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| Photos by Sam Lewis |
aldiaz@aol.com
As a Miami Herald staff photographer I've had a limited need to learn about the legal aspects of the business of photography; contracts, copyright, sales and marketing. Bottom line, the Herald owns everything.
Until recently the only legal concerns I’ve had is knowing my civil rights while photographing in public places, or how to avoid arrest while doing my job covering a fire, riot, armed conflict or a simple traffic accident.
With the state of the newspaper industry I have job insecurity. Hoping for the best but preparing for the worst I spend my spare time building my webpage, tweeting, blogging, branding and basically getting ready for the future.
Now that my social media is up a running I need to educate myself on the legal side of running a photography business.
It’s time to ask my friend Sam Lewis a few legal questions and how to protect myself while pursuing our profession. In addition to being an attorney, Lewis is a professional photographer who interned at the Herald a few years after I joined the staff there.
The Legal Lens will be a monthly Q&A with Lewis on all legal aspects of photography.
If you have questions or suggestions for this feature, please e-mail them to AlDiaz305@aol.com or SLewis@ImageReflex.com.
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| Sam Lewis |
With Sam Lewis
SLewis@FeldmanGale.com
Q. Let’s take a few
minutes to talk about contracts. Why
should photographers use written contracts?
A. I encourage all
clients, especially photographers, to use written contracts. When it comes to creative endeavors
such as photography, written contracts can play a vital role in managing client
expectations, which in turn protects photographers from the sort of claims that
a dissatisfied client may assert. Click here for an example
Even where a photographer has a good
working relationship with a client, a written contract can be a useful and
effective tool for clarifying the scope of a job to be done,
and ensuring that everyone knows where they stand if for some reason things go wrong.
and ensuring that everyone knows where they stand if for some reason things go wrong.
Q. Are there certain
concepts that should be covered in a photographer’s contract?
A. The concept with
which most photographers will no doubt be familiar is that of usage and
compensation. The agreement should
clearly detail any usage terms, and where appropriate, who will own the
copyrights to the images; the compensation should also be detailed. Where
possible, the contract should include any details of the job that are known,
and who will be responsible for various tasks that may go along with the
job. For example, who will be
responsible for engaging any models or makeup artists, obtaining model and
property releases, securing permits, etc.? Addressing these sorts of issues up front goes a long way
towards avoiding a problem on the day of the shoot.
The contract shouldn’t stop there. It should also detail how disputes will be resolved, whether
there are any limitations on the photographer’s liability, etc. For a further discussion of what should
be included, see my article published in the November 2009 Digital Photo Pro
magazine, “Get It In Writing: A lawyer’s secrets to better contracts”
Q. Some organizations
like ASMP or PPA offer form contracts for their members. What are your thoughts on those
contracts?
A. Using a form
contract is probably better than nothing, but you’re far better off using a
contract that is tailored to your business and where you work, and has been
prepared or reviewed by an attorney familiar with the laws of the state in
which your business is based. Since
contracts are typically governed by state law, and issues such as limitations
on claims can vary from state to state, it is a good idea to spend some time
with a local lawyer who is knowledgeable about such issues.
It is also important to understand the legal ramifications
of what is contained in the agreement, and this applies equally to form
agreements and customized agreement.
Some of the form contracts include provisions that may have unintended
consequences. In an upcoming article
slated to appear in Digital Photo Pro, I discuss some of the potential
consequences of including an arbitration provision in a contract.
Samuel
Lewis is a Board Certified Intellectual Property law specialist and partner at
Feldman Gale, P.A. in Miami, Florida, and a professional photographer who has
covered sporting events for more than twenty-five years. He can be reached at SLewis@FeldmanGale.com
or SLewis@ImageReflex.com.
Note: The information appearing in this blog entry is not, nor is it intended to be, legal advice, and should not be construed as such. Rather, the information is provided solely for educational purposes by providing general information about the law. This blog is not a substitute for legal advice from an attorney licensed to practice in the state where your business is based or where you live.
