contract questions - DPChallenge Forums

Samsung Galaxy S21, S21+, S21 Ultra

06/17/2012 09:27:03 AM · #1

i know i need to get a contract together, few questions:

1. can anyone direct me to a template or provide one to me to use that i can tweak for my needs?

2. right now i am not charging fees, the subjects can buy prints if they wish, and i want to be able to use the images on my website or other promotional material. do i need a contract for this? i think i do. however im not to concerned as my subject are friends and family willing to help me out, but i want to get into the habit of using them so i think i should have one ready.

after i get a contract together i'm sure I'll have more questions.

Bear_Music

Sony 24-70mm F4 Vario-Tessar T* FE OSS

06/17/2012 11:00:19 AM · #2

//photo.tutsplus.com/articles/news/10-critical-points-for-strong-photography-contracts/

See links to sample contracts

//jenniferbullockphotography.com/Blog/?page_id=129

//www.photoattorney.com/2006_01_01_photoattorney_archive.html

Message edited by author 2012-06-17 11:05:35.

06/17/2012 01:43:29 PM · #3

awesome, thanks for that!

07/03/2012 10:20:47 PM · #4

bump.

i got asked to do corporate head shots. i need a sample contract that grants the client full use of the images as they see fit, they are paying me for that right.

i want to maintain copyright (if possible) or at least be able to use them for my own promotional use, but my client can do as they please with the images, use them for their website, printed materials, etc.

Panasonic LUMIX DMC-LX100

07/03/2012 10:40:50 PM · #5

This should get you started:

Copyright © [your name] 2012, all rights reserved. License granted to [your client] for [period of time] to use this image for editorial purposes in conjunction with editorial content developed by the client for any medium, print, broadcast, or digital. Editorial usage by 3rd-party publications may require additional licensing and/or fees. License granted to [your client] for [period of time] to use this image for marketing purposes in conjunction with marketing collateral developed by and/or for [the client] for any medium, print, broadcast, or digital. Usage by [the client] is [limited to (if you have limitations)] [unlimited (not really a great idea, but sometimes you have no choice)]. Commercial usage by any other parties or for any purposes other than marketing the client's business may require additional licensing and/or fees. Licenses granted to [your client] are non-transferable. This image has not been model-released by the photographer; any model-release requirements are the sole responsibility of the publisher. Please direct any inquiries to [you] at [your phone] or [your email]. Thank you for respecting our intellectual property rights.

spiritualspatula

Nikon AF-S NIKKOR 24-70mm f/2.8G ED

07/03/2012 10:44:20 PM · #6

I think this is the one I've used as resource for my forms, but I'm not positive...
~~photography forms book.~~ If it wasn't that one I think it was this one.
I'm not sure which it was because I was hoping to just find a version of one online but then I just accidentally found a PDF of the whole book and used the form.

ETA: After some dredging around, it was the second one, and I found it on googlebooks.

Message edited by author 2012-07-03 22:45:38.

07/03/2012 10:59:45 PM · #7

Originally posted by Skip:

yep that looks like what i need.

So where do I put this? in its own agreement and sign, on an invoice?

Message edited by author 2012-07-03 22:59:55.

07/04/2012 12:12:26 AM · #8

Originally posted by mike_311:

Originally posted by Skip:
This should get you started:

Copyright © [your name] 2012, all rights reserved. License granted to [your client] for [period of time] to use this image for editorial purposes in conjunction with editorial content developed by the client for any medium, print, broadcast, or digital. Editorial usage by 3rd-party publications may require additional licensing and/or fees. License granted to [your client] for [period of time] to use this image for marketing purposes in conjunction with marketing collateral developed by and/or for [the client] for any medium, print, broadcast, or digital. Usage by [the client] is [limited to (if you have limitations)] [unlimited (not really a great idea, but sometimes you have no choice)]. Commercial usage by any other parties or for any purposes other than marketing the client's business may require additional licensing and/or fees. Licenses granted to [your client] are non-transferable. This image has not been model-released by the photographer; any model-release requirements are the sole responsibility of the publisher. Please direct any inquiries to [you] at [your phone] or [your email]. Thank you for respecting our intellectual property rights.

yep that looks like what i need.

So where do I put this? in its own agreement and sign, on an invoice?

I embed it in the image and put something similar on the invoice.

07/04/2012 07:23:27 AM · #9

Copyright © [your name] 2012, all rights reserved. License granted to [your client] for [period of time] to use this image for editorial purposes in conjunction with editorial content developed by the client for any medium, print, broadcast, or digital. Editorial usage by 3rd-party publications may require additional licensing and/or fees. License granted to [your client] for [period of time] to use this image for marketing purposes in conjunction with marketing collateral developed by and/or for [the client] for any medium, print, broadcast, or digital. Usage by [the client] is [limited to (if you have limitations)] [unlimited (not really a great idea, but sometimes you have no choice)]. Commercial usage by any other parties or for any purposes other than marketing the client's business may require additional licensing and/or fees. Licenses granted to [your client] are non-transferable. This image has not been model-released by the photographer; any model-release requirements are the sole responsibility of the publisher. Please direct any inquiries to [you] at [your phone] or [your email]. Thank you for respecting our intellectual property rights. [/quote]

Question about this line, what would I limit use to?. Isn't everything already limited except what I previously granted permission to? Would I just remove this line?

Canon EF 24-70mm f/2.8L USM

07/04/2012 01:57:10 PM · #10

Originally posted by mike_311:

Originally posted by mike_311:
Usage by [the client] is [limited to (if you have limitations)] [unlimited (not really a great idea, but sometimes you have no choice)].

Question about this line, what would I limit use to?. Isn't everything already limited except what I previously granted permission to? Would I just remove this line?

if you want to put in specific usages, like "limited to use on the corporate website" and similar things, this is where you can do it. you have to ask the client how are they currently using the images; otherwise, you'll find yourself hosed when they start using it in ways outside the scope of normal usage, like on billboards (very likely if you're dealing with realtors). it's just a matter of defining limitations so that everyone can stay on the same page.

and, anyone that tells you, "we've never had to do that before" has never dealt with a professional photographer...imho

Message edited by author 2012-07-04 13:57:44.

Devinder

Canon EOS-5D Mark III

07/05/2012 12:02:01 AM · #11

i do pre-done release forms and tack everything in as needed. i should really start creating a standard format ...