Asker
Posted over 13 years ago.
Also, I should say Thank You for your answer!
F. J. Capriotti III Portland Immigration Attorney
Posted over 13 years ago.
Mr. Ferrari and I both have concerns ... you should be studying and not 'shooting' nor selling.
Asker
Posted over 13 years ago.
I'm not sure what you mean - the two are not exclusive. I am studying (more than full time) and in my spare time i take pictures (not to sell). I'm assuming up to now all is well.
Now, uploading these pictures to a website can constitute employment? If so, I won't upload -- but I *do* have pictures that were uploaded a long time ago (long before the F1 Visa) - are there concerns with those?
F. J. Capriotti III Portland Immigration Attorney
Posted over 13 years ago.
I understand, yes it is possible to study & take fotos for pleasure.
You keep saying that these photos were uploaded before you had the F-1. What you're not saying is where you were when you took the pictures. If you were in the US what kind of visa did you have when you took them. Nor did you state where you were when they were uploaded, if you used a US-based e-mail account/address and ... most importantly where the payment goes.
Keep in mind that uploading isn't employment ... selling them is.
Asker
Posted over 13 years ago.
Thank you. This is very useful and I kind of feel bad to keep clarifying my questions here and taking your time. But if you're willing, let me clarify:
I uploaded and took pictures in my home country. My address is from my home country. The payment goes to a paypal account.
I'm a little confused about "employment" in this case - I'm not selling the pictures. I upload the pictures to a stock website. The website sells the picture, and gives me royalty (e.g. a few cents to a few dollars per sale). Where in this am I "employed"?
Does any of this change if I want to upload new pictures I take/Upload here? I'm getting the sense that it is a gray area, but nonetheless I should avoid doing it.
Thanks again for your comments!
F. J. Capriotti III Portland Immigration Attorney
Posted over 13 years ago.
The photos you took in a foreign country and uploaded while in a foreign country ... can be sold .... as long as your PayPal account isn't 'linked' to a US bank account.
As for the website selling the photos and not you ... please get 'real'.
The website is your 'agent' and is selling them on your behalf .... that is the same as you selling them.
Read the agreement you signed (or agreed to).
Don't upload new photos that were taken in the US and don't have your PayPal account linked to a US bank account.
Asker
Posted over 13 years ago.
Thanks for all the info! I certainly understand that the website can count as my 'agent', I just didn't understand that that counts as employment - it's a little weird when I am currently doing nothing but count as 'employed' - It seems a little that just receiving money is the action to be careful about. The website contract does not mention employment or agent - it essentially says that I've given the photo rights to them, and they can sell it or whatever, and they would give me royalties. Anyway, I understand how this can be interpreted.
I will not upload any more pictures.
Thanks again
F. J. Capriotti III Portland Immigration Attorney
Posted over 13 years ago.
I wish you well and encourage you to continue taking fotos .... saving them for sale at a time when you are either back home, or have a US visa that allows unlimited employment.
Asker
Posted over 13 years ago.
GAH, can't believe I made this typo, I mean't to say "...and am now receiving royalty for them...
I make coffee change, basically - about 50$/mo.
It feels like making money of pictures I took a long time ago should be okay - but what if i take pictures (on my own time) and upload them nowadays (while in the US on an F1)?
I would talk to an attorney, but it will probably cost more than the money I make :). Also, our foreign student adviser doesn't know much about this.