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You And The Law
GET IT IN WRITING A verbal agreement is usually enforceable--if you can prove it. Nowadays, however, with faxes and e-mail, there's little excuse for not getting your agreement in writing. When shooting commercial stock photography, you may encounter situations that might end up in litigation. Be prepared. To protect your rights during a photography project, leave a paper trail. Important points to establish include determining who is responsible for decision-making, for payment procedures, and for change orders. Get that party to "sign off" on all matters involving creativity or funding, or anything else material, and to acknowledge his or her authority in writing. On some shoots, you may sense or anticipate problems. Resolve them first in writing and get someone on the set with appropriate authority to initial it. A proper paper trail should also include accurate licensing rights. For instance, define the terms (i.e. "buyout") before you sign the contract: Are you giving up use of the image for merchandising? Stock? Copyright transfer? Specific geographic areas? You should spell out the terms in simple language. I always try to avoid complicated legalese; so should you.
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