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madmen
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p.1 #1 · Question

Hi guys and gals,

I got in touch with a magazine that wanted me to shoot an even form them. We negotiated something over email. I came to a point where I asked if we had a contract we can finalize but the person said they do not do contracts with photographers and we can use the emails as a formal agreement.

I had been burnt before doing this kind of practice so I said unless they can produce a contract I don’t see myself doing business with them. They choose to go with another photographer.

Did I do the right thing?

Thanks,

Tom

Jul 29, 2009 at 09:46 PM

Mark Peters
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p.1 #2 · Question

Did you ask to get paid up front? That would mitigate alot of your risk.

Jul 29, 2009 at 09:53 PM

madmen
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p.1 #3 · Question

That's a good point have you seen magazines do that? I guess I'm picky I like to have a contract that outlines everything so that there are no if's or but's once we are done with the project

Jul 29, 2009 at 09:56 PM

indyjones
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p.1 #4 · Question

Tom,
There are a number of ways of handling this from your end. You did the right thing. Stop there, move on.

Negotiating upfront pay is another way, with a contract and all terms spelled out in black and white.

You can also shoot for a wire and have them submit images to the magazine if you are uneducated is discussing/setting up and negotiating terms.

Like I say, there are options when doing mag work. One suggestion to always remember...never give up full image rights when doing WFH contracts. Make sure you work in a dual copyright clause.

Indy

Jul 30, 2009 at 03:17 AM

Carl Auer
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p.1 #5 · Question

moved to correct board

Jul 30, 2009 at 10:58 PM

shatterkiss
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p.1 #6 · Question

Most magazines, in my experience, aren't going to go through the hassle of a contract for licensing a few images. They're going to agree to terms, get the image from you, take your invoice and forward it along for payment.

If you were being commissioned for a rate, expenses, usage...yeah, get a contract. There's too much leeway there and you gotta get that stuff on paper in advance. However, that contract could be as simple as an estimate with payment terms and a boilerplate licensing agreement attached and requiring a signature. Making them send you a contract of their devising for something they might commission 10-20 times/month just makes you a headache to work with.

My estimates all have signature blocks at the bottom...I just email them to clients and ask them to sign and fax them back to me to formalize a booking. Repeat clients will end up bypassing that step after we have a relationship.

Jul 31, 2009 at 02:25 AM

jefferies1
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p.1 #7 · Question

I would have been happy with the email agreement. It is clear what is required and how much they will pay.

Jul 31, 2009 at 04:42 PM


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