Guidelines for Writing a Photography Service Agreement
Photographer's Comprehensive Photo Services Contract
When hiring a professional photographer, it's essential to have a clear and detailed contract in place. Here's what you can expect from a skilled photographer who is also a lawyer, representing other photographers.
Deliverables
The contract will specify the deliverables, such as digital files or prints, the quantity, format, and resolution expected.
Rights to Photos
The photographer retains the copyright to the photos, allowing them to use the images for their own portfolio, social media, books, and advertising materials. The client will receive non-exclusive, commercial, and editorial usage rights, with the option to pay full price for unmarked photos or receive a discount but receive photos with the photographer's copyright notice that cannot be removed.
Scope and Extra Work
Basic edits will be included in the price, but extra edits will be billed extra. The contract will outline the agreed services and conditions for additional work beyond the original agreement, including extra fees and approval requirements.
Special Edits
The photographer will handle any alterations beyond standard editing (retouching, special effects) as per the agreed terms.
Food/Access
The client is responsible for providing food or paying for meals on long shoots, and ensuring the photographer has access to set up as many lights as needed and access to electrical outlets.
Termination
The contract will state the conditions under which either party may terminate the contract, including notice requirements and consequences for cancellation.
Quality
The contract will set quality standards for the final images, and the client has rights if standards are not met.
Archiving
The photographer will store copies of the images for a specified period, with policies for re-delivery if requested later.
Turnaround Time
The contract will specify the timeframe for delivering proofs and final images to manage client expectations.
Editing Restrictions
The contract will clarify limits on client or third-party edits to protect the photographer’s moral rights or brand.
Copyright Notice
The contract will include copyright claims on images and require the client to credit the photographer when publishing photos.
Substitute Photographer
If the originally contracted photographer is unavailable due to an emergency, they have the right to provide a substitute photographer. The copyright in the photos taken by the substitute photographer will belong to the original photographer.
The photographer's website is available for viewing, and their social media profiles include Facebook, Twitter, Pinterest, LinkedIn, and potentially Whatsapp. The photographer has also designed a Model Release for their latest photo book, which covers various languages, including English and Thai.
It's important to note that cases about photographers making whole photographs from other people's work are currently being considered by the U.S. federal court. Meanwhile, a federal appeals court is about to decide whether animals can own the copyright to their selfies, with a lawsuit involving a monkey who grabbed a photographer's camera and took selfies brought by an animal rights group.
You can contact the photographer via email.
[1] Photography Law Guide. (2021). Photography Contracts. Retrieved from https://photographylawguide.com/photography-contracts/
[2] Photography Law Guide. (2021). Cancellation and Refund Policies for Photographers. Retrieved from https://photographylawguide.com/cancellation-and-refund-policies-for-photographers/
[3] Photography Law Guide. (2021). Photographer's Rights and Responsibilities. Retrieved from https://photographylawguide.com/photographers-rights-and-responsibilities/
[4] Photography Law Guide. (2021). Copyright and Photographers. Retrieved from https://photographylawguide.com/copyright-and-photographers/
In the photographer's home-and-garden shoot, the client should provide necessary food for long shoots and ensure the photographer has access to lights and electrical outlets. After the photo session, the client will receive clear guidelines on using the photographs in their lifestyle, empowering them to publish photos with proper copyright credits.
