Topic: Photography contract

[Indofunk]

Apparently I'm getting more into taking photographs for money (portraits and concerts), and as such I probably need a very basic contract to manage expectations. Basically, I just want to inform the client that they are welcome to use my photos in any way they want, personal or commercial, but that I retain the copyright (this of course goes without saying, but I feel I should say it). Also should probably put something in about turnaround time (24hrs for d*****l, maybe 48hrs for film) and maybe number of edited photos they should expect? And do I specifically write in there that the client does NOT get the negatives/raw files unles that's negotiated up front?

Basically, I just need a boilerplate that I can copy. Thanks!

[Bryan]

I don't know anything about photography contracts but I do a lot of construction type subcontracting.  Don't hold yourself to any minimums like turnaround times unless the client is requesting it.  I wouldn't offer up RAW files either unless they are demanding it.  I thought PetaPixel had an example of a photography contract a while back.

http://petapixel.com/2015/09/03/agree-com-helps-take-the-pain-out-of-photography-contracts/

[Indofunk]

Thanks, that's useful. I don't think I need a third party service like that, at least not at first. But it was helpful to see what the service put into the contract.

No turnaround time, huh. That definitely saves me from unexpected problems, but I would think as a client I'd like to know when I'll get the product I paid for. Maybe that's why there's an upfront payment and then a payment on delivery?

[Bryan]

I'm just saying don't offer it up as a standard item in your contract, you can negotiate a delivery date with the client if they request it.  If you want to market yourself as fast service, then go for it.  You also don't want to be vague about anything in the contract, words like "may" and "occasionally" are bad, "shall" and "will" are good.

[Francois]

Make sure you use simple and precise wording. And avoid any ambiguity.
Also, clearly state what rights you give the client and what rights you want to keep.

If you want to have the right to use the pictures for other purposes, a model release is pretty much mandatory.

And here's the forms and licensing contracts that are widely used in Canada http://capic.org/forms/

One trick I read time and time again is that you should produce invoices for everyone you give pictures to. And if the pictures are free, you put on the form a coupon for the amount you would charge them. That way they can appreciate the value of what you are giving away and not take the pictures for granted.

And if you want to have the contract you come up with doublechecked, just post it here. I think we are a few members with some expertise in that

[Indofunk]

Thanks Francois!

If you want to have the right to use the pictures for other purposes, a model release is pretty much mandatory.

This part I did NOT know. So is the deal that I own the copyright, but I can't actually use the pictures without the model's consent? Whereas the model (or whomever purchases the photos) can use them in any context but does not own the copyright?

This is all very elucidating to someone who knows absolutely nothing about all of this stuff

[Francois]

Actually, you have to set the usage rights for the client and your rights on your side.
Lets say the people want a photo for an album sleeve. If you don't specify the usage rights, they could use it for posters and other promo stuff.
But even if you own the copyright to the image, the people in the picture will always own their own face. So you have to get them to sign a model release if you want to use their face in lets say, a book or in an exhibition.

This can get pretty complicated very quickly. But in these days where attorneys seem to rule the universe, you have to protect yourself and your rights from the get go. It can be done after the fact but it gets a lot harder.

Also, most photographers in the commercial field will actually write the contract so that they are the only ones who can do or authorize additional prints. They do it this way so that there is still a bit of money coming back to the mill after the contract is fulfilled.

For years I've been trying to figure out a simple way to do it all without making the document so complicated that nobody not in the field will accept to sign it.

But if it's just family photos and you want to operate on the Sears studio model, you can go easy on the clients and just produce for this job. But then you can't easily come back if you change your mind. The commercial WalMart style studios do it because they essentially don't give a do-do about who they photograph. All they want if for the cute family to be happy.

[Indofunk]

Right, gotcha. At this point I'm fine with the clients using the photos for any purpose they want (eg, one shoot was specifically for an album cover but I told him he could use the photos for posters, social media, etc). I'd just like to be able to use the photos for my own portfolio. So I guess I need to write that all in. Done!

[gothamtomato]

Yes, you should put in there exactly what the client gets. You never know what a client might assume if yiou don't. As far as sample contracts, I'd suggest going to ASMP.org (especially their Strictly Business blog http://www.asmp.org/news/strictly-business-blog/ for business help. They do have a book about sample contracts and pricing that could help. It's called Professional Business Practices in Photography https://www.amazon.com/ASMP-Professional-Business-Practices-Photography/dp/1581154976/ref=sr_1_fkmr0_1?s=books&ie=UTF8&qid=1473099158&sr=1-1-fkmr0&keywords=photography+business+contracts+asmp