Ultimate Legal Guide

TERMS & DEFINITIONS

Arbitration: An alternate form of resolving disputes where all parties agree to have the case heard by an arbitrator (qualified neutral third-party individual/panel) outside the court system.

Commercial photography: Any photograph created where the final use is for a business or publication.

Contract: A written or spoken agreement, especially one concerning employment, sales, or tenancy, that is intended to be enforceable by law. See also: FAQ: Photography Contracts

Contract Provision: A contract provision is a clause or stipulation within a contract that modifies, clarifies, or limits rights or obligations to parties of the agreement. Example: Delivery schedule of photographs to client.

Copyright: Copyright is a form of protection based in the U.S. Constitution and granted by law for original works of authorship in tangible medium of expression. Copyright covers both published and unpublished works. Copyright applies to photography, music, and tangible items. Does not apply to symbols, logos, words, etc - see Trademark.

Deposit: A payment made by a buyer to show good faith that they intend to complete their end of the transaction. See also: Why photographers should use "deposit" or "retainer"

Force Majeure: A contract provision that excuses a party from not performing contractual obligations that become impossible or impracticable due to an event or effect that the parties could not have anticipated or controlled.

Jurisdiction and Venue: Contract provision outlining which state's (or country's) courts have legal authority to make decisions and take action on legal issues as well as the specific geographic location (what county in the state) where disputes would be handled. Typically this would be the state and county where the photographer's business is based.

Model Release: A document used by photographers that is signed by all subjects (or a parent/legal guardian of minor children) being photographed which allows the photographer to publish or use the photos as stated or outlined in the release. This usage normally includes sharing online, marketing, advertising, in the photographer's portfolio, and other commercial use as well as releasing any claims the subjects/models might have to future payment or compensation for use of the photos. See also: Understanding model releases: What they are & why you need to use them

Personal use: Generally means that someone can use the images from their portrait session for their own enjoyment. This includes but is not limited to non-commercial use such as displaying photos in their home or office and sharing on their personal social media accounts. This does not include submitting to publications or contests, using the photos commercially to promote a business, organization, or person.

Photography license: A legal document used when a photographer licenses rights to use their work to another party. These agreement do not transfer copyright of work.

Portrait (personal) photography: Any photograph created where the final use is intended for use by an individual or group personally. Not intended for commercial use.

Print Release: A legal document photographers use to grant permission for clients to reproduce and share digital images from their portrait photography session as prints or other print products for their personal use, including using the images on their personal social media accounts. This does not allow commercial use of the images. Photographer retains copyright.

Retainer: A fee paid in advance to someone in order to secure or keep their services when required. See also: Why photographers should use "deposit" or "retainer"

Trademark: A source indicator for a brand, service, or company. This could include a symbol, word, or words legally registered or established by use as representing a company or product. This is not a tangible work - see Copyright.

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