It is important that photographers do not indemnify clients against the consequences of their use of the photographers' pictures.

Publishers' contracts with rights-grabbing intellectual property clauses often contain equally one-sided indemnity clauses - perhaps banking on many photographers never reading them. Here are two of particular importance: Indemnity clauses

Photographers can draw on these to devise their own. Model contracts are available from a number of sources: see below. Rights should be negotiated (see 'Negotiating rates and rights' advice for photographers, linked below) and then confirmed in writing. Photographers in their turn are using contracts to place clear limits on the rights they are actually selling. These 'rights-grabbing' contracts, if signed, give publishers the rights instead. This grants photographers ownership of the rights in their work, whether commissioned or on spec. Publishers are increasingly presenting contracts when commissioning photographers that aim to get around the Copyright Designs and Patents Act 1988 (see 'Copyright advice for photographers', linked below).

This business depends largely on personal contact, which makes it difficult to conduct yourself in a manner which is - well, more businesslike. And putting things in writing, by clarifying the expectations of both parties, can prevent conflict arising in the first place.Īn email that clearly sets out what is agreed does count as evidence of a contract.įor as long as photographers can remember, most deals have been struck with a handshake (possibly metaphorical) or no more than a phone call or text message. Oral agreements are in theory legally binding: but can be difficult to enforce in court - it comes down to your word against theirs on what the contract is.

Photography freelance contract template