# Question on Photography Contract



## joshmenzies (Nov 1, 2005)

I have recently been working with a vocal artist, also a friend of mine, and have shot a number of photos. The question I have is, where might I be able to find a sample contract for the work I do and the use of the images that I provide?

 He has become pretty popular as of late and I fear that if I don't get a hold on how my images are used, I might get screwed in the end, even though he is a friend. If anything I would like to have a contract available to use for future clients.

 Also, are there any suggestions as to what exactly I should provide in the way of product and how I should detail it. Example...Should I provide prints from now on and all orders go through me, or should I give the client a copy of the image on CD for a flat rate? Should I or Can I limit how an image is used if I provide it on CD? Is there anything that I can do about images that my already be in a clients possession?

 Sorry if there are too many questions. Feel free to pick on or two out and answer them. Or, if you feel up to the task, answer all of them. Thank you for your time and I hope to hear from all of you soon.

   [font=&quot] - Josh[/font]


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## MisledAmoeba (Nov 1, 2005)

This is a sample agreement I stole from a website a while ago: 


"Client will have (time period) exclusive use of the images.
Client usage will be unlimited with respect to geography, medium, number of reprints. 
Photographer will not sell or license photo to anyone else during this usage period.
Photographer will have the right to include the photo and any ads containing the photo in her personal or online portfolio for self-promotion purposes.
Photographer retains copyright and may publish, license, or sell images after the (time period) license has expired."

It's not exactly what you were looking for, but it's a good thing to use as a template, I think.

You have right to determine how your image is used because you still own the copyright.  Just change "Client usage will be unlimited with respect to geography, medium, number of reprints" to whatever you want the parameters of use to be.  

Good luck!


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## craig (Nov 2, 2005)

I have always had a very nieve perception of copyright laws. Basically if the client pays me the photos are theirs. Things get a little dodgy when I shoot editorial work for the paper. In your case I would sit down with your buddy and explain the situation. You will need to consider the exposure that these photos are getting. If he was given the photos with no agreement I would let him keep them. This is (sort of) fair and may avoid a sticky argument that may prevent further work. If the work continues the above agreement will work well. When considering your fee keep in mind your experience. A seasoned veteran can charge a fortune for showing up on time. If you are new to the scene the charge is must less. Generally I provide what ever the client wants. A cd with contact prints seems standard.


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## JamesD (Nov 3, 2005)

MisledAmoeba said:
			
		

> This is a sample agreement I stole from a website a while ago:
> 
> 
> "Client will have (time period) exclusive use of the images.
> ...



I'm not sure with photography, but in literary works, the rights I've bolded above are usually limited by geography; for instance, "North American Rights," "European Rights," etc. Writing gets licensed like this so that you can make money in more than one market, but with photos of a specific subject, this probably wouldn't apply, unless you want them to pay you for additional licenses.

Also, you'd probably want base your license based on the number of prints and distribution they're going to make. IE, they wouldn't pay you as much for the right to make 100 prints, distributed only to the 1500 residents of Metropolitan Nowherevia as they would if they're making 1,000,000 copies for the 250,000,000 residents of the entire nation of Nomansland.

A google search on "photography licence" or variations thereof should turn up many, many references.


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## jstuedle (Nov 3, 2005)

> I have always had a very nieve perception of copyright laws. Basically if the client pays me the photos are theirs. Things get a little dodgy when I shoot editorial work for the paper.


 
If you are "on the payroll" of a company like a newspaper, mag. or lets say a  company that uses you to document there product, the pics are theirs. If you free lance for a company or shoot without benefit of direct employment, then you own the copyright. UNLESS you have a contract stating otherwise. The most valuable thing you own as a photographer is your images and the resulting copyright.


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## craig (Nov 3, 2005)

jstuedle said:
			
		

> If you are "on the payroll" of a company like a newspaper, mag. or lets say a  company that uses you to document there product, the pics are theirs. If you free lance for a company or shoot without benefit of direct employment, then you own the copyright. UNLESS you have a contract stating otherwise. The most valuable thing you own as a photographer is your images and the resulting copyright.



I get that part. My editorial work for the paper sometimes results in the inevitable "can I use this shot for my website or brochure etc". Generally explaining that the photo is property of the newspaper and they have to buy the rights for commercial purposes is tough. At that point I apply my commercial rates. More often then not I feel like I am robbing them. I mean they were nice enough to accommodate me. I got paid well for the shoot by the paper. Why get greedy? At that point I give them a bro rate. for some reason the publishers could care less. I know that is a really bad practice. Some how it works out well for everyone.


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## joshmenzies (Nov 7, 2005)

Thank you to everyone that has commented thus far. I'm using bits and pieces from everything to come up with my own contract. thank you again.


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