ESSENTIAL BUSINESS FORMS

We endeavour to treat every photo project as a unique opportunity to showcase our talent, but also as a unique opportunity to solve a visual and conceptual problem or challenge presented by our client’s expressed (or sometimes unexpressed) perceptions of a positive or desired impression or reaction from viewers. The reaction sought is usually to convey an association between some desired emotion, thoughts, feelings, or desires, and the client’s goods or services. Sometimes the reaction sought is simply to generate interest in the subject, enough to get the viewer to read the text that often accompanies photos. This is perhaps the greatest goal of all photographers; to get the viewers to stop moving their eyes and focus their minds on the photographer’s photo. This is success. To do this also is to satisfy the basic need of any client; with our pictures we want to stop the viewers' eyes long enough to leave a lasting impression, an impression that can be used to draw attention to the client’s message.

While this is the lofty goal to which we aspire with our work, we also recognize that photography is a business, and a business that has legal requirements. For the mutual protection of ourselves and our clients, we insist on the methodical use of carefully crafted business forms. These forms serve many purposes; they not only make us look more professional in the eyes of our clients, but also by example show to everyone involved in our projects the atmosphere of professionalism we expect at all times; we find that they also serve to make invoices easier to collect (!) while protecting our copyright and the client’s understanding of their licensed rights. Proper forms also protect our mutual legal interests when photos contain people or property.

Some of our clients in the ad or design or publishing businesses will no doubt have their own forms that serve all of these purposes, but of course we will have to provide these forms for many of our clients; we endeavour to produce detailed contracts, with the assumption that proper wording is imperative to ensure clear understanding and for the legality of the contracts. We want of course to protect our copyright and, at the same time, be fair to clients. If you are unsure about any of the documents we use, feel free to ask questions.  The forms as we have constructed them are based on tried-and-true samples that have been developed and used over the years by many other professional commercial photographers.

The following are common forms used when selling stock photography, as well as when shooting a contracted commercial or editorial assignment.

This document will be sent to potential clients on paper or as an e-mail, sometimes accompanied by a cover letter when we make any submission of photos or photographic computer files. A delivery memo consists of two parts; a description of the images provided and a statement of terms and conditions. The first part of the form will include a count of the number of images and a description of the images and/or the assignment. The second part of the delivery memo is the expression of the terms and conditions. We require clients to sign and return a copy of the delivery memo (or a digitally signed return e-mail) when there is agreement to the terms and conditions. Before we receive a signed and returned delivery memo there exists no legal contract between us, and the client may not use any of the images included in the delivery without violating copyright law.  For this reason we request that the signed copy of the delivery memo be returned to us as soon as possible.

Terms & Conditions

This part of the delivery memo will describe the kind of media in which the images can be used, the price for such usage and the terms and conditions of paying for that usage. The terms and conditions will outline in detail all aspects of usage for an assignment or stock image. We will also include copyright information, client liability and a sales and payment agreement. We will also include specific conditions covering the alteration of our images by anyone, including designers or digital artists, the terms of transfer of rights and regulations regarding the digital storage of the images after the project is completed and published. We find that the mores pecifically we structure our terms and conditions to the individual client and project, the more legally binding they will be, and the clearer they will be to the client.

The Invoice

The invoice will provide clients with our mailing address, terms of payment and the amount due. In most cases the invoice will be itemized in the same way that the estimate was, broken down into the four major categories: photographer’s fees: expenses: usage fees: taxes and other charges. In many cases the invoice will accompany the delivery memo. When they are sent separately the invoice might also include a reiteration of the usage license terms for clarity. We will try to include a reasonable due date for payment for clients with whom we have a well established and maintained relationship; however in most cases we will ask for final payment to be ready when your images are delivered to you. Our business tax identification number will be printed on the invoice for our client’s tax purposes.

Model Releases and Property Releases

We try to maintain the habit of obtaining releases from anyone we photograph. We find a file full of releases increases the sales potential for editorial or stock images, and a release can protect us and our clients from liability for misappropriation of personality or property. A model release is a short form, signed by the person(s) in a photo,that allows the photographer to sell or license the image for commercial purposes. The property release does the same thing for photos of personal property. When photographing children (we define a “child” as they are so-defined in the geographical area in which the photo was taken, or anyone less than eighteen years of age,whichever is greater), we try to insist that an adult parent or guardian must sign before we regard the release as legally binding.  In some regions a release is not binding without consideration; the exchange of something of value; so in exchange for signed releases some photographers give their subjects copies of the photos (or copies of the final reproduction of the photo, such as a magazine tear-sheet page), others pay the models. In areas where some form of exchange or consideration is necessary for the release to be legal, we will choose the system that works best in each situation. Once we obtain a release, we keep it in a permanent file, and if we feel it prudent we will provide a copy of all pertinent releases to our clients.  All forms of consideration agreed to by us with a model or property owner will be included as part of the expenses of the project for the purposes of invoicing.

Traditionally a photographer does not need a release if the image is being sold editorially, or as a news photo.  However, some magazine and news outlet editors are beginning to require such forms in order to protect themselves, especially when an image is used as a photo illustration instead of as a straight documentary shot. A photographer always needs a release for advertising purposes or for purposes of trade and promotion. For photographic works of art, a photographer only needs a release if the subject is recognizable.