. There are plenty of reputable ones out there, but Walmart, CVS, and their ilk (though great for many other things) are red flags for professional photographers.

Digital Files

If your photographer is still giving clients their digital images on a CD, that’s a big red flag. Many people don’t even have a way to read CDs anymore and they’re so easy to damage. Photographers really shouldn’t be bulk emailing final images as attachments, either.

Instead, the industry is leaning toward digital file sharing via a service like Dropbox or a digital photo proofing and sales service like Pixieset or ShootProof. That means the client gets a link to a folder with the files or a gallery of their images where they can choose and purchase what they like.

Photography Industry Red Flags at a Glance

Like digital technology itself, industry standards are prone to shifting as fledgling professionals bring new perspectives into the field. However, there are some standards (like an efficient workflow) that should stand firm in the name of quality and customer service.

In the name of developing and maintaining strong standards in the photography industry, we’ve created a checklist that combines all the things we discussed in this article. Photographers looking to step into the pro game can download and use this list to track their progress, then link to it on their website so clients can see how well they measure up.

Clients in search of the right photographer can use this list to see which of their options checks the most boxes. Remember that no photographer is perfect and the ideal one for your job may not check off every single box. But it’s a great place to start and will give you more confidence about making your final decision.

Common Questions About Photography Industry Standards

What are the standards for a professional photographer? By this guide’s measure, a professional has a clear process and can tell a client up front the turnaround, the cost, when and how to pay, which documents to sign, and which deliverables will arrive and how. They have a pricing structure they can explain, take a deposit, use a contract and releases, carry insurance, back up every shoot, and deliver through a professional lab or an online gallery.

Do photographers need a business license? It depends on your location. Your city hall is a good place to ask, and it should point you to the right office if it doesn’t handle licenses itself. There may be a fee, but next to your equipment costs it should be small. Maggie’s to-do list also covers registering a business name, a business mailing address, a dedicated bank account (which may need an EIN), and contracts and model releases.

Do photographers need liability insurance? Photographers working in a professional capacity should be insured at the professional level, to protect themselves as well as their gear: a client who falls off a posing stool shouldn’t be able to take the whole business down. Coverage is available through an association like PPA or insurers such as Allstate and Nationwide, and some can be bought by the event. For small-time photographers, no insurance isn’t a deal-breaker, but it is recommended.

How should a photographer deliver photos to clients? Prints should come from a professional printing lab, not Walmart or CVS. Digital files should go through a shared folder such as Dropbox or an online gallery such as Pixieset or ShootProof (services named in 2020), where the client can choose and buy images. A CD, or final images bulk emailed as attachments, is a red flag.