Focus on the Fine Print: Legal Guide for Photographers
Introduction
Photography is more than capturing the perfect shot. Photographers today need to think more about how to write a photography contract for photography services, protect the images they create, and build trustworthy relationships with clients.
Some of the most critical legal issues that every photographer should know about include rights and obligations, copyright law, various releases, and the legal risks that follow each shot. Legal contracts for photography services can prevent misunderstandings and safeguard your work, even for short-term projects. Don’t let legal issues ruin your art — check out this Photographer’s Legal Guide.
Legal Rights and Obligations for Photographers
Before using a one-size-fits-all contract template for photography services, consider the key legal issues you should be aware of when creating any type of photo or video content.
Copyright law
One of the critical pillars of photography is the issue of copyright. As the owner of the copyright, the photographer has the exclusive right to:
Reproduce the work;
Do derivative works;
Distribute copyrighted work by sale;
Transfer the ownership of photos;
Display the work publicly;
Claim ownership of the work;
Prevent intentional distortion or modification of the photos.
"If a picture is a "work made for hire," the photographer's employer or the person for whom the picture was made is considered the author unless the parties state otherwise in a written agreement."
Karyna Pukaniuk
Head of Legal at Lawrina
Copyright does allow one person to use someone else’s work without permission for reviews, news reporting, teaching, or scientific research. That’s why a photography contract or (“photographer contract”) allows people to use materials for various needs without legal consequences.
Model releases
Another crucial step in safeguarding photography is providing a model release when featuring a person in a commercial shoot. Before publishing images of people, get a release form (also known as a contract for photography services) to protect yourself from legal disputes with the person in the photo. For minors, the release must be signed by a parent or legal guardian.
Photographers also need to get approval from the owner of an animal before publishing any images. A contract for photography model release services may save the photographer time and money by protecting his or her rights to edit, publish, and distribute the image.
"To avoid legal issues, photographers must obtain consent or a license to use an individual's name, likeness, or property for commercial purposes."
Karyna Pukaniuk
Head of Legal at Lawrina
Property releases
The “expectation of privacy” doctrine is crucial in defining the scope of the privacy protections stipulated by the US Constitution. However, a photographer’s contract for an event or contract for any photography services can prove a photographer’s right to photograph someone’s property, an event, or something else located nearby. A homeowner can prevent someone from taking a photo of the property. It is, therefore, important to get a signed property release form from the property owner before taking any picture of somebody’s property.
"From a legal perspective, it is recommended to stipulate all the peculiarities of the photographer's cooperation with the client to avoid possible misunderstandings or infringement of the photographer's rights.?
Karyna Pukaniuk
Head of Legal at Lawrina
Understanding Legal Risks in Photography
While photography may be considered art, it is also a business subject to legal issues. That’s why people, in fact, create contracts for photography services. In the industry, there are four common legal risks that any photographer should be aware of:
Violation of privacy laws — Privacy laws protect against the unauthorized use of a photo of an individual without his or her consent. If you plan to take a photo of someone for commercial purposes, ensure that the person (or a minor’s parents or guardians) has given written consent for the images to be taken and displayed according to the intended use.
Violation of rights of publicity — This happens when someone’s picture is used for business purposes without his or her written consent. To respect people’s rights, a photographer should ask each person for permission before taking a photo.
Failure to meet client expectations or terms of service provision — Without a contract for photography services, there is a high risk of potential claims against the photographer for violating specific terms of service provisions, failing to meet deadlines, or producing low-quality photos.
Issues concerning the photographer’s liability insurance — A photographer can also be responsible for damages caused by publishing images of people. Consider consulting with a lawyer who can help with including a limitation of liability clause in the photography contract. Additionally, photographers may obtain insurance to protect themselves in case of a lawsuit for damages.
"A well-written contract for commercial photography services can protect the photographer from legal issues and ensure a smooth collaboration with clients. It helps avoid misunderstandings and potential claims and focuses on what you do best — capturing that perfect shot."
Karyna Pukaniuk
Head of Legal at Lawrina
A photography (or photographer) contract isn’t just protecting the photographer’s work — it’s one of the best ways to make the business transparent to clients and show that their rights are safe.
Top 5 Tips When Drafting a Contract for Photography Services
To make a photography business legally sound, the photographer should know his or her rights and obligations, have a well-drafted contract for photography services for each project, and know where to find legal help if needed.
The following five essential provisions are included in all photography contract examples:
Include the event details, including the time, date, and duration for the photography services provided, to ensure mutual understanding with the client.
Clearly define the payment terms, specifically whether it’s an hourly or fixed rate. Additionally, list any extra costs, such as travel, meal expenses, permits for shooting in specific locations, fees for late payment, etc.
Include the client’s requirements regarding photo editing in the contract for photography services. Additionally, specify the total number of hours the photographer will spend on editing and stipulate an additional fee for extra edits.
Create a limitation of liability clause to protect from liability due to unexpected events, including but not limited to injury, harm, disability, or property damage arising directly or indirectly from photo shoots or video recordings.
Include a preliminary termination clause in the contract for photography services to end the contract by sending a written notice to the other party in certain circumstances. Also, include when the client can get the deposit refunded.
You don’t need to be a legal expert to protect your videos or images. From copyright laws to model and property releases, you can safeguard your work with a well-drafted but simple contract for photography services.
It may take time to investigate the details of photo release forms in different states and contracts with legal guardians and property owners, so utilizing pre-made templates for your contacts may be a real-time saver.
Use a photography contract in five minutes
Conclusion
Each U.S. state has legislation governing issues in the photography industry. Understanding fine print can be challenging at first, but there are many ways to get help without breaking the bank or obtaining a law degree. Additionally, there are many Photographer’s Legal Guides to lead you through this path.
One option is to use pre-made contracts for photography services, which only require users to fill in the details, such as names, dates, and other relevant information. Alternatively, if you want to consult a lawyer to help create your photography contracts, the Lawrina platform can connect you with contract attorneys in your state.
Karyna Pukaniuk, Head of Legal at Lawrina. Experienced Tax and Corporate Lawyer, team leader, and legaltech pro. Led and backed the smooth operation of the legal team and accompanied several different projects simultaneously. Worked closely with department's leads, and shareholders and advised them through all legal, regulatory, and risk management matters. Supervised multi-million dollar M&A deals and actively participated in the company's product development.
Frequently Asked Questions
Contract for photography services serves the main duty — to protect photographers from any issues that may arise before, during, or after the photoshoot. In fact, the risks are close to 0% if a photographer has a special contract prepared by professional lawyers.
It is worth mentioning in every photographer’s contract that you may need other documents besides the contract itself. Depending on the specific job or event you are shooting, you may need a permit to shoot in that location, model releases, insurance, a business license proving that you are indeed a photographer or copyright registration.
A photographer contract isn’t really the thing that can fully protect your work on the web, but you can take several steps to keep your pictures safe:
- Add a watermark with your logo or name to your images.
- Make your photographs private so only your subscribers can see the content you post.
- Use copyright notice, and add your authorship and other details about the image.
Also, you should check the net for any signs of unauthorized usage of your works and protect your photos in court if someone has stolen your images.