Editorial Work: Who provides the contract?

[jukas]

I missed a good editorial situation the other day, that I probably could have sold several images from to the local newspaper, however it got me wondering, in this type of situation who usually provides the contract (or is one even used, do you instead go for a simple invoice?)

If the contact is usually provided by the photographer, can anyone link or send me a sample one?

[IndyJeff]

A lot depends on what the circumstances are. If you happen across some newsworthy event and want to submit then a contract is usually not SOP. One thing you could do is contact the paper ahead of time hash out all the details, i.e. pricing, payment schedule, photo credit etc and then draw up a contract that wpuld be good for a year, renewable each year.

Now if it is something where they call you and ask if you can go cover an event, I would want a contract stating how much I would be paid and what is expected from me.

[jukas]

If you happen across some newsworthy event and want to submit then a contract is usually not SOP.

That's exactly what it would have been. I'm curious if you don't use a contract then how are things like useage rights, photo credits and fees handled?

[tim]

I had a photo of a fire published in the paper a month or so back. I called them up, they said their standard price was NZ$80 (about US$60), and made no mention of anything else. I sent them an invoice stating the payment was for a single use of the image, and that copyright stayed with me, and by paying the invoice they're implicitly agreeing to it.

Unless it's an incredible photo or of something extremely newsworthy or perhaps of a celebrity they have all the power, really.

[IndyJeff]

That's exactly what it would have been. I'm curious if you don't use a contract then how are things like useage rights, photo credits and fees handled?


Jukas when I submit on spec it is usually to someone I have worked with before and all that was verbally agreed on way back when. Probably not a good idea on my part but, that is the way it has worked so far.

Now one of those place I submitted too sent me a check for $7 for a podium shot of a local wrestler. Usually I got between $20-$35 for a shot from them, it is a very small publication.
I called and asked the editor what the deal was and he said that was all they could pay. I didn't tell him but, I won't be submitting anything else to them and if they call me for something they will be paying an assignment rate of $125 from now on. If I am already there and they want something, my price is now a minimum of $65 per shot.

[w10d]

It may well pay you to join a professional photography association in your country - advice on the net tends to come from all over the place & laws & business practices vary a lot. A Pro organisation will (hopefully) be able to give you examples of contracts, copyright notices, etc, all of which have been checked by a lawyer. For example, you might include a statement on an invoice saying that rights are only granted when payment has been made in full. Nobody will take any notice, but if they're late paying, they may be more concerned when they realise they're now also in breech of copyright.

HTH.