Maryland Contract Between Photographer and Model to Produce and Sell Photographs

State:
Multi-State
Control #:
US-00573BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a contract between a photographer and a model to produce and sell photographs made at a specified number of sittings.

A Maryland Contract Between Photographer and Model to Produce and Sell Photographs refers to a legal agreement entered into by a photographer and a model in the state of Maryland to define the terms and conditions regarding the production and sale of photographs. This contract outlines the roles and responsibilities of both parties, ensuring clarity and understanding in the collaborative process. It includes relevant keywords such as "Maryland," "contract," "photographer," "model," "produce," and "sell photographs." The contract typically covers several key areas: 1. Parties: It clearly identifies the photographer and the model participating in the agreement. Their legal names, contact information, and any links to their portfolios or previous work are usually included. 2. Scope of Work: This section defines the specific projects or photo shoots that will take place. It covers details such as date, time, location, intended purpose of the photographs, and the number of photographs expected to be produced and sold. 3. Compensation: The contract outlines how the model will be remunerated for their participation. It can include payment terms, such as an hourly rate, a flat fee, or a percentage of the proceeds from the sale of photographs. Additionally, it may specify if the model will receive any additional benefits, like travel expenses or credit for their work. 4. Rights and Usage: This section discusses the ownership and usage rights of the photographs. It may outline whether the photographer retains all copyright and intellectual property rights, or if the model has any rights to use the images for personal promotion or self-publicity purposes. It is important to include specifics on whether the model's personal information will be used in conjunction with the photographs and if any model releases will be required. 5. Release and Waiver: Model releases are an integral part of this contract. They grant the photographer the right to use the model's likeness in their photographs and allow their sale in various formats such as prints or digital copies. The release further ensures that the model waives any claims for compensation or liability arising from the use of their image. 6. Confidentiality: This section protects any confidential or sensitive information disclosed during the agreement. It establishes that both parties will keep all trade secrets, client lists, or confidential information confidential before, during, and after the contractual period. 7. Termination: This part covers the conditions under which either party can terminate the contract before completion. It states the notice period required and outlines any penalties or consequences for early termination. It is important to note that there might be variations or additional clauses in different types of contracts within this category based on the specific needs of the photographer or model. Examples could include contracts for commercial photography projects, fashion photo shoots, or artistic collaborations.

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FAQ

Don't Live Without Contracts Rachel's rule of thumb is that everyone should have a contract at every shoot. You can shoot without a model release, but you should never shoot without a photography contract. So many photographers do the opposite, she says.

What is a photo licensing agreement? A photo licensing agreement is a contract between two parties, the licensor (the photographer who owns the copyright and is licensing the rights to use the image) and the licensee (the person or company wanting to and gaining the right to use the image).

A licensing agreement allows one party (the licensee) to use and/or earn revenue from the property of the owner (the licensor). Licensing agreements generate revenues, called royalties, earned by a company for allowing its copyrighted or patented material to be used by another company.

Even when hiring a photographer for a dedicated photo shoot, the employment is typically a contractor relationship. Therefore the photographer will still be the owner of the resulting photos. The photographer may grant you an unlimited license for these photos, but legal ownership stays with the photographer.

Examples of common licensing agreements include: A sports team allowing another company to produce t-shirts with the team's logo. A movie company that allows another company to create a toy based on a character the movie company owns.

In order to license images and grant photo usage rights, you need to be either the author of the images, or otherwise authorized to license the images. For example, agencies are also authorized to license images if the author has contractually allowed them to be granted.

Practitioners and licensing executives often refer to three basic types of voluntary licenses: non-exclusive, sole, and exclusive. A non-exclusive licence allows the licensor to retain the right to use the licensed property and the right to grant additional licenses to third parties.

What Should Photography Contracts Include?Copyright Ownership and Transfer of Use Rights.Payment Schedule.Cancellation Policy.Summary of What Each Side Will Deliver.Start Date of Photography Contract and Shoot Date (If Applicable)Full Contact Information and Names for Client and Your Business.More items...

Under U.S. law, copyright in a photograph is the property of the person who presses the shutter on the camera not the person who owns the camera, and not even the person in the photo.

As a model, protecting your likeness and how it is used is critical to your success. So when a photo is made by a photographer of a model, who owns it? And the answer is, the photographer.

More info

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Maryland Contract Between Photographer and Model to Produce and Sell Photographs