Legal Matters for Photographers, with Rachel Brenke, TheLawTog®


Do you have questions about establishing your photography business and legally protecting yourself and your images? From setting up a business entity to drafting client contracts to key terms in a model release, we cover these points and much, much more, during an in-depth discussion with intellectual property attorney Rachel Brenke.

Listen in and learn about the value of contracts as the center point in any sort of business transaction. You’ll also discover how the legal tripod of a business entity, attorney-drafted contracts, and liability insurance can create a powerful force field of protection. During the show’s second half we explore various infringement scenarios, and even take the plunge into potential legal implications in the wake of AI technology and other current trends.

Guest: Rachel Brenke

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Episode Timeline:

  • 2:18: What is TheLawTog®? How Rachel Brenke came up with the name for this service, and some background on her career.
  • 9:42: State-specific legal requirements and Brenke’s strategy to build a network of lawyers in different states for a continuity of legal assistance.
  • 12:25: The difference between services offered by Brenke’s network and professional organizations that provide legal advice for their members.
  • 19:02: What’s most essential for a new photographer to establish first, a business entity or client contracts?
  • 23:07: What does it mean for a photographer to be marketing illegally and what potential consequences might result from this situation?
  • 28:06: Episode Break
  • 28:59: Model releases, legal matters, and distinguishing the right to privacy from the right to publicity. Having a model release that speaks to a person’s publicity rights is incredibly important.
  • 36:05: The volume of copyright infringement inquiries received by the Eden Law website, and the reasons why the firm might decline to handle a case.
  • 43:05: Legal issues caused by influencers who hire photographers and then provide content to third parties for use.
  • 46:36: The murky legal questions surrounding AI technologies and a double-edged attitude about infringement.
  • 58:16: Brenke’s take on the Supreme Court decision in the Fair Use case between photographer Lynn Goldsmith and the Andy Warhol Foundation.

Guest Bio:

Rachel Brenke is an intellectual property attorney, entrepreneur, owner and managing partner of Eden Law and TheLawTog®. She advises clients on all aspects of intellectual property, including copyright registration and protection. She has worked with small-business entrepreneurs to battle against large corporations for successful wins in copyright and trademark matters. In addition to her legal and business careers, she is an ironman triathlete, Team USA athlete, mother of five, Army veteran wife, and dog-rescuer. The owner of multiple businesses, she also hosts a top business podcast, Real Biz Talk®.

Stay Connected:

Rachel Brenke Website:
TheLawTog® Website:
Eden Law Website:
Rachel Brenke Instagram:
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Host: Allan Weitz
Senior Creative Producer: Jill Waterman
Senior Producer: Mike Weinstein
Executive Producer: Yermy Weiss
Editorial Director: Shawn C Steiner