The Art of Negotiation: Photography Contracts
THE ART OF NEGOTIATION: THE PHOTOGRAPHY CONTRACT
As a former Chief Marketing Officer, I have negotiated numerous photography contracts, covering everything from product photography to stunning on-location room scenes, headshots, event photography, and more. Initially, I felt frustrated by my lack of control over the contracts, particularly having to pay photographers for the right to use the very images I was hiring them to create. It seemed unjust, and I was often told, "that's just the way it is." That was the norm until I decided to push back, reclaim the copyright on the work, and redefine the usage rights.
If you've engaged a photographer, you may have encountered a common practice where photographers assert ownership of the copyright for images produced under their contracts. They often provide designers with limited Usage Rights, and many will resell those images or license them to stock photography platforms. I've heard designers express frustration when they discover their projects being used elsewhere because the photographer licensed them to a third party.
As a designer, you have the power to change the language in your photography contracts so that you retain copyright ownership, granting the photographer permission to use the images as you see fit.
HOW TO BEGIN
When starting contract discussions with a photographer, begin by obtaining an estimate. If usage rights come up during this conversation, start with basic usage rights. Aim for an estimate that doesn’t include charges for unlimited usage rights.
Once you have the estimate, inform them that you will be sending a contract where copyright and usage terms are non-negotiable for both this and future contracts.
You are hiring and paying them for their time and service. If they adjust their initial estimate to account for what they perceive as lost usage fees, hold them to their original estimate or consider finding another photography partner.
A good photographer will recognize the long-term value of this relationship, seeing repeat jobs as a more sustainable revenue stream than usage rights and image reselling.
Here’s an example of how to apply this language in a photography contract:
INTELLECTUAL PROPERTY AND USAGE
Copyright. (DESIGNER) shall be the sole owner of all copyrights for any work produced under this agreement.
Usage. Unless otherwise explicitly stated in the SOW, (PHOTOGRAPHER) may not use and/or sell the photographs and/or work at any time in any manner without written consent of (DESIGNER). Under the terms of this Agreement, (DESIGNER) maintains the irrevocable right to use the photographs and/or body of work in all forms and in all media and in all manners without any restriction as to changes or altercations, for advertising, website content, social media content, promotion, competition, magazine/editorial, exhibition, or any other lawful purposes. (PHOTOGRAPHER) explicitly waives the right of tort of invasion of privacy due to any reproductions.
Licence to (PHOTOGRAPHER). The only rights that (DESIGNER) shall transfer to (PHOTOGRAPHER) hereunder are those rights specifically described and granted in the SOW. These rights shall only vest in the (PHOTOGRAPHER) and said rights shall not be transferable to any third parties, successors, or assigns of (PHOTOGRAPHER). (PHOTOGRAPHER) shall only have the right to use the photography and/or body of work created under this Agreement with written consent from (DESIGNER) in advance for each use. If the photographs or any work is used outside of having written consent, fees may apply.
(PHOTOGRAPHER) shall not sell any photographs or works from (DESIGNER) contracted shoot unless explicity stated otherwise in the SOW.
In the event that (PHOTOGRAPHER) uses any photograph or permits usage of any photograph or allows its misappropriation by third parties, whether intentional or as a result of negligence, outside of the express scope of this Agreement and any SOW, (PHOTOGRAPHER) shall pay to (DESIGNER) any and all actual damages specifically including but not limited to, (PHOTOGRAPHERS) project gee, lost profit, lost opportunity and a reasonable proportionate allocation of (PHOTOGRAPHER's) profit or economic benefit, or that of third parties who have misused or misappropriated any photography or body of work, derived from said misuse or misappropriation of the photography and/or body of work.
The grant of any rights under this Agreement, including license of use, shall occur only upon full delivery of photographer services agreed to under this Agreement.
While you may have been led to believe that photographers don’t operate this way, many talented professionals do. It’s about finding the right long-term partner who values repeat business over one-time usage fees. A talented photographer like Kristen Mayfield, one of Home Design Guild's partners who specializes in Interior Photography for designers and contractors.
"I believe in a collaborative approach when negotiating contracts with interior designers. My focus is on fostering long-term relationships rather than just the immediate financial gain from usage rights. Being invited into their projects is truly an honor, and I value the end results we can achieve together. Building great relationships and earning referrals means far more to me than getting hung up on who owns a copyright." Kristen Mayfield, a Nashville-based photographer who travels throughout the country on behalf of her clients.
Most importantly, remember: it’s your project!
- You are paying for the photography.
- The work being documented belongs to you.
- You have obtained permission from your client to photograph the project.
Without you and your project, the photographer wouldn’t even have a contract. Recognizing this leverage empowers you to negotiate contracts more effectively.
Written by Jackie Paulsen, Founder, Home Design Guild
