I have been in discussions with a potential client for about a week now.  Mainly we have been discussing stylistic needs such as wardrobe, type and intent of imagery, locations, and exactly what impression or persona the client wants to portray to the viewer.  I also forwarded three documents that would be required to be signed by both of us in order for the shoot to take place.  Those documents are the Portrait Contract, the Model Release, and the Limited Use Agreement.  These are legal documents.  Prior to any session, I always forward any document that requires a signature in order for the photo shoot to take place.  This way, the client can review them on their own time and can ask questions, etc. prior to the day of the shoot.  There is nothing worse, in my opinion, than being shown a legal document right before a photo shoot that must be signed or the shoot is a no go. This adds pressure and an element of uncertainty to the situation.

This particular individual read over the documents but still wanted them to be reviewed by an attorney before proceeding with scheduling a photo shoot.  I thought it was a great idea as I don’t want anyone feeling uncomfortable, uneasy, or unsure about any part of the photo shoot process from beginning to end.

Off the track a bit, but I think it’s necessary to briefly discuss each form. Basically, the Portrait Contract identifies the parties to the contract (myself and the client), what service I am offering to the client, what the client will receive from my services, and what is being exchanged for those services (ex. creative fee in return for a 2-hour photo session).  The Model Release is essentially a document that grants permission for me to use the images made during the photo session in my marketing efforts, advertising, and for other purposes.  Photographers rely on the ability to show their work as a way to attract new clients and business.  A model release is pretty much a standard requirement and if you ever seek the services of a professional photographer,  expect to be required to sign one.  If you are not asked to sign one, that is when you should really begin asking questions.

The Limited Use Agreement is a document that I provide to certain clients when they will be provided digital files.  Just as the name implies, it allows the client to use an image or images under certain limited conditions that are defined in the Agreement.  I only provide high resolution digital files to those clients that hire me to shoot headshots or other images that will be used for promotional purposes.

WOLVES

It’s understood that these individuals need the ability to get prints made at the request of a casting director, casting call, agent, etc., the need to produce promotional posters and the use of other media to help promote themselves.  Legally, I forever own the copyright to any image that I make (unless I sign over the copyright to someone else).  Therefore, without my permission, any image that I make cannot be printed, displayed, reproduced, or used in anyway without my expressed permission.  Any such action is a violation of federal copyright laws.  This includes but isn’t limited to scanning a print that may have been purchased through me, “screen grabbing” an image from my website and using it elsewhere, or taking a print purchased from me to a third-party print house and getting prints made.  Some establishments ask to see a copy of a use agreement while others are happy to print or scan anything so long as you pay them.

The client and I always establish the parameters and limitation of use in the Limited Use Agreement.  It can vary from client to client.  Most often, the Agreement will identify the images by name and grant printing/display rights for personal use or for professional use.  The Agreement includes my business name, my name and how I can be reached in case anyone should question the authenticity of the document.  Also, I usually require that any image used for promotional purposes will appear with a credit to me.  Again, the client is benefiting from the use  of my image and it is fitting that in return I receive credit and recognition for the image.

Getting back to the potential client, the attorney reviewed all three documents and gave the go ahead on the documents. Everyone is satisfied. The potential client feels comfortable with the legalities and I feel comfortable that the client is comfortable.  We are looking forward to a photo shoot to take place later in the spring.

As a Professional Member of the Professional Photographers of America (PPA) I have access to a variety of resources that assist me in conducting my business.  The forms I use are templates provided by the PPA.  They serve as a great starting point and I tailor them to meet my specific needs.  This is one of the many ways that the PPA helps me conduct my business in a professional, ethical manner and in turn all my clients benefit from it.

*Why the wolf image? No particular reason.  I like this image and just wanted to break up the text a little bit!