Hi. I was recently hired by a local magazine to do two shoots, both events, and I am now facing an issue with the magazine over the contract. As I was called up at the last minute for this shoot, I was told over the phone the time and place to shoot and what my payment would be. I accepted and did the shoot. Two days later I put some of the images that I took up on my portfolio and I then get a phone call from the magazine saying that I'm not authorized to put the images on my website as the magazine "owns" my photos. I told them that as a photographer, I own the copyrights and I can use them for my own portfolio if I so wish. I told them that I have not seen nor signed any contract so as far as I'm concerned, I can do what I want with my work.
So a day later, the contract arrives and I'm also heading into my second shoot for this magazine. Very simple work. Walk around the event, take photos of the people, and take down names of those that I shot. When I finally take a look at the contract I'm shocked. It says that any photo that I take for the magazine, belongs to the company and that they have full rights to do what they wish, including using my photos for worldwide usage. All of this for such little money. It also goes on to say that I give up my rights to my work, that I have to keep confidential whom I'm working for and that if for some reason they don't use my work within 90 days, they will only pay me 50% of the fee. As it is, they don't pay until two months later. I was also told that I'm not allowed to engage in conversation with the guests at the events as I'm strictly there to shoot and nothing else.
As I don't agree with this contract nor have I signed it, I have told the magazine that I want my full payment up front before I give over the images from the previous shoot. The editor then emails me to say that I'm being very unprofessional and that it's just to bad if I don't like the contract as that is what they have been using for years and they won't change it. I mean where are my rights in this? It's my work and if I freely give it over, I may not get paid at all.
Any other pros out there can help to give advice? Do I just give in and hand over the images or do I stand my ground and demand payment for the services that I provided? As it is, my invoice states payment within 7 days which they don't agree to. It just seems unprofessional the way it is being handled as the contract was never given before I had begun my first shoot. Had I seen it, I would have not worked for them in the firstplace.
Thanks for any help....
So a day later, the contract arrives and I'm also heading into my second shoot for this magazine. Very simple work. Walk around the event, take photos of the people, and take down names of those that I shot. When I finally take a look at the contract I'm shocked. It says that any photo that I take for the magazine, belongs to the company and that they have full rights to do what they wish, including using my photos for worldwide usage. All of this for such little money. It also goes on to say that I give up my rights to my work, that I have to keep confidential whom I'm working for and that if for some reason they don't use my work within 90 days, they will only pay me 50% of the fee. As it is, they don't pay until two months later. I was also told that I'm not allowed to engage in conversation with the guests at the events as I'm strictly there to shoot and nothing else.
As I don't agree with this contract nor have I signed it, I have told the magazine that I want my full payment up front before I give over the images from the previous shoot. The editor then emails me to say that I'm being very unprofessional and that it's just to bad if I don't like the contract as that is what they have been using for years and they won't change it. I mean where are my rights in this? It's my work and if I freely give it over, I may not get paid at all.
Any other pros out there can help to give advice? Do I just give in and hand over the images or do I stand my ground and demand payment for the services that I provided? As it is, my invoice states payment within 7 days which they don't agree to. It just seems unprofessional the way it is being handled as the contract was never given before I had begun my first shoot. Had I seen it, I would have not worked for them in the firstplace.
Thanks for any help....