Legalities in Commercial and Client Commissions

Understanding Legalities in Commercial and Client Commissions

  • Commercial photography involves taking photographs for commercial use, such as in advertisements, merchandising, and product placement.
  • Client commissions involve creating photographs as per the requirements of a paying client, which might involve portrait, event, or brand photography.
  • It is important for photographers to understand legal considerations to safeguard their rights, ensure legality of their work, and maintain a professional relationship with stakeholders involved in their projects.
  • Photographers must have a good understanding of copyright law to protect their intellectual property rights and to avoid infringement of others’ rights.
  • Ensure a written photo licensing agreement exists between the photographer and client, outlining the usage rights to the photographs.
  • For commercial photography involving human subjects, secure a model release form. This legal document protects photographers from potential future lawsuits, confirming that the people in the photos have given their permission to be photographed and for the photos to be used commercially.
  • Ensure you have the required property release forms if your photographs include recognisable privately-owned property. This is especially important for commercial photography.
  • If working with minors, always have a parental consent form signed.
  • Maintain a professional communication with clients, respecting their needs and establishing clear expectations.
  • Always deliver on your promises and be transparent about your capacity to deliver on the project scope.
  • Understand the tax implications of your income from photography work to ensure legality and fiscal responsibility.
  • Have public liability insurance to cover the potential legal costs or compensation claims if a third party is injured, or if their property is damaged.

Balancing Legalities, Ethics, and Aesthetic qualities

  • Ensure adherence to standard practice while also maintaining the creative freedom needed to bring life to commissioned work.
  • Remember that even within the constraints of the law, there’s still space to push boundaries creatively.
  • A well-integrated mix of legal knowledge, ethical considerations and innovative creativity forms the basis for a successful career in commercial and client led photographic projects.