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Many people have predicted the decline of photography businesses over the last two decades. However, even though nearly every smartphone contains a camera, UK photography companies can achieve profit. Some photography businesses do so by specialising in a particular area. For example, some companies focus on weddings or corporate photography. This article will explore key legal documents that can benefit your UK photography business. As you will see, these documents can ensure your photography company acts lawfully and reduces the risk of legal disputes down the line.
What Documents Will Benefit My Photography Business?
All UK businesses require various legal documents to keep on the right side of the law. Naturally, this is the same for companies offering photography services.
We will explore each document below and consider its potential benefits for your UK photography business.
1. Website Terms of Use Policy
Most photography enterprises generate most of their business through their website. Since there is high competition within the UK online photography market, a clean, attractive website is crucial. However, placing content and photographs on your website increases the risk of individuals copying and using them elsewhere. Therefore, by implementing a website terms of use, your business can place rules on website users.
Whilst the content of website terms of use policies will differ depending on the particular photography business, most will mention the following points:
- your company is not responsible for any malicious software or viruses suffered through the use of the website;
- users are prohibited from copying any content or image from your website without your prior written consent;
- your company can suspend or ban users from using your website; and
- use of the website constitutes automatic acceptance of the rules within the policy.
Such a policy allows your business to take appropriate action if a site user misuses your content. Your company can also take other measures, such as logo-stamping your photographs or seeking to make them harder to copy digitally.
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2. Freelance Agreement
Most photography businesses will experience peaks and troughs in demand throughout the year. As a result, many owners will hire freelance individuals to assist in periods of high demand. Most photography businesses will engage professional photographers through a freelance agreement (also known as an independent contractor agreement).
Whilst much of the content of a freelance agreement will depend on the nature of the photography work, most will confirm the following facts:
- how you will calculate the freelancer’s pay;
- the payment terms covering when the freelancer will be paid (and whether it is dependent on revenue from the end client);
- the primary duties of the freelancer;
- whether they need to provide their equipment and software licences or can use yours;
- whether they own the photographs taken (or, more likely, whether your company owns all pictures taken in exchange for remuneration); and
- any limits on the freelancer’s activities, for example, prohibiting them from handing out their own business cards whilst working for you).
3. Customer Agreement
It is always a good idea to write critical details of a legal arrangement with a customer. A customer agreement (also known as a photography contract) usually contains these details. This document forms the main contract between your photography business and the end client.
Let us say that your company has agreed to cover a wedding day. The customer agreement would likely seek to cover the following elements:
- the coverage period covered, such as just the wedding itself or inclusive of make-up and the reception;
- the level of fees and dates for payment of any deposit or pre-payment;
- what the wedding package includes, such as printed photographs, wedding albums and digital photographs; and
- whether your company can use the pictures in advertising for the business in future or not (and whether the intellectual property will transfer upon payment).
Key Takeaways
Whilst every photography business owner wishes to focus on bookings and encouraging future business, these three documents can help your company achieve this. Naturally, your business will benefit from fewer individuals copying copyrighted images from your website without consent and the ability to hire freelancers and avoid legal disputes with customers. For this reason, many photography business owners ask expert lawyers to draft documents for their businesses.
If you need help drafting legal documents to aid your photography business, our experienced business lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
Freelance Agreements are popular because of the unpredictability of demand each year. Many photography enterprise owners can speak to some years having unprecedented demand whilst the next has much less. Naturally, the recent COVID-19 pandemic was an extremely low-demand period for most businesses.
Because retaining the intellectual property ownership of photographs will enable your company to have usage rights for advertising purposes on your website. Additionally, any clause stating that intellectual property will only transfer upon full payment will allow your company to withhold the photographs until receipt of payment.
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