Focus on the Fine Print: Legal Guide for Photographers

Updated October 27, 2023
12 min read
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.

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.

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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.

Article by
Karyna Pukaniuk
Lawrina

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

Should the photographer have a contract with clients?

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.


 

Do photographers need any other documents besides the photography contract?

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.


 

How do I protect my images on social media?

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:

  1. Add a watermark with your logo or name to your images.
  2. Make your photographs private so only your subscribers can see the content you post.
  3. 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.