Microstock Photography Forum - General > General Photography Discussion
How do you write a contract?
increasingdifficulty:
Delete.
PhotoBomb:
--- Quote from: unnonimus on May 22, 2018, 08:28 ---https://www.copyright.gov/circs/circ09.pdf
Owner of the Copyright in a Work Made for Hire
"If a work is made for hire, the employer or other person for whom the work was prepared [for] is the initial owner of the copyright" (not the photgrapher)
--- End quote ---
Read the whole thing - The photographer is a freelancer - this is not a 'work for hire' scenario.
dpimborough:
--- Quote from: unnonimus on May 22, 2018, 08:24 ---you said: "Wrong the client does not get the copyright unless the producer/photographer signs it over irrespective of how much is paid"
wrong. in the USA, according to the US copyright office, under the circumstances of a work for hire, the copyright of the work is transfered upon creation and the photographer would not be a copyright holder at any time even though he took the photos.
--- End quote ---
Do you really have to repeat everything with the precursor "you said..."
Anyway you are still wrong "created by an employee as part of their job, " is work for hire
The OP is not an employee he is working free lance.
I do wish you would go read up on these things properly.
Stop misleading people with selective quoting
K46:
Dear All
I should have prefaced this post mentioning that I have spent days if not weeks digging the internet for free templates and most of them are rip-offs of one in particular. However, this question is about how to WRITE one, not how to use a preexisting one.
Surely we are not lawyers here, but do you know what clauses are absolutely a must?
eg. The Photog and the Customer, the Price to be paid, the estimated total pictures provided, liability, cancellation etc.
I hope my question is more clear and not grounds for deletion anymore.
dpimborough:
--- Quote from: K46 on May 22, 2018, 11:54 ---Dear All
I should have prefaced this post mentioning that I have spent days if not weeks digging the internet for free templates and most of them are rip-offs of one in particular. However, this question is about how to WRITE one, not how to use a preexisting one.
Surely we are not lawyers here, but do you know what clauses are absolutely a must?
eg. The Photog and the Customer, the Price to be paid, the estimated total pictures provided, liability, cancellation etc.
I hope my question is more clear and not grounds for deletion anymore.
--- End quote ---
You are over thinking the issue.
A contract can be very simple i.e. I agree to supply xx dog portrait photos size xxxx by xxxx pixels
State the price.
How they will be delivered ~ print or digital transfer or on media
State copyright is retained by the photographer.
Put it on a sheet with the heading quotation or estimate
Put your client's address and contact details together with your address and contact details.
Stipulate the payment method and how they are to pay, when they are to pay and how you will deliver the images.
Thats the basis of the offer then get the client to confirm acceptance in writing (email, order form or letter) once they do this you have a contract.
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