business – Page 7 – Burns the Attorney, Inc.

August 20, 2017May 20, 2020

Fear and Professionalism, v.2.0

As I said in my last post, I want to share some of my previous writings on the subject of fear and professionalism. Today, a post that is very near and dear to me, being that it was made on a very important day in my life: the day I officially became a lawyer.

What I didn’t write at the time was that, when this happened, I was in the middle of a humiliating break-up and mentally at a spectacularly low point. I was looking for a place to live back in San Diego (I had moved to LA right after taking the Bar), was middle-aged, post-law-school (and post-relationship) flat broke, and quite literally I had no one physically near to celebrate with me on this day. I had considered skipping this big ceremony, fearing I would stand out for being old(er), utterly solo, and potentially looking like a loser if I ran into people from school who knew about the relationship and move but not the break-up and return. I felt like I had a big neon “PATHETIC” sign above my head and was afraid I’d burst into tears if anyone spoke to me. Of course, this was all only in my head, but it felt pretty real (and raw) at the time.

Obviously, I screwed up my courage, drove down, and attended the ceremonies. I chose to put a smile on my face and stay mindful of the event itself and all its parts. I’m so glad I did. If I hadn’t faced the fear, I would have missed out so much I hope always to remember. Here is just a bit of what I learned that day.

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Fear and the Law and the Arts[1]

Today, I took my oaths and became a real, licensed attorney. The ceremonies and speeches were rather moving and, often during the speeches, I thought about you: the photographers and other creatives with whom I have worked for so long. Surprisingly, much of what was said applied to you as well as us, the new attorneys.

There was one speech in particular that really struck me. One of the officers of the State Bar of California talked to us about fear in the profession. He explained that he had suffered from severe anxiety after being in combat, which resulted in him being afraid of speaking in public. He was afraid even to be in a room with more than one or two others. He was terrified of trying to communicate with anyone. And, during all this, he was applying for law school, wanting to pursue a profession that required him to do everything that, frankly, scared the hell out of him.

He explained that, over time, he read everything he could about fear to try and figure out what was going on (this was before we understood about PTSD). After a while, he began to realize that whatever he feared was inevitably in his path to success: from simple things like asking a girl out to his desired profession. No matter what he wanted, he’d have some fear block his path. But other things didn’t scare him and, interestingly, those things were not on his path to success. He realized that if he let the fear win, he’d never get what he wanted, so he did what he needed to, scared out of his wits as he did it.

Then, he turned and gestured to the long row of judges (federal and state appellate, about 12 or so of them) seated behind him on the dais. He said (as close as I can remember) They are afraid. Every day, they are afraid. Every day I am afraid. Every day, every one of us is afraid. He then said, essentially, that we need to lean into our fear to get where we want to go. He said that, for him, he knows now that if something scares him, that is his sign that he needs to do whatever that scary thing is. If he avoids it, he will be avoiding something that will bring him more success.

I loved that speech. It was wonderful, honest, and I knew from my own experiences that he was right. I know he was right for me and for you. Lean into your fears if you want to be successful.

There was one other thing that struck me in the speeches that I thought I should share with you. As we were about to take the oath to be admitted to the Federal District Court for the Southern District of California, an 80+ year old Federal Judge said, with deep sincerity, that whatever we do in our lives and careers, we must not stop being idealists. When he said that, I was brought to the verge of tears because, throughout my life, I have been called an idealist. This was never said as a positive, it was always said like it was something bad. Well, I am an idealist and I’m not going to apologize for it ever again[2].

I think all artists are also idealists. You have to be to do what you do. If you weren’t, if you didn’t hold the belief that art, your art, is of enough value to make a living making it, youd be an accountant or firefighter or whatever. Hold onto that idealism and don’t you apologize for it either.

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[1] Originally written and posted on June 1, 2011.

[2] For the record, I’ve stuck to that pledge. Since writing this piece I’ve received vile threats and other online bullying, but I’m proud to stand for strong copyright and my clients’ rights.

August 7, 2017May 20, 2020

On Amateurism v Professionalism, and Fear

This morning, I read this Farnam Street Blog post about the difference between amateurs and professionals. What I was going to write today went out the window.

I know lots of people, especially (but not exclusively) creative people, who call themselves professionals but who act and think like amateurs. It’s something I wrote about often when I was a rep and consultant; now that I’m an attorney, I see it all the more. The gist: fear versus reality.

As Mr. Parrish points out in the piece, people working from a fear-based mindset rather than a reality-based one make poorer choices and behave in limiting ways. I know this from personal experience. I was reared to respond to fear (risk-averse is an understatement!) rather than accept reality and use that reality to reach and work for more. In fact, the first half of my life (so far) was lived that way.

Then, I made a conscious change. It started small but, as Dr. Seuss might say, it grew and it grew. Now, when I look back on my life, I see that I have accomplished a lot and been more successful in many ways than I ever thought I would be. Why? Because I took risks and I pushed myself to do new things. I didn’t let the fear win.

With that in mind, over the next couple of weeks Im going to re-publish some of my previous writings on fighting fear and being a successful creative. I hope you’ll find them helpful. I’ll warn you, sometimes the language will not be entirely safe for work and some of you may not hire me because of it.

But, I’m not going to be afraid of that.

Here is the first, from June 19th, 2013:

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What Are You Waiting For?

Yesterday, I saw that a promising reporter was killed in an auto accident in Los Angeles. He was 33. This morning, there was news a best-selling novelist had died of an aggressive cancer. He was 47. And now, as I sat down to begin writing this piece, the news confirmed that James Gandolfini (star of The Sopranos) had died. He was 51.

I share this data with you not to depress but to remind you that life is unpredictable and often way too short. So, what are you waiting for?

Are you afraid of failing? Why? What is the worst that will happen? You’ll lose your home and end up living under a bridge someplace, and you have kids?

Lame excuse.
You read me right, that is just lame.
Guess what, you can do everything right and that dark future can still happen.

Or you can do everything right and get hit by a bus. Or have a heart attack or get cancer or, well, just about anything.

You have one chance at this life (well, one conscious one, if the Hindus and Buddhists, et al., are right) and you have no control over when it will end. So, I ask again, What are you waiting for?

You chose to be an artist and with that came the requirement that you have faith. Not faith in a god (not that you cant have that) but faith in yourself, in your art, and that somehow you’ll make it all work. That’s fabulous. It’s amazing. It’s actually empowering, if you stop shaking in your boots and look at it.

Being an artist requires you actually acting on that faith. You can’t say I choose to be a photographer/designer/writer and then play it safe. You have to do. You have to leap. You have to try and fail (or succeed) and try again and fail (or succeed) and keep doing that over and over again.

For the rest of your life.
That is the bargain you agreed to when you chose to be a professional artist. You have to make, and do, and (sometimes) make do.

The one thing you cannot do is wait for things to be perfect before taking the next step. I’m sick of hearing artists say I can’t send the promo because the site isn’t perfect or I’m not sure my list/promo/portfolio/edit/studio/haircut is perfect so I can’t____. I can’t. I can’t. I can’t.

If you make some excuse for not doing, then get a real fucking job because you dont deserve to be an artist. You dont have the guts.

I say that with love (you know that, I hope, by now).
But it is true.

Frankly, it’s true for any profession. It’s as true for me as it is for you. We have to get out there and do. We can’t be bound up by the fears of getting stuff wrong (which, by the way, is much worse in my profession than yours) or failing. We have to do and leap and try. Every bloody day.

Not only will doing this give you your best shot at being successful (and it will), it will make you happier in the process. Following your dream, doing what you love, isn’t that worth the risk of trying? Why be an artist if you never get to make your own art?

Life is (sadly) short for too many people. We don’t know when our last breath will come. No matter how well we treat our bodies, it is ultimately out of out control when Death will come. And each of you deserves to have loved the life you have. The only way for that to happen is to try, to do, to make your art, to follow your dream, to risk, to fail, and to do it all again the next day.

So, what are you waiting for?

July 10, 2017

Forming an Entity: The Other Stuff

I wrote recently on some of the copyright considerations related to running your business as an entity. Today, I want to address some of the other things you have to do whenyou decide to form an entity. First, a quick reminder that I am speaking generally here and with California law in mind: each state has its own laws so your mileage may vary, so to speak.

Most creative pros start their businesses as sole proprietorships. As Ive explained before, there are no formalities required to do that, outside of maybe having to register a fictitious business name (DBA) with your county or city. Forming an entity requires filing various papers with the state, but after that is done, are you done? Not by a long shot.

Assuming youve been running your business like a business, you may have things like business banking accounts, credit cards, or insurance policies. When you have a new entity, you are going to have to convert all of these to the new entity. In some (probably most) cases, youre going to have to close existing accounts and open new ones. Youll also have to get new checks printed.

Its particularly important to talk to your insurance provider to get your policies worked out. You dont want to get caught with those proverbial pants down. This may also mean your auto policy, dont forget.

Speaking of your car, did your CPA tell you it would be best to have your company own your car? Then, youll have to transfer it (and yes, we all love the DMV, but do it). What about your other assets? Computers? Cameras? Furniture, etc.? Even if you own these things outright, it would be best to document the transfer of the assets to your new entity. Talk to your CPA before doing any of this to make sure you dont do anything to mess up her/his careful tax planning for you.

You also need to think about your IP licenses. No, not your licenses out (those you sell to other people to permit them to use your work–although you will need to update those moving forward) but the one ones you purchased for things like the software that you use in your business. Some of those will be non-transferable and you will have to purchase new licenses. Dont get angry about it and dont skip this–especially if you issue non-transferable licenses, you should understand this.

You may also have issues with any office/studio space you lease (landlords often will be fine with updating a lease) and definitely youll need to set up new payroll accounts if you have employees, including getting a new EIN number for the entity not to mention new workers comp., etc. Also, if you have a business license with the city (or county) you’ll have to get a new one for the new entity, too.

Finally, you need to learn how to sign documents properly for your entity. You may no longer sign justBetty Smith, but rather must sign as Betty Smith, Managing Member, Smith Creative, LLC, a California LLC, if you formed an LLC; or, if you did the corporation thing, Betty Smith, President, Smith Creative, Inc., a California Corporation. Yes, it’s a pain in the butt but if you don’t sign properly you can personally be liable for things. No, I’m not kidding.

Relatedly, you will need to update all your business paperwork to reflect the new entity–like your licenses you offer clientsand your contracts/estimates/invoices/model releases/etc. Also be careful in the contracts you are offered: make sure they are naming the entity and not you as the party and that there are no “Personal Guarantees” or other clauses that effectively remove the protections of the entity.

Your CPA should provide you with a lot of guidance on the financially related changes you needs to make. An attorney can help you with the rest.

July 2, 2017

One Year

Yesterday, July 1, was the first anniversary of Burns the Attorney.
Ive been incredibly lucky. Its been a really good first year.

I have wonderful clients, both new and old, who honor me with their trust. I take very seriously their reliance on me to do my best for them because, in very important ways, it means I help them focus on being creative professionals. Think about it: which would an artist rather do, make new art or chase down people who have used existing art without permission or payment?

That is most of what I do, helping artists with copyright infringement matters. But I do other legal work as well, of course. In the past year, Ive helped clients with contracts and releases, discussed business formations and the effects of community property on clients copyrights, and, well, lots of other things too.

Not everyone gets the opportunity to do what she really loves. I do, and I am so grateful for it.

I want to thank all of my clients and, in advance, all of those who will call on me to help in the future. I intend to be here for some time, serving artists of all sorts.

If you ever need me, you know where to find me.

And thanks.

June 26, 2017March 1, 2022

WMFH Affects More Than Copyrights

Creative pros have been understandably angry at the words work made for hire (WMFH) for some time. I mean, clients try to sneak that into contracts all the time and it means you, creative pro, have to carefully watch out for it, lest you sign that bad boy and end up making the client the author and owner of what should be your copyrights. So sure, those words tend to raise a creative pros hackles.

But this post isn’t about how your copyrights are affected with a WMFH contract; it’s about other effects of such an agreement.

Now, before I go any further, I’m only talking about California law here. If you are in another state, the rules (probably) aren’t the same. That being said, if you ever work in California or for a company in California, you might want to pay attention.

There is another side to WMFH agreements in the Golden State. If you are a sole proprietor business (that is, not an entity of some kind, like a corporation or an LLC), and someone hires you as an independent contractor, and the signed contract includes a WMFH clause, then you are statutorily an employee and the employer has to follow the laws regarding unemployment, disability, and workers compensation insurance as if you were a regular employee. According to the California Labor Code[1], if a person is hired to create a commissioned work and the parties agree in a signed writing that the work shall be considered a work made for hire, as defined in Section 101 of Title 17 of the United States Code, then, boom, the hired person is a statutory employee. Moreover, the California Unemployment Insurance Code[2] says almost exactly the same thing. Basically, every code that deals with unemployment, disability (including paid family leave) and workers comp has something about WMFH like this.

Anyway, failure by the employer to follow the rules means the employer can be hit with substantial fines and even jail time! Yikes!

“So what?” you may be thinking, “only the state cares but it doesn’t really affect me,” but you’d be wrong. Those are rights to which you are entitled under California law. If you get injured on the project, for example, Workers Comp should pay your medical bills (roughly speaking). Also, the law is unclear[3] about other benefits that employers in California must supply to such employees, so it may be that you, as the employee, are entitled to other things beyond being paid as an employee (including having the employer pay its half of FICA) rather than an independent contractor, like having limits on time/overtime, etc.

If you live and generally work in some other state but come to California for a WMFH project, then you too would likely be considered a statutory employee under California law as well[4], and maybe if the company is here but you aren’t. Also, if you work physically here, your pay would probably be subject to California personal income tax withholding[5].

Most importantly, if you are in California (resident/business) and you hire assistants or other independent contractor workers and you have a WMFH clause in the contract you have these people sign, you also need to know this info. You have to follow these same rules! There are ways to avoid some of these issues (for example, maybe an assignment clause instead of a WMFH), but there are downsides to the other options as well. Talk to an attorney to get the best advice for your particular situation.

Oh, and don’t forget, if you are in California, you really, really must pay your people on time.
[**UPDATE** There is more time to pay now, but it’s still faster than you might think]

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[1] California Labor Code Section 3351.5(c).

[2] California Unemployment Insurance Code Section 686.

[3] The statutes don’t seem to say explicitly one way or the other; a court could possibly make the analogy and apply the same rules to pay, time off, etc.

[4]See http://www.edd.ca.gov/pdf_pub_ctr/de231d.pdf.

[5] Id. (That means, same source as I just cited, for the non-nerdy readers).

June 19, 2017February 5, 2019

Forming an Entity: Watch for Issues

Most creative professionals start their businesses without doing anything more than accepting the first freelance project offered. That is, they don’t bother to do anything about forming a legal entity like a corporation. That’s fine; if you don’t do anything and you work solo, you are a sole proprietor. After that first project, if you continue doing business, getting projects, cashing checks, you probably won’t think about your business structure any further.

At least for a while.

One day, you, the now-successful creative pro hires an accountant to do your taxes and that CPA tells you you should incorporate or form an LLC. The accountant is concerned about the relative tax burdens and, often, it does make immediate financial sense to form an entity; that is, you can save a bundle on your taxes. But, the accountant doesn’t (probably) know about the copyright ramifications, and (usually) neither does the average creative pro.

Yes, there are copyright ramifications.

Overall, there are a whole host of legal issues to consider when it comes to potentially forming an entity. Most people focus on the tax issues, and that makes sense, but there are other legal issues and I highly encourage anyone considering forming an entity to talk to a lawyer before taking that step. Anyway, for this post, I’m only going to focus on the copyright one as it is most often totally ignored, and it shouldn’t be.

So, let’s imagine you have formed a single-member LLC and, as per your CPA, you’ve made yourself an employee of that LLC. Your tax bill thanks you. Now, however, when you make your art (whatever kind of art you make–doesnt matter), who owns its copyright?

If you said you do, you’d be wrong. Even though you are the only member of your entity (the LLC), it’s that entity that owns the copyright in the art you make as an employee of that entity. It’s an automatic work-made-for-hire. No writing required.

Well, I hear you saying, but I am the entity so it’s the same thing. Nice try; but, under the law, no, you aren’t and no, it isn’t at all.

First, since the entity is now the author of the work, the length of the copyright is no longer life of the author plus 70 years. A copyright authored by an entity lasts either 95 years after its first publication or 120 years after its creation, whichever is shorter[1]. By the way, there is an exception to this to get back to the authors death +70 years length, but it requires more paperwork and I know how much y’all love paperwork.

Second, when you register that copyright, you need to do it correctly. You have to name the entity as the author and the claimant because you, as an individual, by law did not create and do not own the copyright. While screwing this up doesnt necessarily totally void a registration, it certainly will be an issue if you ever get infringed. You (and your lawyer) don’t want to have to fight about the validity of your registration. I’ve seen it in cases and it could result in a great case becoming a loser. Remember, if you sue for infringement and lose, you might end up being required to pay the other side’s attorneys’ fees and costs; you don’t want something like this to scuttle your otherwise watertight ship.

Third, let’s say you get hit by a bus and shuffle off the mortal coil, who gets the copyrights your entity owns? And what about existing licenses and royalties based off those copyrights–who gets the money? It’s not so easy, if you havent planned ahead. Do you have a succession plan in place for your entity?

None of these issues are insurmountable at all. For example, you can have a writing that keeps the copyrights created after the entity is formed as your own (if you want to do that and there are reasons to do that, or not). Overall, the issues beyond the tax ones that come up when you form an entity, including copyright ones, do require some thought and there are decisions that need to be made and new processes need to be learned if you decide to go ahead and incorporate.

Don’t go it alone and hope it all works out–thats a lousy business strategy. Talk to your own attorney and get good, personalized advice.

[1] 17 USC 302(c).

June 5, 2017

Safe Harbors, Piracy, and Your Value

I could write on this issue, but I’ll save the time and point you toDavid Newhoff over at Illusion of More. In this post, Mr. Newhoff discusses the differences and, importantly, the similarities facing artists in the USA as compared to the Canadians when it comes to the (false) promises made by tech to improve the lives of artists. Miranda Mullholland made a wonderful and passionate speech to the Economic Clubof Canada about her (and others’) life as a musician–one who works her ass off but who barely makes a living. Watch her video and read Newhoff’s comments. I won’t reiterate it all here.

I will say this, though:

You make the art, be it music, photographs, design, illustrations, and it is art–the platforms can’t be successful without you.
Stop calling the art you createcontent and stop letting people rip you off both directly and by devaluing what you do (like, by calling it content).
Don’t rip off anyone else and support all other artists, yes, even (especially) when it costs you more.

May 16, 2017

The No-Pin Tag (who knew?)

I dont like Pinterest.

Anyone who knows me knows Ive complained about it since I first learned of it. In my opinion, its business model is based on exploitation of creative works, mostly without the authorization of the creators/copyright owners of the works. All its money has been generated on the back of creatives, few of whom ever get any real benefit from it.

One of the things I do not like about Pinterest is how it not only exploits the safe harbor of the DMCA (takedown process) to protect itself, but also it flips the entire idea of how copyright is supposed to work on its head. In short, rather than making its platform opt-in, it forces creators to opt-out.

Normally, to use (copy, publish, display, etc.) a creative work, first you have to ask permission. If Pinterest wanted to do things in a creator-friendly way, it would have set up its system so that creators could opt-in to have their works (that appear on their websites) eligible to be included on Pinterest. Instead, Pinterest will permit any work to be posted from any creators site onto its site unless the creator blocks her/his/its work or site. Essentially, that is an opt-out requirement. That is dirty pool, in my opinion; its flipping the burden.

Regardless of my personal feelings, that is how it works. According to Pinterest itself, if youd like to block your work, you can do so by virtue of including a bit of code into your websites code. That code is called the no-pin tag. See https://help.pinterest.com/en/articles/prevent-people-saving-things-pinterest-your-site, which says:

If you don’t want people to save things to Pinterest from your website, just paste this code into the <head> section of any page on your site:

<meta name=”pinterest” content=”nopin” />

When someone tries to save things to Pinterest from your site, they’ll see thismessage:This site doesn’t allow saving to Pinterest. Please contact the owner with any questions. Thanks for visiting!

You can also prevent any individual image from being used by (as the page cited above notes):

add this tag to [the single image]:

<img src = “foo.jpg” nopin = “nopin” />

Now, I had no idea until today that there was such a thing as a “no-pin tag.” I’m a copyright attorney and I’ve pursued infringers on Pinterest before, and yet even I didn’t know about this. Crazy. But now I do and that’s why I’m telling you about it, as soon as I could.

I honestly dont know any creative pro who is making money from her/his/their work being taken from her/his/their own site and used on Pinterest. At best, I know of a few who have shot for corporate or advertising clients who then used the work on Pinterest, but they got paid by their client(s) for the license. Pinterest is, I think, a trojan horse of a site that scares people into thinking “I have to let people pin my work so that they see it and I get hired!” but, really, it doesn’t work that way. Housewives in Podunk, USAare unlikely to hire you.

Putting on my marketing consultant hat for a minute, I would never recommend a creative permit work to be used on Pinterest without a paid license. Instead, keep your work on your own site, preferably with a watermark on each work and a proper copyright notice on or next to each work, too. Register the copyright in your works asap after creation. Embed the no-pin tag on your site. Then, if your work gets used, including pinned, without your permission, go after the infringer and protect your rights.

April 3, 2017

Pursuing Infringers: Good For You & Your Clients, Too

I just read this interview with photographer Andrew Buchanan, on the Copyright Alliance site (by the way, if you aren’t a member of the Copyright Alliance, you should be, in my opinion). In it, he says that he pursues infringers not only because he deserves to get paid for his work, but also because his clients pay him for his original work and if infringers use the work, then his clients are getting hurt.

I love that attitude and smart business thinking. By pursuing infringers, you are serving your clients as well as protecting yourself. You can even use that in your marketing! Let your clients know that while you can’t get every infringer, you do make efforts to make sure that infringers don’t use the work you are licensing. That is an added service value.

Mr. Buchanan is right in that registration is still a pain in the ass in some ways (like the whole published/unpublished thing, to start), but it’s part of what you need to do to ensure the viability of your cases, especially the more minor value infringements. I read a case recently, Gonzales v. Transfer Technologies, Inc., 301 F. 3d 608, 609 (7th Cir. 2002), that noted:

No one can prosecute a copyright suit for $3,000. The effect of the district court’s decision if universalized would be to allow minor infringements, though willful, to be committed with impunity, to be in effect privileged, immune from legal redress. The smaller the damages, provided there is a real, and especially a willful, infringement, the stronger the case for an award of attorneys’ fees.

That’s great, and it also shows what I keep saying: you can (and should) go after small infringements and they don’t all cost $100K to do (not even close). But, and this is a big BUT, you can only possibly get attorneys’ fees if you have registered the copyright in your work before the infringement in question starts (or within a 3-month window of first publication for published work only).

So, register your work asap after creation, go after infringers, and tell your clients you are protecting them as well as yourself by doing so. You might even consider raising your rates to reflect your added value to your clients.
Just a thought. 🙂

December 28, 2016

2017 Planning Ideas

The end of the year brings out the compulsion to make lists and I am no exception to that. It is a good time, now, in the days before the new year, to make some plans and changes to your business. Hopefully, the list below will give you some ideas of things you can do in 2017 to have a happier, more productive and lucrative, and more legally prepped (think, preventive) creative business.

Register your copyrights regularly and often. If you are a photographer, register your copyrights in newly (first) published work every month; you can do this as a group published registration for one fee ($55). For all artists (not just photographers), here are some helpful links to the USCO about how you can register your works: https://www.copyright.gov/eco/help-registration-steps.html, https://www.copyright.gov/eco/help-type.html, https://www.copyright.gov/eco/eco-tutorial-standard.pdf, https://www.copyright.gov/eco/eco-tutorial-single.pdf.
This is the cheapest insurance you can get–remember that a the minimum statutory damages for an already registered work is $750, more than the cost of your registrations.
Stay aware of changes in copyright law and registration procedures. Things change and keeping up will make your life easier (like there will probably be a new way to register group unpublished photographs, soon). To stay informed, read this blog and others like my mentors (photoattorney.com) and copyrightalliance.org.
If you havent yet (and dont feel bad–many of you havent), get separate business banking accounts, credit card(s), insurance, and software to track it all (like Quickbooks, Xero, etc.).
Run your business like a business, including: get things in writing, including (especially!) your licenses and contracts (and invoices, etc.); have strict policies about payment schedules (like 50% up-front) and stick to them; and, pursue infringements so that you protect your rights and dont let people rip you off.
If you do work for free or on a discount, from now on, do it right. First, only do it because you want to (like you get total creative freedom or its a charity you want to help). Second, invoice the client, even if the total due is $0. How? Like this:
Creative Fee: $2000
License Fee: $8000
Total Fees: $10,000
One-time Discount: -$10,000
Total Due: $0
This shows the value of your work and for the license; if anything goes wrong later, the invoice can be used as evidence for those values (this will make your lawyer happy; note also that the license fee is greater than the creative fee which will make your lawyer extra happy, see here for more).
Plan time off. Im just as bad as most small businesspeople on this one so dont beat yourself up over it, just make it a priority this year. If you lose one project for a vacation, it is totally worth it as all the science shows you will be more creative and productive after the vacation.
Work a reasonable schedule. Especially if you work from home, its vital that you have work time and not work time. Schedule a reasonable number of hours per week (like 40) and if you need to work more sometimes, then work less another. Relatedly, when you are working, you are working, so no kid interruptions or the like. If at all possible, have a separate space (room) for your work (the IRS will like you better for that, too).
Pay others on time. This is just good to do, even when your clients string you on. Others behaving badly does not excuse you doing the same, so knock off that excuse. Also, in California, you must pay your crew and talent in full on the final day of any project. No exceptions (except for motion pictures, sort of). See https://burnstheattorney.com/2016/08/pay-your-people-now/
Plan for the future: marriage, divorce, and death. As a creative professional, these life events have an extra impact because the copyrights you create are very seriously affected. See https://burnstheattorney.com/2016/08/i-do-what-did-i-do/ and https://burnstheattorney.com/2016/09/thinking-long/
Make archival prints of your best work (at least) and back up everything connected with your business in multiple ways. This is really imprtant for many reasons. First, I think having tangible work is great. There is a big difference between opening a file on your Mac and opening a file in a drawer and finding the work there. See (from my old blog) http://www.burnsautoparts.com/blog/2014/01/09/tangible-matters/. But more importantly, if you keep your job files in print, you wont lose the contract due to some digital hiccup. Think about it–how many of you have a zip drive now? At least, do the 3-2-1 system. This guy has it right.