The sample contracts below were provided by Vancouver photographer Christopher Morris. They are based on the Editorial Photographers’ contracts and have been reviewed by a Canadian copyright lawyer to ensure they include the language required to protect photographers’ rights under Canadian Copyright Law. Please update or modify them based on your own personal needs before sending them to a client. These sample contracts are provided for educational purposes only and it is your responsibility to ensure the agreement meets the requirements of the law within your province.
Assignment Photography Contract
It is essential that Canadian photographers obtain a written agreement whenever they are assigned to produce a photograph. This is important because of a little known section of the Canadian Copyright Act which states:
Ownership of copyright
13. (2) Where, in the case of an engraving, photograph or portrait, the plate or other original was ordered by some other person and was made for valuable consideration, and the consideration was paid, in pursuance of that order, in the absence of any agreement to the contrary, the person by whom the plate or other original was ordered shall be the first owner of the copyright.
What does this mean? It means if a client hires you to do a job, and they pay you for that job, they own the copyright to your images unless you have an agreement stating otherwise! Case closed, no argument, it’s that simple. Prior to July 1, 1998 they didn’t even have to pay you to own the copyright. All they had to do was commission the work. A verbal agreement might hold up in court, but it can be next to impossible to provide evidence of that agreement. So if you want to retain the rights to your images… GET IT IN WRITING!
You can discuss Canadian Copyright with other photographers on the Canadian photography forums.
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