New York Contract Between Photographer and Model to Produce and Sell Photographs
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FAQ
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.
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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.
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.
Most would recommend keeping tax documents for 7 years so some would say keeping your photography contracts for the same length of time is a good rule of thumb. However, the longer you can keep a contract on file the better!
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.
Professional photographers can and do pay models when/if they are working through a 3rd party on a specific product in which the photographer is paid (and the model either compensated by the photographer or the 3rd party). Internet models tend to think that paying for photos is unnecessary or completely undesirable.
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...
Clients often appreciate a written contract because it develops trust. They are able to understand, in detail, what they can anticipate in terms of your services. Just as much as it protects your interest as a photographer, it also allows your client to feel that their interests are just as important.
Usually, photographers do not technically sell their photos. Instead, professionals license out permission to use their photos. Licensing photos gives clients the right to share the images online and in-person. This allows clients to share the images and promotes the photographer to potential new clients.
