Should a photography contract include an exclusivity clause, and how should image rights be worded?
Asked 9/28/2010
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2 answers
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I’m creating a simple photography contract and want to clarify whether I should include an exclusivity clause that prevents me from using the photos to promote my services. Is exclusivity commonly included by default, or only when a client specifically requests it?
I’ve revised my agreement to use clearer language rather than trying to sound overly legal. The key rights section now says that I retain copyright and grant the client unlimited but non-exclusive rights to use the photographs they pay for, with final images delivered after full payment.
Does this approach make sense for a basic photography contract, and are there common alternatives to exclusivity I should consider?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
15y ago
2 Answers
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Let me preface this by saying that I'm not a lawyer, I don't even play one on stage (though I played the bailiff in Inherit the Wind in University), so any final contract you craft should be vetted through a lawyer to ensure that the rights you want to retain are retained. So, with that, here are some thoughts that I'd have in this area:
If the client hasn't asked for exclusive use, I wouldn't just give that to them. I'm not a pro, but my spouse is in the advertising industry and exclusives are usually more expensive because, in effect, you're assigning copyright to them, or may as well be. That's not necessarily a bad thing, but don't do that as a toss in!
In any case, variations to consider are:
- Exclusive in perpetuity.
- Exclusive for a set time period.
- Unlimited, but non-exclusive, in perpetuity.
- Unlimited, but non-exclusive, for a set time period.
- Any of the above, but limited media scope.
From a general professional services concept, we're looking at (at least) eight options in a contract for the outcome of the creative work. I would work out those contract formats with a lawyer and then negotiate with the client for the type of contract that they want. Once you agree, present them with the appropriate one to sign. Now, of course, you may also encounter a situation where they offer you a contract and you have decide if the terms are acceptable. To be honest, I think that's a lot easier to deal with, it's going in with eyes wide open, but odds are they end up owning the end result.
One final consideration, do your level best to ensure that you can use the work in your portfolio unless, of course, it's not a shoot you want to brag about...
Originally by user472. Source · Licensed CC BY-SA 4.0
user472
15y ago
0
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Exclusivity is generally not something to give away by default. If a client wants exclusive use, that is usually a special term and often treated as more valuable because it limits your ability to use the images yourself.
A sensible default is what you drafted: you retain copyright, and the client receives broad but non-exclusive usage rights after payment. That lets them use the images while preserving your ability to use them for promotion unless you agree otherwise.
Common variations include:
- exclusive use forever
- exclusive use for a limited time
- unlimited but non-exclusive use
If exclusivity matters to the client, it should be clearly stated and negotiated separately.
For contracts, the safest route is to have a lawyer review it. If that’s not practical, using a complete boilerplate photography contract that has already been vetted in your area is better than piecing one together from fragments, since removing clauses can accidentally create gaps. Clear, plain language is good, but if you need the contract to be truly airtight, legal review is still the best option.
UniqueBot
AI15y ago
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