Category

Contracts

What to do when a client enters your professional photo in a contest or submits to a magazine or newspaper

Sometimes, you have a client who is so excited and proud of the work you have created capturing them, their family, or their life, that they submit your images to a contest or to a magazine or newspaper for publication. They may not have ill intent, but nevertheless, you open a publication only to find...
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What happens to the commercial license of my images if that business is sold?

A situation that is more common than you might expect occurs when a business is bought or sold. A question that arises in this situation is as follows: If I license commercial use of my photographs to a business & the business is sold, is that commercial use license part of the business sale? Businesses...
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How does implied license and quantum meruit affect how client’s use my photos?

Before you give up and go find something else to read, we need to talk about a couple of concepts that come up time and time again in the context of copyright conflicts, especially in digital media. These concepts are “implied license” and Quantum Meruit.   Implied License The “implied license” doctrine is relatively limited...
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X used my images without asking, now what?

X used my images without asking, now what? In our large, but totally awesome, Facebook community – this is the #1 question that we get repeatedly.  Why? Unfortunately, it’s because people don’t give a damn about respecting others intellectual property.  Whether it is images, logos, music..you name it.   Now yes, I understand that many simply...
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Prepared Food and Photography Sessions

Prepared Food and Photography Sessions seem to go together like sugar and spice. Whether it is Cake Smash Sessions, a tea party for a birthday girl and her friends, a styled wedding shoot, or a boudoir shoot with chocolate strawberries – many photographers offer shoots which involve food! Value adding and collaborating with other businesses...
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Hurricanes, earthquakes, tornadoes, and other natural disasters: legal preparations

Natural disasters strike with little warning. The last year has seen hurricanes, earthquakes, and tornadoes and that’s barely scratching the surface. Many photographers affected by natural disasters have found themselves facing challenges they never could have considered. The statistics from the Small Business Administration suggest that one-third of the business affected by natural disasters never...
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Should photography contracts be signed with your name or business name?

Running a successful business is not always easy and it requires you to have a good balance of personal touch and necessary formality. Don’t let personal relationships cause you to avoid necessary business practices. How you sign your business contracts is extremely important because you need to show your clients and the world that your...
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How to build business affiliations for your photography business

Have you ever noticed when you’re out in public that crowds tend to gather?  Traffic backs up for no reason in certain spots? This is because humans are creatures who naturally want and gravitate towards companionship. To be around the group and others – even if subconsciously. If you look around the world you’ll see natural pairings and companionships in...
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How using photography contract templates can save you money

Using photography contract templates can save you time and money. Starting up any business is a costly endeavor; this is especially true in the photography industry. Startup costs can be astronomical due to having to secure the correct equipment and ensuring it is of professional quality. Also, a startup has a lot of moving parts which have to...
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Why photographers should require a “Deposit” Or “Retainer” & which word to use

It is best practice as a photographer to clearly establish your deposit/retainer policy within the terms and conditions of your contract. In fact, a deposit/retainer policy is an essential contract policy for a successful photography business.  Before we talk about the terms “deposit” and “retainer”, let’s first talk about why you should be requiring an...
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Can I charge my client for not signing a model release?

Engaging a client for a photography session is awesome as you’re able to execute your skills, create some art, provide images and make some money in the process.   However, something else comes out of sessions that is arguably as important as the money made from the transaction: the use of images for marketing and...
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Milestone Photography Sessions

Milestone sessions are very popular as a sales tool among newborn and child photographers. But, pre-booking a series of different sessions and transactions as is often the case with milestone sessions can give rise to specific legal issues. Clear communication is key. When you meet with a client for a pre-booking consultation, be sure to...
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Best Business Practices from Start to Finish with Iris Works

Starting and running a photography business will always be challenging. But having a strong foundation of smoothly operating practices for yourself can make it much easier. By having a standard set for every aspect of your business – from getting clients to keeping them – you’ll be setting yourself up for growth and success.  ...
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Legalities of birth and maternity photography with surrogates and adoptive parents

Navigating the relationships of clients can be one of the most challenging parts of a photographer’s work. If you are a birth, newborn, or maternity photographer, working with surrogates, first families and adoptive parents, you may have some additional opportunities to develop sound policies and ensure you are covering yourself legally.   Let’s start with...
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Should you sign your contract before sending to a client for their signature?

Let’s cut to the chase on the question of whether you should sign your contract BEFORE sending to a client for their signature? Legally it does not matter who signs the contract first as long as both parties agree to it. Practically speaking, it might be better to sign second. One reason for why it...
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Pregnant and Underage – Who Signs The Contract?

When mom and dad are both minors (under 18) and they have a newborn it can make for a potentially confusing situation when it comes to who signs contracts and model releases for a newborn session. One important legal reality to note is that having a baby does not mean minor is automatically emancipated. This...
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Senior Photo Sessions & Underage Clients

Senior Sessions: Client was under 18 at the time of session but is now over 18. Commercial client wants to purchase usage rights of images of the senior. Is a new model release required? The answer to the questions of whether a new model release is required with a client who was under 18, but...
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Free photography contract

Want to download a free photography contract that works for your business? Instant download. Lawyer-drafted. Go here.
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Are oral agreements for second shooters legit?

Do you make oral agreements for second shooters? Second shooters can be of great help to event photographers, particularly wedding photographers; they can help you capture parts of the event that you just wouldn’t get to otherwise. They are also the place many photographers begin if they are interested in specializing in wedding or event...
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Outsourcing Editing & Other Legal Considerations

When considering outsourcing your editing or offering photo editing services to other photographers there are some legal issues to consider and things you may want to think about before you enter into a contract involved outsourced editing services. Let’s start with some questions to help frame our discussion and provoke you as you consider, reflect,...
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