Legally Legit® Podcast

Have you heard the exciting news?! The Legal Paige now has contracts available for Canadians! If you are a Canadian entrepreneur, TLP can now help you get legally legit. 

In this episode of The Legal Paige podcast, I introduce the attorney we brought on board to help make Canadian Contracts come to life. Courtney is a Canadian lawyer with a general practice based in rural Saskatchewan. The bulk of her work as a lawyer is focused on corporate law, real estate, and wills and estate administration. She is a wife, mother to a new baby born early this year, and lives on a mixed grain and cattle farm!

The Canadian Catalog would NEVER have been able to happen without the help of our gal Courtney and I know you’ll enjoy this episode as we dive into all the important differences between Canadian and US law. 

THE BIG DIFFERENCES BETWEEN THE CANADIAN + US LEGAL SYSTEM 

There are a lot of similarities in the US and Canadian legal system– but the biggest difference between our two country’s contracts lies in the boilerplate clauses. (Boilerplate clauses are those legal-language-heavy clauses that are found at the bottom of your contract). This is because the Canadian courts have been really clear about HOW they are going to interpret contract clauses when there is a dispute…so Canadians need to be especially careful with the wording to make sure the meaning is clear to everyone involved. 

Another huge difference between the two jurisdictions is the type of damages that will be awarded. Canadian courts rarely offer high rewards for damages in any case- whether that’s a contract dispute or otherwise. The only way you’ll see a high reward is if there was malicious conduct or highly reprehensible behavior (which is rare and hard to prove). Canadian courts DO often offer awards on cost to the winning party– if you go to trial with somebody in a contract dispute and you win, the other party might be ordered to pay your legal costs up to that point. If you're going all the way to trial you are spending upwards of $50,000 in legal fees so it’s really important for Canadian business owners to be aware of that and to have their bases covered with strong legal contracts. 

MORE FROM THIS EPISODE 

Press play on Episode 141 listen as we dive deep into the nuances between Canadian and US law. You’ll learn how Canadians should approach Website Terms and Conditions, the differences between copyright law (i.e. the surprising person that actually owns a photograph in Canada), how Canadians should register their businesses, employment laws to be aware of, how the Canadian Courts have handled Covid and service based contracts like ours, and Courtney’s best tips for Canadian business owners. 

The Legal Paige is so excited to now have Canadian Contracts available in the shop! Courtney has been a major piece in getting our Canadian Catalog set up and is working through converting all of our TLP Products to living Canadian documents. The biggest takeaway I have for Canadian entrepreneurs- and really all entrepreneurs-  is that NOW is the time to get legally legit. Now is the time to get protected. Now is the time to not shove things under the rug to deal with on another day. Your contracts are so important for your business– they are living documents that shift and grow as your business changes and they set the tone in your working relationship with clients.

If you’re a photographer you know how hard you work to get the perfect shot. 

Between creating an ideal lighting scenario, mastering composition, choosing the correct lens, and ensuring your photo sessions run smoothly– you tell a story unlike any other. Many people don’t understand the astronomical amount of post-processing work that happens before a client ever sees their final images (which makes it even more frustrating when someone uses your work for their advertising without consent or payment).

Situations like this pop up all the time in the photography industry. Maybe a venue uses your image on a magazine advertisement without paying for the rights to use it or you see a local dress shop using your images for their latest campaign. In fact, The TLP Facebook Community is filled with questions surrounding this exact topic so you are in good company if you’ve ever wondered, “How do I protect my images while also being generous with my work?” 

The solution is quite simple…a licensing agreement can help! 

Although vendors often work together, that does not mean you have to give your copyrighted work to vendors for free nor can your vendors automatically use your photos without consent. In Episode 140 of The Legal Paige Podcast I dig into the power of licensing agreements and how you can ultimately leverage them in your business. 

DO PHOTOGRAPHERS HAVE COPYRIGHT OWNERSHIP OVER THEIR IMAGES? 

Before we dig into licensing agreements, let’s address the legal heavy question on your mind: Do photographers have sole copyright ownership over their images?

The answer is YES! A hundred times over, yes. 

(Under U.S. Law, The Copyright Act of 1976 and Title U.S.C. 17 to be exact). 

Copyright protection exists the moment your work is created and fixed in a tangible form that can be seen either directly (in a physical form) or with the aid of a machine or device, such as a digital/film camera and computer.

This means you have copyright ownership over your photographs the moment your clients pose, say cheese, or make a funny face and your button is clicked. 

With all this in mind remember this: vendors should NOT be using your photos without your permission, in fact NO ONE should be using your photos for commercial reasons without your permission. This is considered copyright infringement and it is against the law. To help protect yourself from infringement we recommend you make it known to every vendor that they can only use your photos if they license them from you first.

SHOULD YOU SHARE YOUR IMAGES WITH VENDORS FOR FREE? 

It goes without saying, I am an attorney…not your marketing advisor. There are a wide array of opinions on this topic and some marketing experts m

When it comes to the Covid-19 pandemic, we’ve come a long way since March 2020. National shutdowns and event restrictions are seemingly over (knock on wood) and many business owners are wondering whether they still need to address Covid-19 within their contracts.

The short answer? Yes. 

The Covid-19 virus is still an issue, people are getting sick with new variants, and the CDC has kept quarantine measures in place for those that test positive. By no means is Covid-19 obsolete – but it also looks a lot different than it did three years ago. Many people are vaccinated, stores and businesses are fully open, events are happening on schedule, and the scary part of the pandemic seems to be behind us. With all that in mind, it’s important to review your business’ Covid-19 policies and adjust them to align with the times.

In Episode 139 of The Legal Paige Podcast, I stay at the forefront of the pandemic and share my legal perspective on how to keep your business legit and protected with the ever-changing nature of Covid-19. It has been a long three years since this virus appeared and it’s important to adapt your policies to protect yourself and your assets as the world adapts to the new normal. Covid-19 is here to stay but that doesn't mean you should be losing money or compromising your policies indefinitely. Here are a few important things to consider: 

COVID-19 POSTPONEMENT + CANCELLATION CLAUSES  ARE A THING OF THE PAST 

At the beginning of the pandemic, many entrepreneurs added our Covid-19 Postponement & Cancellation Clause to their contract. From March-December 2020, that was100% appropriate as new clients were trying to book and wanted a little ‘pressure release’ on rescheduling in case of issues with hosting their wedding/event due to Covid. 

Now, as Covid-19 has become a permanent fixture in today’s world, entrepreneurs have to make hard business rules surrounding their rescheduling and cancellation policies. More and more people in the event and wedding industry are NOT allowing clients to reschedule or cancel anymore due to Covid-19. This is because if clients are choosing to plan an event right now, they are accepting the risk that Covid poses and choose voluntarily to proceed with those planning risks. Not to mention, if you are willing to block out dates on your calendar and say no to other clients; you cannot afford to allow unending reschedules or cancellations forever.  

Ultimately, it makes sense for business owners to no longer give this “pressure release valve” or “open-ended rescheduling opportunity” to their clients. In fact, this is what I recommend as we move into the foreseeable future.

AN ACKNOWLEDGEMENT OF COVID-19 AND NO RESCHEDULING CLAUSE IS THE WAY TO GO MOVING FORWARD 

The  Acknowledgement of Covid-19 and No Rescheduling Clause is a resource that still deserves a spot in your contract. This clause will help you communicate to your clients that you DON’T allow rescheduling due to Covid and that you have business policies in place that will apply if they try to change their date due to fear of Covid (i.e. rescheduling fees should apply!) 

This clause also outlines that you will continue to perform your services for their wedding/event as long as you are legally able to do so (aka as long as there isn’t a stay-at-home order in place, you contract Covid, or you have been deemed a “close contact” with someone who tested positive and is supposed to quarantine for the health and safety of others). Thus, as long as you can operate your business and do what you are contracted to do for your clients, you will con

Truth be told, social media hashtag strategies are becoming more complex by the day. The algorithms change on a dime and even seasoned business owners feel like they take one step forward and two steps back. Not to mention shadowbanning (where you can use one wrong hashtag that leaves you in the dark for an extended period of time) OR all the legal implications of using brand hashtags and potential copyright infringement.

It can be tempting to crawl into a metaphorical hole and never touch social media again, but as a business owner it’s smart to have some sort of online presence. With all its ups and downs, social media can help you reach people who may not have found you otherwise and that is worth its weight in gold. In Episode #138 of The Legal Paige Podcast, I break down one of the main legal dangers on social media: Using brand hashtags! Knowledge is power and by being aware of the potential pitfalls, you can navigate social media with more confidence and ease.  

This episode was inspired by a question we received in The Legal Paige Facebook Community regarding Minted’s terms and conditions for using their hashtags. Basically, if you use certain hashtags like #sharemyminted or #mintedartist with a photo online then Minted claims you have essentially agreed to let them do whatever they want with the photo ( including share, reproduce, create derivative works of art from your photo without any compensation). Press play for my take on this situation as well as more tips on using brand hashtags without causing a lawsuit. 

INTELLECTUAL PROPERTY RIGHTS + HASHTAGS 

The first thing you should note is that a company may have intellectual property rights to their hashtags. Hashtags have become an integral part of selling products- especially on Facebook and Instagram- and courts are starting to address them in terms of intellectual property. Companies use hashtags during marketing campaigns and it reasonably follows that they want to monitor hashtag usage and prevent competitors from using it. 

Can one company monopolize a hashtag? The answer is yes! 

The United States Patent and Trademark Office gave some guidance regarding the protectability and registration of hashtags: “A mark comprising of or including the hash symbol (#) or the term ‘hashtag’ is registerable as a trademark of service only if it functions as an identifier of the source of the applicant’s goods or services.”

Hashtag trademarks that have been successfully registered as such in the United States include: #smilewithacoke and #cokecanpics (The Coca-Cola Company), #McDstories (McDonalds), and #makeitcount (Nike). Some hashtags that have been denied registribilty by the USPTO are #worldtravelor ( for a travel site), or  #friendsgiving ( for charitable fundraising services).  The distinction here is that the trademark was too broad. If you are going to trademark a brand hashtag it must identify your brand. 

Although the USPTO has recognized the right to protect your brands hashtags, courts have been a bit split on the issue.  A federal court in California ruled that hashtags are merely descriptive devices, not trademarks in and of themselves but in an eastern Louisiana court, hashtags w

Boudoir Photography is a beautiful way for people to celebrate their bodies, reconnect with themselves, and boost their confidence. There’s something downright empowering about (tastefully) baring it all- especially for women who are busy juggling all the roles and rarely have time to get in touch with their inner selves. On Episode #137 of The Legal Paige Podcast, I sat down with Emily Sacco of Emily Sacco Boudoir to dive into all the beauty (and bummers) of running a luxury boudoir photography business.  Every photography business has its challenges, but with boudoir you enter into particularly intimate territory with unique legal liabilities. Emily and I’s conversation will help you bolster your own boudoir photography business so you can move forward with confidence (and continue igniting confidence in the clients you serve). 

MEET EMILY SACCO

Emily Sacco is a strong working mom who owns a high-end boudoir photography business, Emily Sacco Boudoir. In her line of work, she sees countless women who struggle with feeling sexy and confident. That's why Emily is so passionate about helping women feel their best. She's helped countless women unlock their inner beauty and confidence and is excited to share her knowledge with the listeners of our podcast. Emily's real-life experience with running a business focused on empowering women makes her the perfect person to speak to this topic.

She truly believes that every woman is beautiful and deserves to feel confident in her own skin, and she is excited to share her knowledge with fellow photographers of the Legal Paige Podcast. Whether you're a photographer who’s a working mom like Emily, or simply looking for advice on up leveling your photography skills, Emily's insights are sure to help, inspire, and empower you in your own business. 

THE SIMPLEST WAY TO  PROTECT YOUR BOUDOIR PHOTOGRAPHY BUSINESS 

There are numerous ways to protect your boudoir photography business and a Cancellation and Rescheduling Clause is on the TOP of our list. Boudoir sessions are a luxury service that are prone to cancellations. If a client has to choose between repairing their broken down car or the boudoir shoot they booked a few months ago- the photoshoot will likely be the first thing to go. Similarly, boudoir sessions are intimate and personal which can leave many people with cold feet as their scheduled time draws near. Emily even overbooks by 2-3 sessions each month because it’s basically industry standard to receive that many cancellations and reschedules.

All that being said, a Cancellation Clause and Rescheduling Clause is a must if you are a boudoir photographer as they outline the policies and additional fees you will uphold if a client does choose to cancel or reschedule. Being proactive and addressing these situations at the beginning of your client relationship will ultimately save your bottom line and give you peace of mind. 

MORE FROM THIS EPISODE 

Press play on Episode #137 and you’ll hear more of Emily’s must have contract clauses, why she d

Imagine this: A wedding photographer booked a couple earlier this year. As the countdown grew closer to the big day, the monkeypox outbreak spread across the country, public health emergencies were declared, and the client spirals into a downright panic. The photographer opens up their email to find their client trying to get out of their contract due to the “national emergency”. Despite the photographers’ best customer service skills, the couple keeps persisting and states that the situation is Force Majeure- they can’t continue the event as planned and need to cancel ASAP. What should the photographer do? Do they have to cancel the event, refund the client, and take a huge loss? What legal leg do the clients actually have to stand on and ultimately…when IS a national public health emergency a valid cause for cancellation? 

Recently, The Legal Paige Facebook Community has been getting TONS of questions regarding cancellations, public health emergencies, and monkeypox (cue horrific flashbacks to 2020). As an attorney, I can assure you that not every situation is a Force Majeure event (even if your client tries to say it is). This podcast episode will shed light on how to navigate public health emergencies, what constitutes a real Force Majeure event, and the tools you need to have in your legal toolkit to navigate situations like monkeypox moving forward (Covid-19 PTSD not included). 

PUBLIC HEALTH EMERGENCIES + MONKEYPOX 

A Public Health Emergency is declared by the Secretary of Health and Human Services when they have determined a disease that may be of public concern. Most Public Health Emergencies have an expiration of 90 days but can be extended if the Secretary feels appropriate. When a Public Health Emergency is declared it opens up more funding for vaccinations, a quicker response time, and additional resources (i.e. it fast tracks the issue). 

On August 4th, U.S. Department of Health and Human Services Secretary Xavier Becerra declared Monkeypox a Public Health Emergency. Monkeypox is defined by the CDC as “a rare disease caused by infection with the monkeypox virus. Monkeypox virus is part of the same family of viruses as variola virus, the virus that causes smallpox. Monkeypox symptoms are similar to smallpox symptoms, but milder, and monkeypox is rarely fatal.” 

If Monkeypox is a rare disease and is rarely fatal you are probably wondering why the White House decided to declare it a Public Health Emergency. In the last few weeks the US has seen a significant uptick in cases that has caused some concern. At the time of recording, there were 7,510 cases in the United States with numbers on the rise. There is a vaccination for Monkeypox called JYNNEOS, but there is a limited supply which is causing a shortage in hospitals and pharmacies.  By declaring Monkeypox a Public Health Emergency the Biden Administration put the disease in the #1 line for funding and it prioritized the production of the JYNNEOS vaccine. 

WHAT ACTUALLY QUALIFIES AS A FORCE MAJEURE EVENT? 

During the beginning stages of the Covid-10 pandemic, many clients were able to cancel their contracts for their events by enacting the Force Majeure Clause. They were able to do this becaus

Imagine this: You’ve come up with a genius business idea and are 100% certain that it is THE next big thing. After much debate you brainstorm a name that is bound to go viral and quickly dig into bringing it all to life. You buy a website domain, grab the social media handle, and are well on your merry way to entrepreneurial success when you find out…someone else has your business name. *Cue sad trombone*

Do you throw a tantrum? Contact the person and cause a scene? Look at trademarking the name before they can? Or is it time to relinquish  your favorite business name (even though it makes you feel like your great idea is crumbling to the ground)?

In Episode #135 of The Legal Paie Podcast, I walk you through what you can and cannot do when it comes to using the same business name as someone else. Choosing a name for your business is important, expensive, and often an emotional process so it’s worth understanding how to navigate these sticky situations.

HOW TO PICK A BUSINESS NAME

When you are first starting out, it's important to make sure you are not using the same business name as someone else in your industry. If you are in the wedding and event industry in the Northeast and find a plumber with the same business name in the Southwest- don’t worry about changing your name. Legally speaking, you are probably okay because the likelihood of confusing the two brands is slim to none. On the other hand, if you own a business that sells tees and tanks and you want to use a name that a coffee shop is currently using- be careful! If that shop also sells branded t-shirts, you’ll want to consider a different name because they tangentially sell a clothing item in a similar realm to your business.

While some situations are more nuanced, others will automatically result in a Cease and Desist letter (with a gut-punch fine). ‘Apple’, ‘Spanx’, ‘Disney’, ‘Vogue’ - these are big enough companies that you should never mess with their name unless you want to get sued. They are federally trademarked, have in-house lawyers, and keep tabs on who may be infringing on their mark. Not worth it. 

So how DO you safely pick a business name? Research research research! 

1. Search for the name on Google. Search your name with keywords for your business and goods. If you find a company with your same name, look to see what goods they sell, or what they offer customers. Ask yourself if there is a chance they could ever sell what you are offering as a natural expansion to their business. If so, it’s time to pursue other options. 
2. Search for the name in your State Business Registry + State Trademark Registry. If you find a match, do some digging and find out what the other business is, whether it's still active and where it is located. 
3. Search for the name in the United States Patent and Trademark office. This is where things might get a bit complicated because the USPTO is a little hard to navigate and you may end up missing a business that has your name. If you are really concerned about your business name, a trademark attorney may be your best bet at finding out whether someone is using your name.

Is your dream job ‘travel influencer’? I don’t blame you! There’s something magical about the thought of traveling to the world’s most beautiful destinations, snapping awe-inspiring photos, and sharing your experiences with tens of thousands of fans.

As with any career, there are laws and regulations in place even in the influencing space that you should be aware of before you pack your suitcase. In fact, a travel influencer was sued this spring for saying she was the first woman to travel to every country online (along with many other issues). 

In this episode, Lauren Wolfe joins me to dig into this lawsuit, explain what happened, and go over why influencers need to be compliant when it comes to posting on social media. 

MEET LAUREN WOLFE 

Lauren Wolfe is Counsel at Travelers United, a consumer advocacy group focused on travel based in Washington, DC. When not doing consumer advocacy work, Lauren loves travel, running marathons very slowly and biking around town. She's been to over 100 countries and hopes to one day visit them all. As Counsel for Travelers United, Lauren brought the first non-profit case against an influencer for deceptive advertising and she's also the lead - and only - attorney against an army of corporate attorneys in Travelers United's suit against MGM Resorts International and their use of hotel resort fees. 

Be sure to follow along with Lauren + the good work she is doing with Travelers United:

Instagram: @wolfetravellaw

Website: Travelers United 

Facebook: Travelers United 

THE 3 BIG ISSUES WITH TRAVEL INFLUENCING TODAY 

When researching this case, Lauren found there are three big issues with travel influencing today. 1) Lack of clarity about what is a sponsored post. 2) Reviews by travel influencers that are not marked as paid reviews and  3) False biographical info to make themselves seem cooler to get more fans. The influencer that was sued had all three issues along with making up sponsorships she didn’t actually have. When it comes to the legal side of  influencer marketing, problems arise when influencers start promoting products, putting up affiliate links for products, or directly selling to consumers via social media or their own website and they make false claims while selling those goods.

MORE FROM THIS EPISODE 

Press play on Episode #134  and you’ll hear the nitty gritty of the lawsuit, Lauren’s advice for influencers to make sure they are staying within FTC guidelines, why influencers need to be aware of their individual state’s regulations, what rules international influencers need to follow with audiences that span the globe, and much more! If you want more helpful business advice like you’ll hear on the podcast, be sure to join The Legal Paige Facebook Community where thousands of entrepreneurs just like you are getting real-time 

In Episode #133 of The Legal Paige Podcast, I connected with wedding planner pro- Brandee Gaar- to dig into the legal, sticky situations that are common in the wedding planning industry (especially with inflation driving up costs), how to navigate destination weddings without hurting your bottom line, must-have clauses all wedding planners should have in their contracts, how to ensure you still get paid even if your client cancels last-minute, and so much more!  If you are a wedding planner (seasoned OR brand new), Brandee is a treasure trove of knowledge and this episode will set you on the fast track to a more legally legit, sustainable, and luxurious business.  

MEET BRANDEE GAAR 

Brandee is a luxury Event Planner, Thought Leader, Educational Speaker and Host of The Wedding Pro CEO Podcast. As a lifelong lover of all things events, Brandee spent 7 years as a corporate event planner with the prestigious Gaylord Hotels brand before opening her own event consulting firm. Blush by Brandee Gaar and Eleven Events by Blush have quickly become known for their over the top events and high touch standard of customer service. 

Brandee is passionate about teaching new and aspiring entrepreneurs her exact strategies in growing two 6-figure businesses. She provides expert tools for those who are ready to make their side hustle into a full time passion. Her goal is to help new businesses beat the statistics by starting with a success-minded focus! 

WANT A PROFITABLE WEDDING PLANNING BIZ? READ THIS 

In the age that we’re living in with pricing going all over the place, Brandee shared that one of the most IMPORTANT things wedding planners can do is be in touch with your industry! Stay in communication with your vendors & get a grip on what they are dealing with so you fully understand any price increases that might arise. For your clients, one of the biggest benefits to using a wedding planner is your advice and expertise. They are hiring you because you have a pulse on the industry, know what is happening, and can be a great negotiator for both sides. 

Advocate well for your partners and advocate well for your clients so that you can come to a beneficial, win-win agreement. With happy parties on both sides, your business will naturally grow. 

MORE FROM THIS EPISODE

Press play on Episode #133 and you’ll learn:

• How to avoid the legal, sticky situations that are common in the wedding planning industry (especially with inflation driving up costs). 
• Must-have clauses ALL wedding planners should have in their legal contracts. 
• How to ensure you still get paid even if your client cancels last-minute. 
• The reason “production sc

It’s that time of year again: WEDDING SEASON! If you’re a wedding photographer, you are right in the thick of busy weekends, back-and-forth communication, and a big editing queue. It's beautiful. It’s exhausting. And emotions are high.

So what do you do when emotions are a little bit too high? In this episode, I tackle the topic of the indecisive (and unhappy) client.

FRAMING THE SITUATION 

One year ago your clients (both spouses!) signed your wedding photography contract and you had them list out all the shots they wanted for their big day. 

Fast forward to their wedding and kids are running everywhere, family isn't anywhere to be found, and the bride just wants to get photos done because they are running behind schedule. 

You pull out that family photo list they created 60 days prior and—because people are not where they are supposed to be—your client tells you to skip a few shots and that “it really isn't a big deal”. You do your best to persuade them to get all the photos on your list, but they insists on moving on. 

Sound familiar? It’s par for the course in wedding photography…

On gallery delivery day they are upset because they wish they would have had that cousin shot they originally asked for. Even worse, they demand a refund because they claim you did not deliver what was in the poses list. What are you supposed to do?!

YOU WIN MORE BEES WITH HONEY 

You always want to handle this kind of situation with kindness. It’s important to try to retain the relationship (and hopefully get some good reviews). With that being said, there are steps you can take to be kind AND protect your own business from situations like this- namely, having a strong contract!

MORE FROM THIS EPISODE

Tune into Episode #132  and learn the exact clauses you need to have in your contract to protect you from this scenario, what I would personally say to a couple in this situation, an offer you may want to consider giving your couple when you miss shots on their wedding day, and what you can do if the bride absolutely insists on a refund. Photographers, press play on this one! And if you’re craving even more community? Be sure to join The Legal Paige Facebook Group where thousands of entrepreneurs just like you are getting real-time answers about running a professionally and legally legit business.