ASMP Creative Focus Town Hall Series | Session Three

Employees vs. Independent Contractors for Photographers: Classification, Liability & Copyright Ownership (ASMP Town Hall #3) In the third ASMP town hall in partnership with PetaPixel, the host shares updates on newly published AI-specific contract clauses in the ASMP Academy document library and previews upcoming member-only sessions for deeper guidance. He covers advocacy and industry news, including US Copyright Office rulemaking comments on alternative fee structures such as subscriptions, continued momentum for VACRA, and recent events like PDX Squared’s expansion into the new “City Squared” national program. He also reports on ASMP’s negotiations that led to revisions in AIA’s photography competition forms. The main program explains why properly classifying workers as employees or independent contractors matters, outlining IRS and Department of Labor tests, state variations, freelancer protection statutes, and major copyright consequences under work-for-hire rules—especially when assistants or second shooters press the shutter. 00:00 Welcome and Series Intro 01:34 How to Watch Past Town Halls 03:18 Today’s Agenda and Updates 04:49 New AI Contract Clauses 08:29 Copyright Office Fee Fight 11:05 VACRA Reform Bill Momentum 12:25 PDX Squared and City Squared 15:46 Industry Wins and AIA Update 19:23 Employees vs Contractors Overview 22:40 Why Misclassification Matters 30:46 IRS Test Explained 34:23 Department of Labor Reality Test 38:06 Freelancer Protection Laws 43:20 Why Classification Matters 45:54 State Rules and Texas Test 49:08 Work Made for Hire Basics 50:47 Assistants and Copyright Risk 55:51 Real Case Study Fallout 58:22 Fixing It and Payroll Tools 01:02:45 Legal Clinics and AI Clauses 01:04:08 Q&A Unpaid Internships 01:09:07 Q&A Publications and 1099s 01:14:52 Q&A Licensing and Middlemen 01:26:24 Final Wrap and Next Steps