This is the kind of thing I was thinking.
Although, with "income generating", that's a little confusing. The things that generate income around me are obvious (Camera, laptop, lights etc). But what about the things that make clients choose me over other people?
To use kind of a bad example... if hiring me is known to include access to my PS5 and a really fun and casual work environment, and that plays a part in me getting more work, did it not generate income? (Can Google deduct all their beanbags and slides in the name of "employee happiness"?)
So with the Playstation, I doubt I'd be trying to claim it as a full deduction. But... it seems reasonable to find a proportion and deduct that if I'm doing it in the way I described?
With the props, I also feel like in some cases that's legit. I may not have bought my surfboard to only photograph, but maybe I bought this specific surfboard because it's really cool looking, you know?
This book has a chapter where one of the contributing authors suggests buying a Nintendo Wii. His reasoning is that it would keep clients smiling, and people who didn't need to be on set in that moment away from the work area (allowing for greater efficiency). Seems like a legit expense when you put it that way).
Trying to approach your clients after the fact my cause trouble.
Important “stuff” needs to be spelled out in WRITING on your estimate/invoice. I have a section on my estimate/invoice called “Usage/Rights” where the usage of the images is defined. I also include this verbiage “Photographer retains Copyright of the images and may use the images for self promotion”.
Clear concise definition of the scope of work and usage will save much heartache later on.
Oi vay, get these books: https://www.amazon.com/ASMP-Professional-Business-Practices-Photography/dp/1581154976 and https://www.amazon.com/Best-Business-Practices-Photographers-Third/dp/1681982668/
Most of it applies to videography as well. They cover copyright law, contracts, negotiating tactics, sample releases and more.
Do not give away the footage, license usage. At the minimum, get in writing, some kind of advertising of your services on their site or premises for as long as they use your footage. People who want stuff for free don't value your work.
I agree with you for the most part, but since everyone latched onto the PS5 above all else, I'll stick with that.
Buying a luxury car ($150,000) would absolutely not make sense when you could rent/hire it for $1500 a day,
Buying a PS5 ($750) that I could hire for $75 a day would only require 10 rentals before a purchase would make sense. Or to put it another way, it is 200 times less expensive than that car. So... surely there's a difference there?
And..,. if we take a $75 bottle of perfume, and the goal was to photograph it in hopes of landing a big cosmetics client (Or, a client who just wanted to see examples of my coolest work like I hope it would be)... I don't feel like that's a stretch, is it?
So, I do get (and mostly agree with) your theory, but there's a line here. Maybe a photographer can't justify the luxury car, but maybe there are some industries that can? But the law is the same I assume. So it's all down to what a specific tax payer can justify. (I would think?)
As for what clients like to see, you're right - commissioned would be more important. But to get those first commissions, you need something. So, I can't think of many ways to put together 10-20 incredible pictures that don't involve a folio/test shoot, and eating the expense of those until someone is paying you for it.
Yes, there'd be "cheaper" ways to get those images than to buy a $750 games console, but that's really a business decision isn't it? If for some reason I genuinely believe that I'd get more work if I had a shot "in my style" of a Playstation - except I needed a playstation to get that shot - surely that would be a legit reason to source one?
The question then becomes, what do I do with it after that, and does that matter? I genuinely used it to "market myself". And sure, I also played... 300 hours of games etc. So... that means its not a 100% deduction.
But let's say the other reason I chose not to return it was because I wanted to keep it as a prop (because I shoot lots of luxury interiors), that seems like a valid reason?
"Games console" is confusing the issue I think. Imagine it was a "nice chair" instead). A nice chair is definitely a prop. And if I have people come to my shoots and use my nice chair/PS5, then I used it for "client comfort", and hence it's a tax deduction, right?
I said this elsewhere, but in case you missed it - This book gives an example of using a Nintendo Wii to entertain clients and keeping only required personnel on set. Which... I know sounds crazy. But I was assisting in LA one time and they hired a DJ. No iPods... a literal dude being paid to spin records. On that shoot we had a chef to cook us 3 meals a day (No Uber Eats, or food delivered by a catering company... a guy was there, taking personalised orders. And I've heard stories of massage therapists on set as well.
Things like that seem really extravagant, but the clients LOVED it. They aren't shopping around on p[rice, I promise you. They chose him because he got the job done really nicely, but also.... it was frigging rad to go to work on his set.
So a PS5 doesn't seem that crazy, and it feels like a potentially legit expense... (IF you can justify it).
https://www.amazon.com/ASMP-Professional-Business-Practices-Photography/dp/1581154976
Highly recommend it. Includes sample contracts, releases, invoices. Tips on negotiating, copyright and more.
This one is 10 years newer, includes topics like social media: https://www.amazon.com/Best-Business-Practices-Photographers-Third/dp/1681982668/
You own the footage unless you are an employee of the brewery or signed a work-for-hire contract.
The network probably doesn't care who owns the footage, they just want to make sure they can have the rights to the footage without being sued.
You can write up a simple contract licensing rights to the brewery and allowing them to transfer rights for publicity's sake.
I highly recommend this book to those starting out: https://www.amazon.com/ASMP-Professional-Business-Practices-Photography/dp/1581154976
Yes, it's meant for photographers, but it covers negotiations, copyrights, sample model releases and contracts, etc.