Cover Everything In Your Photography Contract
October 5th, 2009I recently learned something new in my fashion photography career, yes even at my stage of this business I am still learning. I won’t say the client’s name however, I am really upset and also upset with myself. Here is what happened.
I shot a very high profile person/celebrity and the shoot went great. They had their own retoucher do post. The contract covered everything so I thought. I left out one phrase. That phrase is : Photographer shall receive all digital retouched files. I didn’t include this in the contract because I have never had to. The clients always send me the retouched high res files without me even asking ! But what I learned this time was that every client is different and some don’t realize that it is common courtesy to give the photographer his retouched files. Legally the client does not have to hand those over, however it has never ever been a problem.
So long story short I have been going back and forth with the client trying to work something out. It’s not just me that needs those files, it’s my team, hair, make up, wardrobe and the models ! The bottom line is that in our business there are no set contract terms. Everything is negotiable except for the fact that the photographer owns the rights to the photos. Their reply was that I have the photos so why do I want the retouched photos ? Well you would think that is a “duh” kind of answer however, they don’t see it that way. Will I end up getting them ? I don’t know, but I sure as hell am trying.
Tags: business, celebrity, clients, Cover, digital, fashion photograph, make up, model, models, photographer, photography career, Photography Lighting Techniques, retouched photos, retoucher, skin, wardrobe
October 5th, 2009 at 10:52 am
Yikes! I’m sorry to hear about this. And this is exactly why I need to get an agent or business manager, I am not great at knowing what contracts say or don’t say. It’s so confusing sometimes! I hope you get it all sorted out.
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Jason Christopher Reply:
October 5th, 2009 at 10:55 am
Hi Lolly, yes these details are very important. I actually wish digital never happened. Things were so much easier and respected back in the film days.
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October 5th, 2009 at 11:18 am
Hi! I just wanted to say (as I’m sure this is said to you constantly) that I am soooo glad I found you. It is so refreshing to find someone in the industry, who is so forthcoming with information despite the fact you have already made it with celebrity clients. A photographer of your caliber would have been the last place I would thought I could enrich my own knowledge. Kudos to you and again thanks. I am just starting out and have tons of questions and it’s nice to know that a random google search on my part led me to someone I could get my questions actually answered with. Thanks for all you do and good luck with the client. I hope they do the right thing!
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Jason Christopher Reply:
October 5th, 2009 at 12:22 pm
Gina you are sooooo welcome ! I invite you to go through all my posts. There is alot to learn and don’t hesitate to ask any questions you may have
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October 5th, 2009 at 11:31 am
[...] http://jasonchristopher.com/blog/2009/10/05/cover-everything-in-your-photography-contract/I shot a very high profile person/celebrity and the shoot went great. They had their own retoucher do post. The contract covered everything so I thought. I left out one phrase. That phrase is : Photographer shall receive all digital … [...]
October 5th, 2009 at 4:32 pm
I could see where a celeb rep would want you to have the retouched files so that unretouched images of the celeb don’t get out into the public.
However….
I don’t see where you or anyone else are “entitled” to the retouched images. Yes it is a courtesy that they should extend, but I don’t see where the client should be obligated to do so. The photographer and glam squad can always access the tearsheet itslef for their books. I don’t see where the client -who has paid the crew, still owes them something -especially if that “something” is a new creation.
Even though I am a photographer, I totally understand why the client says, “You already have the original file.”
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Jason Christopher Reply:
October 5th, 2009 at 5:31 pm
Well in this particular case they weren’t published. They were made into posters for a charity event. So there are no tears to get otherwise of course I would just use the tears. ALso in this case it’s not that the images were just retouched, different backgrounds were put in. Bottom line is I have NEVER had a problem getting the retouched files from a client and there really is no reason to not give them to the photographer. If anything they should give them to the photographer because otherwise with me having the raw files I can make them look however I want them to look and that includes putting the person in a background that would not make them happy.
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October 7th, 2009 at 10:17 am
Wow. Was going through your posts. Stunning work. It’s so intimidating. I think the fashion industry itself would eat someone like me alive
. I want to do something totally different in childrens photography and I was looking at high fashion photography and thinking it would really make me stand out if I could put children in a high fashion look. Now this is probably a dumb question, but alot of the high fashion photography such as yours has a bluish grayish tone to them. Like the Michael Copon shoot. Is that all from the background color and lighting or is that by turning the picutres black and white and then giving back some color? From your posts I gather theres no photoshop involved but I was’t clear. Do I have to buy that background set up? Also, you hear this alot I’m sure, but I really really have no extra money to spare. I have a long sob story 
but I won’t get into that. So I was wondering if I could achieve a high fashion shot with a 580 EX and a canon 5D. Is there some kind of lighting system that would be really cheap to buy but still give results? I don’t know if this post even makes sense but I am an amatuer and thoroughly confused 
. You seem so approachable and man I wish I could have someone take me under thier wings right now! I want to make this photography thing work. Unfortuanately I live in New Jersey right now and Know no one in the biz. Anyways. Sorry to be so wordy.
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October 13th, 2009 at 5:39 pm
Additionally, what I might suggest in the future is a clause that stipulates that any post production editing be approved by the photographer (you) being that it is in fact your creative process. And is a representation of your work.
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Jason Christopher Reply:
October 22nd, 2009 at 7:41 pm
That is a good point Santo. I agree. Thank you for that advice.
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October 27th, 2009 at 12:52 pm
[...] The rest is here: Cover Everything In Your Photography Contract | Fashion … [...]
October 29th, 2009 at 9:48 pm
Hey Jason, Thanks again for using our space for your shoot on Tuesday. It was a pleasure having you in studio, and I look forward to the next time.
In regard to this post…it’s funny because I have a similar story. I recently signed with Vistalux for syndication of my stock images. They used to give photogs back the retouched files…but now they charge for that service. Their school of thought is that if they have to pay someone for the retouching…then that’s money out of their pocket. Same goes for us as photographers, charging the client for retouching on their selects as well…if we pay a retoucher to do the work at $$$ per hr…do we really want to give those (enhanced) files away?
In addition, if their retouching sucks…or they put in backgrounds you don’t want…then you’d have to re-do it yourself anyways and still incur that expense.
Apparently you have a client who is savvy in this business…which is good, because it should be easier for you to negotiate a fair rate for your future services, since they are apparently familiar with this business…but you also have to be extra careful…for the same reasons…they know this business, and they are using their knowledge to their advantage.
Did they at least offer you a good price on the retouched files?
You could always buy the retouched files, eat the cost (chalking it up to a good learning experience) then make some good ol’ Costco prints for your crew, and you’d be a superhero…and only out of pocket a few bucks.
Like you originally said, the best rule of thumb is the title of your post…”Cover Everything In Your Photography Contract”…if it’s not in writing or already a law…it’s basically a dead end.
Thanks for the reminder though…I’m making sure I put this clause in all of my contracts from this point on…
“Photographer is entitled to an original resolution copy (either digital or printed media) of any final artwork or tearsheets which incorporate any of the photographer’s original or otherwise modified images. Any digital copies shall be in a resolution of no less than 3000 pixels at the largest dimension. A cd or dvd with high resolution jpegs will suffice.”
All the best,
Matt
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Jason Christopher Reply:
November 2nd, 2009 at 12:53 pm
Hey Matt, you’re welcome. The studio is really great.
So about this post….. actually my client doesn’t know crap about this business. You’re right about the fact that I risk the fact that they could get them done by a horrible retoucher. But I know what they paid him and saw his work so I knew it would be good. And no they did not offer me a good price on the retouched files, they just absolutely would not release ANY retouched files. Their reasoning was because it was a celebrity football player they didn’t want me to sell the images WHICH I have the right to do anyway because celebs are fair game. Now since this whole fun experience, they did send me retouched files with the models in them and other males in the shot but NONE with the celebrity. They don’t do me any good but maybe the models will like them.
Also, this is the first time this has ever happened. Every client I shoot for even celebs, I don’t even have to ask for the hi res files, they just send them to me as a courtesy. Oh well, we live and we learn. I like your sample clause to include in the contract.
Thanx Matt !
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October 29th, 2009 at 10:48 pm
Thank you for sharing this story Jason. I hope everything works out and you get copies of the retouched images for you and your team. Good lesson for all of us to remember… just because MANY people do things one way doesn’t mean EVERYONE will/does.
Have a great weekend!
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October 31st, 2009 at 11:47 pm
They probably spent a lot of time and money on the retouching / redesign and didn’t want you posting the work on your site as your own.
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Jason Christopher Reply:
November 2nd, 2009 at 11:03 am
Hi Randy. Yes they probably did spend alot. But the point is that I still took the photo. And MOST working photographers do not do their own post because we just don’t have the time. Therefore none of post is their own. The bottom line is the concept is their own. This is the ONLY time I have ever had a client refuse to give me the final edited photos. Actually I never even have to ask. They just send them to me. You have to remember that we are the photographer, we are the director and the most respected, important person on the crew. Can you imagine the client telling Patrick Demarchelier that he can’t have the retouched photos that HE shot ? Do you think he does his own post ? Ummmm no he doesn’t.
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November 2nd, 2009 at 7:46 pm
My question for you is , Are there any places online where I could find examples of a photography contracts ? Where was it that you had mentioned the usage fee and cost website/program? Thanks again for such amazing information. You are quite a scholar and a gentleman
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Jason Christopher Reply:
November 3rd, 2009 at 11:52 am
Hi Christopher. Thank you for the compliments and you are very welcome
I know contracts can be found at the APA website, ASMP site but there is a book by Tad Crawford called Business and Legal Forms For Photographers. It’s a really good book to pick up.
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November 2nd, 2009 at 9:20 pm
Yeah, I found this out the hard way too. That’s very uncool that you can’t get the retouched files back!!
Randy … I don’t quite agree with you on your post comment, because as Jason said, the concept, the shot, is ALL his. I know a handful of photogs who do their own post, myself included, but most of these photogs are not big yet. IMO, I think it’s a courtesy to send the photogs the retouched files back, or at least to allow them to purchase them for a reasonable price. What do you think?
Matt — great clause to include in contracts!
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Jason Christopher Reply:
November 3rd, 2009 at 11:48 am
Why thank you Jaime
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November 13th, 2009 at 8:06 am
Thanks Jason! That was gonna be my question – where do I start reading about forms for photographers since I’m just starting and learning about all the legality involved in photography. I’ll go pick up the book now!
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November 22nd, 2009 at 3:36 pm
Hello Jason, Thank you for the contract sources. I have another contract question for you. Do you use model releases and/or contracts on test shoots? How about doing head shots? Also, do you put your watermarking on those kind of jobs. I’m never sure on the proper procedure for adding your watermark. I’ve seen it both ways and can see both good and bad reasons for it.
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Jason Christopher Reply:
November 24th, 2009 at 12:26 am
Hey buddy,
I always use a contract on every shoot, test shoots, paid test shoots and commercial shoots. Model releases for test shoots I don’t use because if the model is paying me to shoot her or him it’s really not cool to ask them to sign a release. If it is a non paid test then sometimes I ask them to sign a release if I think I can syndicate the images.
I never watermark my images because the client paid for a photo shoot. Back when we used film there was no way to watermark your images. For test shoots, paid or non paid I don’t watermark them either. I want the model to buy prints and if they can’t see their faces they won’t buy prints.
When I shoot a non paid test I just give the model very low res images small enough so she can make a decision on which shots she wants for her book.
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November 24th, 2009 at 1:35 am
Thank you Jason for explaining that for me. That helped me a lot. I’m pretty new to the business side of photography and your answer raised some new questions. I think my understanding of what a test shoot is was wrong. Is a test shoot a “free” shoot with a model and then selling back to them the images they like? If so, how do you price that? Also, what does it mean to syndicate the images?
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Jason Christopher Reply:
November 24th, 2009 at 2:14 pm
Hey Bauhas, btw what is your first name ?
Fashion photographers do different kinds of test shoots. The most popular type of test shoot is when everyone collaborates on a concept. So you discuss the idea with your make up artist, hair person, wardrobe stylist etc. No one gets paid for this kind of shoot because everyone is participating to get usable prints for their books. If retouching needs to be done then everyone pitches in to pay for it. You don’t sell the images to the model you give her the images she likes, same with your team. If they want prints then of course you have to charge them for prints.
Originally “testing” was when a photographer would shoot a couple rolls of a model that is being considered for a job. In Hollywood it’s called a screen test. So you are literally “TESTING” the model to see how she moves and works the clothes.
If a photographer wants to try out some new lighting technique he will call an agency and send a model over for free and the benefit is the model will get usable photos.
Then we have what’s called a “paid model test shoot” more known as a portfolio shoot when the model needs to update her book and she pays the photographer a fee to shoot with him. She gets a disc of all the images and her agent decides where and who retouches them and prints them.
I think the whole “testing” idea has been distorted too much. Ok so your other question is about syndicating. This is when a photographer has a stock agency rep them for the stock photos they have. Stock photos are photos that you see for instance in a medical brochure or coupons etc.
If you need more explanation just ask me
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December 2nd, 2009 at 11:40 am
Those using model releases (not working with agency models, etc) that are concerned about post hacks…write that into your release as well. I’ve had (mind you only twice) models take it upon themselves to get artistic with a shot and completely hack it up. My release covers post and usage by the model in addition to the release itself. Mind you…this is not for “paid” work. In that case…it is a flat out contract.
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Jason Christopher Reply:
December 2nd, 2009 at 12:06 pm
I agree totally Steve. These “models” are not real models so they just don’t have a clue unfortunately.
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March 23rd, 2010 at 11:59 pm
when starting out doing modelling for commericials,advertising and music videos) is it right to pay for a test shoot?
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Jason Christopher Reply:
March 25th, 2010 at 12:33 am
Yes Erika it sure is. Even if you are signed with an agency you still have to pay to start your portfolio. I have a question for you.
Why wouldn’t it be right for a model to pay for a test shoot ?
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Jason Christopher Reply:
March 25th, 2010 at 12:39 am
Yes Erika it sure is. Even if you are signed with an agency you still have to pay to start your portfolio. I have a question for you.
Why wouldn’t it be right for a model to pay for a test shoot ?
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March 25th, 2010 at 3:55 pm
Erika Hunter
I don’t kno i’ve bin told that there are alot of fake agencies and i was just weary. I was told that if a modelling agency like your look you they have to pay for everything
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Jason Christopher Reply:
March 26th, 2010 at 4:52 pm
Hi Erika,
Yes there are many fake agencies out there or better yet unscrupulous agencies. Nevertheless, even if the agency is legit and DOES like your look, they actually don’t pay for anything. You are responsible for paying for photo shoots, photos and even the comp cards as well as the actual portfolio book. Don’t let anyone tell you any different.
It was true back in the day, 30 years ago in the days of Gia, Kate Moss, Cindy Crawford etc. that the agency would pay for most everything. Now days that has all changed.
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March 27th, 2010 at 1:55 pm
arr ok thankyou for your information
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Jason Christopher Reply:
April 5th, 2010 at 10:39 am
You’re very welcome Erika !
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