This document is a series of slides by Richard Kelly on creating value as a photographer through essential business tools. It discusses the importance of estimates, contracts, invoices, terms and conditions, model releases, and copyright registration. Key points include outlining the scope of work, payment terms, licensing and usage rights in estimates to set clear expectations with clients. Contracts should define the project and include terms like licensing, payment schedules and copyright ownership. Model releases protect the photographer from legal issues by obtaining permission to use images. And copyright registration, while not required, provides additional legal protections and benefits for photographers.

1. the phone rings,
now what?
Richard Kelly
Friday, March 7, 14

2. A ME R I C A N
SOCIETY
OF
MEDIA
P H O T O GRAP H ERS
Richard Kelly
Photographer & Educator - ASMP past president
@richardkellypho
kelly@asmp.org
richard kelly lectures on Facebook
Friday, March 7, 14

3. http://bit.ly/1hQkZ0O
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4. professionals
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6. cover photo © Michael Cooper
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25. Friday, March 7, 14

26. “
what
makes you
different?
”
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27. “i s i t y o u r
price?
”
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28. “o u r
y
trendy
style?
”
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29. “o u r v a l u e
y
proposition?
”
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30. “
… be able to articulate
exactly what your value
proposition is.
Peter Krogh • ASMP Strictly Business Blog • October 2012
”
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31. “
… be able to articulate
exactly what your value
proposition is.
Peter Krogh • ASMP Strictly Business Blog • October 2012
”
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32. “
… be able to articulate
exactly what your value
proposition is.
Peter Krogh • ASMP Strictly Business Blog • October 2012
”
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33. “
there are no small
decisions in filmmaking
Sidney Lumet, Director • Making Movies • Vintage 1996
”
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34. “
there are no small
decisions in filmmaking
Sidney Lumet, Director • Making Movies • Vintage 1996
”
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35. “
there are no small
decisions in photography
”
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36. “ is your
where
confidence?
”
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37. artistic vision
planning
financial
marketing
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38. business advisors
team building
production team
accountability
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39. ...instills confidence
... use contracts
...has liability insurance
professionals
...gets model releases
...registers my copyrights
...adds production value
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40. estimate
invoices
contracts
terms & conditions
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41. c rea ti ng
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val ue :
e sse n tial
tool s

42. estimate
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43. Bid or Estimate
what is the scope ?
terms and conditions
License / usage / ©
exclusivity / portfolio use
advance & payment terms
weather and cancellations
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44. terms & conditions
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45. c rea ti ng
val ue :
e sse n tial
tool s
Text
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46. c rea ti ng
val ue :
e sse n tial
tool s
Terms & Conditions
AGREEMENT- This agreement between the undersigned photographer (hereafter “Photographer”}
and the undersigned client, (hereafter “Client”) governs the assignment described in the
accompanying cost estimate, and along with these Terms & Conditions, constitutes the entire
agreement between the parties concerning that assignment.
ESTIMATES/BIDS- The fees quoted by the Photographer are for the original job description as
presented by the Client. Any subsequent changes whether made orally or in writing, may result in
additional charges. The accompanying quote is a good faith estimate of the time and expenses the
Photographer anticipates. The Client understands and agrees that the Photographer will bill for actual
time and expenses incurred, which may be greater than that which was quoted.
DEFINITIONS- “Publicity” use is when the Client submits photographs to an outside publication
(whether print or electronically) for editorial use and the Client(or their client) is not paying for that
use. “Advertising” use is when the Client (or their client) is paying for the placement of a photograph
in whatever media it appears, such as in a newspaper, magazine, billboard,or web site. “Collateral”
use is when the photographs appear in a publication that the Client produces, such as a magazine,
annual report, brochure, pamphlet, poster or web site and whose audience is employees, customers,
shareholders, or the general public. “Personal Display” use is when a photographic print is hung in a
home or office and will not be seen by the general public. “Commercial Display” use is when a
photograph is hung in a public place.
PAYMENT- Advance payment may be required to initiate production. Client shall make final payment
within 30 days of invoice. Late payments will be billed a $20.00 / month handling fee and 1.5% /
month interest. Please make checks payable to INDIGO FACTORY, INC.
COPYRIGHT- Grant of any reproduction rights to the Client is conditioned upon receipt of full
payment in full. All rights not expressly granted shall be reserved by the Photographer. Modification of
Photograph(s) and/or incorporation of Photograph(s) in any layout or concept shall not constitute a
joint work.
ADDITIONAL USE- If Client wishes to make any additional uses of the photographs not covered in
the initial agreement, Client shall obtain permission from the Photographer and pay an additional fee
to be agreed upon.
CANCELLATIONS,POSTPONEMENTS- In the event of a cancellation or postponement of a shoot by
the Client or subject, Client shall pay all expenses incurred by the Photographer up to the time of
cancellation, plus a fee to be agreed upon. If a shoot is canceled within 24 hours of departure for the
shoot, Client shall also pay 50% of the anticipated photographic fee and 100% of the anticipated fees
of any subcontractors booked for the job.
CLIENT REPRESENTATION- The Client is responsible for the presence of an authorized
representative at the shoot to approve the Photographer’s interpretation of the assignment. If a Client
representative is not present, the Photographer’s interpretation shall be deemed acceptable.
AUTHORSHIP CREDIT- A credit in the name of the Richard Kelly Photography shall accompany his
photographs whenever practical.
INDEMNIFICATION- Client hereby indemnifies and holds the Photographer harmless against any
and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Client’s use
of Photographer’s work. The Photographer similarly indemnifies and holds Client harmless against ant
and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from
Photographer/s negligence.
TURN AROUND TIME- Normal Schedule for web photo gallery or processed files is 96 hours plus any
retouching. There will be an additional charge fro rush service, plus retouching time.
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47. c rea ti ng
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val ue :
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48. definitions
indemnification clause
often referred to as a HOLD HARMLESS clause
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49. definitions
jurisdiction
where & how any disputes will be handled.
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50. invoice
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51. c rea ti ng
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val ue :
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52. c rea ti ng
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val ue :
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53. c rea ti ng
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val ue :
e sse n tial
tool s

54. c rea ti ng
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55. wedding contract
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56. spell out the participants, venues & contact info (who is paying)
services provided > for what fees
terms and conditions
© > who owns what
photographers use of pictures
retainer & refunds
failure to perform
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57. definitions
limiting liability
<instills confidence>
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58. change orders
purchase orders
other paperwork
pricing schedules
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59. liability insurance
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60. model releases
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61. c rea ti ng
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val ue :
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62. model releases
piece of mind
Sentence / Statement
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63. model releases
rights of privacy
Sentence / Statement
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64. model releases
… can I capture a moment?
Sentence / Statement
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65. model releases
... what I can do with picture?
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66. model releases
things have changed…
Sentence / Statement
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67. model releases
legal considerations
person must be recognizable
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68. model releases
property
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69. model releases
property not just real estate
pets, personal artifacts...
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70. model releases
trademarks
exclusive right to a mark or symbol
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71. c rea ti ng
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val ue :
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72. c rea ti ng
val ue :
e sse n tial
tool s
© Richard Dale Kelly
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73. c rea ti ng
val ue :
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http://www.istockphoto.com/tutorial_copyright_list.php
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74. model releases
anatomy of a release
risk assessment • start a conversation and gather contact
information
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75. c rea ti ng
val ue :
e sse n tial
tool s
In consideration of my engagement as a model, and for other good and valuable consideration herein
acknowledged as received, I hereby grant the following rights and permissions to ("Photographer"), his heirs,
legal representatives, and assigns, those for whom Photographer is acting, and those acting with his authority
and permission. They have the irrevocable, perpetual and unrestricted right and permission to take, use, re-use,
publish, republish, transmit and display photographic portraits or pictures, still or moving, of me or in which I
may be included, in whole or in part, or composite or distorted in character or form, without restriction as to
changes or alterations, in conjunction with my own or a fictitious name, or reproductions thereof in color or
otherwise, made through any medium at his studios or elsewhere, and in any and all media now or hereafter
known, specifically including but not limited to print media and distribution over the internet for illustration,
promotion, art, editorial, advertising, trade, or any other purpose whatsoever. I specifically consent to the digital
compositing or distortion of the images, including without restriction any changes or alterations as to color, size,
shape, perspective, context, foreground or background. I also consent to the use of any published matter in
conjunction with such images. I hereby waive any right that I may have to inspect or approve the finished
product or products and the advertising copy or other matter that may be used in connection with them or the
use to which they may be applied. I hereby release, discharge, and agree to hold harmless Photographer, his
heirs, legal representatives, and assigns, and all persons acting under his permission or authority or those for
whom he is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in
composite form, whether intentional or otherwise, that may occur or be produced in the making of such images
or in any subsequent processing of them, as well as any publication of them, including without limitation any
claims for libel or violation of any right of publicity or privacy. I hereby warrant that I am of full age and have the
right to contract in my own name. I have read the above authorization, release, and agreement, prior to its
execution, and I am fully familiar with the contents of this document. This document shall be binding upon me
and my heirs, legal representatives, and assigns.
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76. model releases
make reasonable requests
start a conversation
get contact data
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77. c rea ti ng
Friday, March 7, 14
val ue :
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78. model releases
permissions can be specific
•sensitive issues
•minors
•digital manipulation
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79. c rea ti ng
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80. copyright registration
copyright act of 1976
United States Constitution Article 1, Section 8, Clause 8
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81. “
“The Congress shall have Power...
To promote the Progress of Science and useful Arts, by
securing for limited tıme(s) to Authors and Inventors
the exclusive Right to their respective Writings and
Discoveries.”
United States Constitution, Article I, Section 8
”
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82. “
“The primary objective of copyright is not to reward
the labor of authors, but "[t]o promote the Progress of
Science and useful Arts." To this end, copyright assures
authors the right in their original expression, but
encourages others to build freely upon the ideas and
information conveyed by a work.”
Feist Publication, Inc. v. Rural Telephone Service Co., 499 U.S. 340, 349-50 (1991)
”
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83. Keyword, List Word
Keyword, List Word
to reproduce your work
copyright act of
1976
to modify your work
to distribute
Keyword, List Word
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84. copyright registration
copyright act of 1976
Registration is no longer necessary to obtain the
copyright to a work.
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85. copyright registration
copyright act of 1976
Registration is required to receive the fullest protection of
the law. Including Statutory Damages and Attorneys fees
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86. copyright registration
Berne converntion 1989
• brought the united states in alignment with the world
• eliminates published works requirement © notice
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87. copyright registration
you create it = you own it
• exceptions : copyright transfer
• exceptions : work made for hire : contract
• exceptions : work made for hire : employee
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88. copyright registration
license = permission
• exceptions : copyright transfer
• exceptions : work made for hire : contract
• exceptions : work made for hire : employee
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89. copyright registration
infringement
unauthorized use
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90. copyright registration
fair use
unauthorized use
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91. scholarship
research
fair use
parody
criticism
to news reporting
education
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92. copyright registration
d.m.c.a
• safe harbor
• take down notices
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93. copyright registration
registration requirements
• work is original
• you have not signed away your copyrights
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94. copyright registration
registration requirements
• application
• payment
• deposit requirement
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95. copyright registration
registration requirements
published and unpublished have to be registered separately
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96. your web site
your blog
published
social media sites
news papers
magazines
print ads
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97. printed portfolio
un-published
wedding albums
password / web gallery
magazines
public exhibition ?
print ads
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98. copyright registration
registration requirements
must register before infringement
3 month exception for published works
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99. ASMP Best Practices
register before publication
register before work is delievered to client
register before posting to online web & social media
register as unpublished
use the electronic copyright office • eCo
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100. c rea ti ng
Friday, March 7, 14
val ue :
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101. production value
smoke & mirrors
your special sauce : )
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102. SL I D E
Friday, March 7, 14
F OOT E R
(ALL
CAP S )