Photography contracts, including model and property releases, are legal agreements that assign rights to use a photograph. A signed release is necessary for commercial use to avoid invasion of privacy. Sample model and property releases are available online. Publishers may issue contracts for exclusive use of images.
A photographic contract is a signed legal agreement relating to the photographic field. These can include model and property releases, employment contracts, and contracts that assign the rights to use a photograph. There are legal issues involved with photography that don’t apply to other works of art. Photographers should be aware of these issues before attempting to create professional work or work that could one day be used to generate an income. A simple photo contract does not require a high level of legal expertise, but the photographer should consult a lawyer in case of complicated legal issues.
The most common type of photography contract is a release. This is a legal acknowledgment by the subject of the photo that the photographer has permission to use the image. Without a signed release, the publisher of a photograph could be held liable for invasion of privacy. Therefore, most publishers, commercial customers, and photo contests will require a signed release when submitting a photo. They are not needed for home snapshots or non-commercial uses such as news photography.
A basic model release includes the subject’s name and signature, the date and sometimes contact information, and a statement of age. The age indication is especially important in the case of nudity. In this case, the photographer may also want to make a copy of the subject’s identification for proof of age in case of later legal issues. If the subject is legally a minor, the release must be signed by a parent or guardian. Sample model releases are widely available in photography manuals or on the web, along with property releases, another type of photography contract.
A property release is similar to a model release. It must be signed by the owner of any private property that is recognizable in the photograph. This is especially important for companies, who often want to control how images of their brands or properties are used and distributed. Again, this photo contract is not necessary for news coverage of an event. A property release is also not required for public property; however, photographers should always seek consent or more information if ownership of a property is in doubt.
Another type of photography contract involves hiring and working on a commission basis. Some high-profile photographers may contract with a single publisher or agency for the exclusive use of their images. Most commonly, publishers issue contracts setting out their rights for the use and publication of a particular image. A photographer employed by a publisher may be required to sign a work done for the rental agreement. This gives the publisher copyright and legal authorship of any images created while the photographer is working for the publisher.
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