This simple guide to photography contracts will help you to ensure smooth payment, protect your rights, and avoid confusion and disputes with your client.
So you’ve found your first photography gig, and you’re ready to get started — take a beat. Before you snap your first picture, it’s important to have a photography contract in place.
Remember to have a signed contract with your client before you start working on a project. A verbal agreement might seem convenient, but a signed photography contract can help avoid misunderstandings in the future. We know that legal language can be daunting, so we put together this guide to help you understand some of the key terms in a photography contract.
But first, a brief disclaimer: This is a high level summary of some legal terms in a photography contract. This is not meant to be actual legal advice. You should consult an attorney or tax advisor, especially if you have questions or need specific guidance.
Intellectual Property
By default, as the creator of your work, you have copyright ownership in your work. So you’ll need to decide whether you want to keep the copyright or give it to your client. Here’s how each of those scenarios would work.
<span style="text-decoration: underline;">Scenario A</span>: You keep copyright ownership, but grant a license to the client.
- In this scenario, you keep exclusive rights to reproduce, adapt, publish, perform, and display your work, but give the client a non-exclusive license.
- You could either grant your client a full non-exclusive license to use the work, giving them all the rights that a copyright owner would have (with the exception of exclusivity), or you could limit those rights.
- For example, you can limit the license to permit your client to only use your work in specific ways, or only use your work in certain media channels. You can also put a time limit on the license or specify whether the client can modify your work.
<span style="text-decoration: underline;">Scenario B</span>: The client is the owner of your work.
- Alternatively, you may agree to transfer copyright ownership of your work to the client. The client would then have the exclusive rights of copyright ownership.
- Since this would include the right to exclude you from using the work, you might have the client grant a license back to you if, for example, you want to include the work in your portfolio.
- If you see the words “work-for-hire” or “work-made-for-hire” or something similar, be aware that this term gives copyright ownership to the client. If that is not your intent, you should make sure that clause is removed.
Deliverables.
Your photography contract should clearly specify what you’ll deliver.
- Make sure you specify the scope of your project, and include details of what you’ll be shooting, the number of images you’ll deliver, image format, the level of input the client will have, and anything else relevant to the final deliverables.
- Include a clear schedule about when you’ll start the project, when it will end, and when you’ll deliver the final work. Specify anything you might need from your client in order to do your work and meet your deadlines.
Attribution.
If your client is using your work commercially, it could be a boost for your brand if they credit you. If you want the client to mention that you created the images being used on their website or advertisements, you can make this a requirement in your photography contract and specify exactly how you would like to be credited.
Payment and Expenses.
Specify the fees for your work, including whether the fees will be project-based or hourly.
- Make sure to also include timing for when the client will pay you, whether you require a deposit, late fees, and how travel or other expenses will be handled.
- You might also consider requiring payment before you deliver your work, or before the client is granted a license or ownership of the work.
Cancellation and Termination Fees.
The client may want the flexibility to cancel the project, and this should be spelled out in your photography contract.
- The contract should address what happens if the client cancels the contract, either before or after you’ve begun work.
- To ensure that you don’t go uncompensated if the client cancels, you can specify that you would keep their deposit or that they would have to pay termination fees.
The photography contract isn’t only a legal document. It’s a snapshot capturing your upcoming relationship, with the focus on you and your client, and the details sharpened and clear. If you keep these considerations in mind, you can help ensure smooth payment, protect your rights, and avoid confusion and disputes with your client.
Put Your Creativity to Work with VSCO
With a contract in hand, you can begin work on the fun stuff - planning, shooting, editing, getting feedback, and publishing. One job often leads to the next, and you’ll have even more experience under your belt the next time around. No matter if you’re a seasoned pro or just getting started, VSCO Membership can help you expand creatively and professionally. With Pro Membership, you can put your experience to work with VSCO Hub. Get connected with businesses and get hired for your unique vision. Use VSCO to build authentic connections with community, tools, and exposure – for all photographers.
—VSCO Legal Team
