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Legalities of selling hobby items online

6 replies

Shoegal30 · 16/12/2013 09:20

I am in FT work at the moment.

I am a keen photographer and in my spare time have taken photos of friends kids and framed them.

I have also started dabbling in 3d hand and foot castings to go alongside the photos.

I've had a couple of friends of friends ask me for the service which I will have to charge for.

I was thinking of creating a Facebook page and possibly a static website showing my portfolio but I am unsure of the legalities.

I don't consider myself as having a business at the moment and don't plan on leaving my FT job at the mo although I would love to be my own boss one day.

I guess I just want to dip my toe in the water and see if this could have legs.

Advice please...

OP posts:
Punkatheart · 16/12/2013 21:23

It is fairly simple - you cannot use any photographs without permission from the people involved. I think if it is a public site - then many people would have a problem putting their children 'out there' in this manner. Closed Facebook pages are different but this would be for sales...

cakeaddict · 17/12/2013 13:12

On the financial front you'd have to register with HMRC as being self-employed as well as employed and complete a tax return each year to declare your earnings so that you are paying the correct tax and NI on any profit you make from your PT business.

It's reasonably straightforward though and not too onerous.

Flibbertyjibbet · 17/12/2013 13:32

It doesn't matter whether you consider yourself as having a business or whether its a hobby. If you make money from it you need to declare the income. HMRC have people checking for businesses advertising on facebook who are not declaring the income.

You register with HMRC as self employed - you can still have employed income, you don't have to give up the day job! - and then they send you a tax return/do it online at the end of the financial year. You are allowed to deduct any expenses for the business. Very straightforward form, for the employed bit you just copy the figures out from the P60 your employer gives you each april.
HMRC then calculates the tax and ni due from the self employed work.

You will be liable for tax and ni on all of it as your day job will already use up all your personal tax allowances. Its very easy, nothing to be worried about. You don't need an accountant or anything.

Shoegal30 · 17/12/2013 15:18

Thanks guys - I'm clueless when it comes to all of this and wanted to make sure I was doing everything legitimately.

I feel that the tax man already takes a lot of my wage so I don't think I will actually make much profit from this.

Might have to consider keeping this as a hobby and helping friends instead of charging people.

OP posts:
freckledleopard · 17/12/2013 15:24

Um...I don't think that you need the permission of the people involved, since you hold the copyright to that image. It might be common courtesy to ask, but I don't think you need permission.

Punkatheart · 18/12/2013 15:49

Unless the people have signed a waiver, they own the copyright, not the photographer:

Who owns the copyright in photographs I take for commissioned works?
Commissioned works is another exception under the Act (s. 13(2)). If a photograph was ordered by a customer and paid for in full, in the absence of any agreement to the contrary, the customer is considered the author and owns the first copyright in the photograph. For example, if a bride or groom hired a photographer to take their wedding photos and has paid for the service in full, then the copyright may then be owned jointly by the spouses, and not by the photographer.

In the absent of an agreement to the contrary, a customer owns the copyright in any photographs he ordered and for which he paid for. The customer is free to copy and distribute these photographs. For a related Canadian decision, see Lorraine Lapierre Desmarais v. Edimag Inc. and Alys Robi, where the widow of a photographer tried to sue the person who commisioned the photographer on the grounds of illegal reproduction.

In a sense, the default situation is similar to a photo from a photo-booth. The person whose photo is taken in a coin-operated automatic booth is the author of the photo, since payment would usually cover ownership of the negative. However, someone who simply asks his photographs to be taken or just showing up at a photo session does not automatically grant him the copyright. That person must expressly or impliedly order photographs which he will be paying for, and then must have actually paid for the agreed amount in order to receive the copyright.

In spite of this rule, it is common practice for customers to sign an agreement that assigns professional photographers copyright to the photographs they take. If the customer wish to remain the copyright owner, be sure to carefully make an agreement and discuss the issue with the customer. Most photographers will agree to let customers remain the copyright owner, as most of their revenue is from the payment of services and purchases of prints, not exploiting copyright in their customers’ images.

Freelancers should note that even if you own the copyright to the photographs you took for a commissioned work, you cannot freely give or sell those prints or negatives to a newspaper where the subject later come into public light. Doing so may violate duty of confidentiality, privacy, or other legal obligations and customers could sue to stop your action and recover monetary damages. Also, the photographer could not have licenced advertisers use the photorgraphs to endorse a product. Customers could sue both the photographer and the advertiser.

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