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Sample editorial contract?


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I have been contacted by a company that wants me to shoot a conference and wants the photos to be

published. Does anyone have a sample contract to help protect myself from them using these for

advertising, etc? Typically the magazines have me sign a contract, but I would like to find one for

personal use. Any publishing rights forms would be helpful as well.

Thanks!

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You don't need to have a contract that is anything more than a simple license. For the sum of $X, photographer allows (Client) the (-non-Exclusive) rights to use (Number of selected images) in the following (Media) for (Term) in (Territory) and (Languages). All other rights remain with the photographer and are expressly reserved. This specifically includes (Prohibited Uses).<br>

<br>

I'm only a lawyer in my own mind, and my mind has been forcibly decaffinated.<br>

<br>

Gary Crabbe<br>

<a href="http://www.enlightphoto.com">Enlightened Images</a><br>

<a href="http://www.enlightphoto.com/views">Enlightened Images Views</a><br>

<br>

PS: I have a number of resources listed on my site, some of which may be helpful in general, but I'm 100% sure the <a href="http://www.asmp.org/">ASMP</a> American Society of Media Photographers has sample conracts available for members to use.

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  • 8 years later...

<p>Is always important to have a signed contract before you do any photo shoots or license any images. That way all is crystal clear and you are protected. Here is a template to go by and adjust it to your own needs. <br>

!. On the first paragraph make sure your contract start with what was agree along with the terms, conditions between you and client. <br>

2. The fees or payment agree should be on the contract as well as is based on what has been decided for the photo gig or licensing. Any additional usages, i.e. if the clients during the shoot wants you to a totally different shoot as to it has been agreed and signed in the contract before the shoot, will be negotiated in good faith for a fees to be pay. If you licensed any images and after the fact client wants to use the photo for something else, web/pdf/poster or any other additional uses of the photo(s) not covered in the initial agreement, Client shall obtain permission from you and pay an additional fee to be agreed upon.<br>

3. If you don't get pay promptly then you won't be able to eat, pay your rent, medical care, camera gears etc so make sure that client pays you in 15, 20 or 30 days. If the job is more than 1000.00, ask client will pay foot the bill in advance of the shoot. OR at least all your expenses. <br>

4. You must keep the © of your foot work unless client is paying you over 30K. If you give your © is called Work for Hired. YOu don't want to do that for you will never own your photos and even if you want to place those images on your website or use it for your own promotion you will have to go back to that client to get permission. And they you tell you NO.<br>

5. Inform client that grant of any reproduction rights is conditioned upon receipt of payment in full. All rights not expressly granted shall be reserved by the Photographer © and to be negotiated in good faith.<br>

6. IF a photo shoot is cancel/postponed client will pay you all your expenses acquired while prepping for the shoot plus a fee to be agree upon. Usually I charge 50%. And if photo job is cancelled a day before then client should pay you 100% <br>

7. Client must be present during your photo shoot. If a Client or a representative is not present, your own interpretation of their concept shall be deemed acceptable.<br>

8. This is a MUST to have in your contract: INDEMNIFICATION - Client hereby indemnifies and holds the Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Client's use of Photographer's work. The Photographer similarly indemnifies and holds Client harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Photographer’s negligence. <br>

9. Credit Line or photo credit in your name or your website name shall accompany his photograph. If photo credit is omitted/forgotten/wrong then client will pay photographer a fee three times the original amount. Client will also also give the photographer the proper credit if this occur. Magazine will also rectified this error when their next issue comes out.<br>

10. TEAR SHEETS - Client will provide Photographer with a printed copy or PDF of any publication his Photographs appear in.</p>

<p>Good luck and protect © yourself and remember "A Photo Used is a Photo Pay For."</p>

<p> </p>

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