A Fair Contract:
UPoC’s recommended contract for photojournalists
In consideration of the mutual promises as set forth below, this Photographer Agreement is executed as of ___________ between PUBLICATION with offices at _____________________ and _____________________ (Photographer) whose address is ________________.
PUBLICATION publishes photographs, either by themselves or in connection with articles, editorials and other content, in (i) print publication, (ii) online, digital and other electronic publication, and (iii) Web site under PUBLICATION banner (collectively, the "publication and site”). PUBLICATION keeps and makes available the content of its publication and site in archival, searchable databases for visitors to its Web site and readers of its publication.
PUBLICATION wants to retain the Photographer, serving as an independent contractor, to conduct photo shoots and deliver photographs from time to time as requested by PUBLICATION for use in the publication and site specifically. Photographer and PUBLICATION agree to the following terms:
1. PUBLICATION will indemnify and defend a freelancer against any third-party claim arising out of any article published or distributed and any news gathering related thereto unless PUBLICATION forms the good-faith judgment that such claims arise out of the freelancer’s breach of representation, warranty, or obligation under their contract. Such indemnification will include all losses, costs, and expenses, including reasonable attorney’s fees, damages, and recoveries. PUBLICATION will do this if the freelancer agrees to fully cooperate with PUBLICATION and its parent and affiliated entities, and their members, shareholders, directors, officers, employees, representatives, and agents from and against any actions, claims, demands, liabilities, expenses, and costs, including reasonable attorney’s fees, arising out of any third-party claim related to such breach.
2. Cancellation Fees: PUBLICATION will pay 10% of the negotiated fee if cancelled more than two weeks in advance, 25% if cancelled within one week, 50% if cancelled less than 48 hours in advance, 100% if less than 24 hours. Client should pay all expenses incurred by the Photographer up to the time of cancellation.
3. Payment within 30 days of receiving an invoice.
4. Photographer agrees to conduct requested photo shoots and deliver the resulting photographs to PUBLICATION by the deadlines requested by PUBLICATION. Photographer will deliver photographs for use and publication by PUBLICATION in accordance with PUBLICATION's specifications.
5. Photographer warrants to PUBLICATION that the photographs delivered to PUBLICATION are original to Photographer, have not been published by a third party, and do not infringe a third-party copyright or violate the right of privacy or publicity of a third party.
6. PUBLICATION agrees to pay Photographer according to the fee schedule included in Attachment I for taking and delivering photographs for PUBLICATION.
7. PUBLICATION will reimburse Photographer for reasonable and necessary expenses incurred in connection with photo shoots commissioned by PUBLICATION. Photographer will submit reasonable documentation of the expenses. No other payment shall be due for the rights granted and the services rendered except as indicated in this Agreement.
8. Photographer grants to PUBLICATION the worldwide right and license (for the full term of the copyright) to (i) modify the photographs (such as colour correcting and cropping) for use in only PUBLICATION publication and site, (ii) copy and store the photographs as needed in connection with the publication and site, (iii) publish the photographs in any of the publication and site, in any medium, and in excerpts, summaries, links, abstracts and search results that relate or point to what was originally published in the publication and site and (iv) store and make available for archival searching through one of the site of PUBLICATION or its related entities the photographs as originally used in the publication and site.
8B. PUBLICATION will not share this image with any other publication that is not specifically PUBLICATION. Any form of syndication will require a payment to the photographer.
9. In the case of reuse when the photograph is not used in connection with the original story in which it was first used, PUBLICATION agrees to pay Photographer a Print Re-use Fee as stated in the fee schedule included in Attachment I.
10. A credit line will accompany any photograph appearing in the publication and site.
11. Either party can terminate this Agreement with or without cause with 30 days' prior written notice to the other, and all engagements while this Agreement was in effect or in progress at the time of termination shall continue to be governed by these terms. Licenses for photographs purchased under this Agreement do not terminate when this Agreement terminates.
12. Photographer retains the right to publish each photograph from a shoot commissioned by PUBLICATION on its own or to license it to a third party after two days of the first publication date.
13. This Agreement supersedes any previous arrangements, negotiations, or discussions between the parties. It cannot be changed except in writing signed by both parties.