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Tips for writing photography contracts

Recently, I had a friend come to me with an interesting new problem she had, asking, "Has anyone shot a show and had to turn over all the pics?" It was the day before she was suppose to travel out of state to photograph her first arena show. She had no idea what she was doing and when the arena management told her she could not use the photos for her portfolio, she freaked. Her idea in all of this was that she would use the photos to further promote herself in exchange for photographing the show for free.

Fair enough.

However, now that she was told she could not use the photos in her portfolio, she asked if this was "normal."

In short, no, but photography services can become very tricky which is why it is absolutely necessary to have a signed written contract. Verbal won't do it. The contract must also be extremely specific, or you may find yourself submitting to a loop hole. There are also those who will take a very bit of advantage of a person's services as long as they feel they can get away with it. It may very well be that they love your work, but if they can get it for free, why would they offer to pay?

This lead to the next question in her dilemma: should she now ask for pay? Of course. If they change the terms, she has the same right to change the terms. After all, no contract was ever signed. This is where I answered her question with a crash course in negotiating photographic services. You always want to find out and make sure you understand what their expectations are of you and your photography:

1. Scope of services
2. Compensation
3. Copyright
4. Licensing

Even if the session is a trade for print/CD, you still need a contract that states how you and them may use the photos after the session. Can they submit them to magazines for printing?

You must be as detailed as possible when drafting and signing contracts. Be sure you have left no loop holes and both parties understand what they are getting. It's for your protection, and theirs. Take your time drafting practice contracts and have others look at them, looking for potential issues. Once you feel comfortable with it, use it as your template for each new contract you need to write. It will save time and all your basis will be covered.

Also, be sure to pay attention to client questions and any items you may add to the existing contracts. It's a good idea to add these items to your basis contract at that point, so future clients who may have had the same question will already have it answered.

Be sure also,


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