These documents will save you time and help you avoid extra costs with lawyers.
We often get asked about a very particular issue – how a designer (or any other freelancer) should prepare a contract for their client if he or she has used stock photographs, graphics or video files as part of their work.
We didn’t just come up with an answer but also put together a contract template which will save you lots of time and help you avoid the extra costs on legal advice. Here are the documents that we have prepared and have proofread together with our lawyers. This contract takes into account international legislation on protection of copyrights.
All that’s left to do is to add your details to the templates – your name and last name, client details, the date of the contract and other specifications particular to your deal. Using stock photography doesn’t actually require additional contracts. In fact, this is one of the reasons why the stock photography market is growing every year.
Remember that you are passing on your new and original work. Your work is just a derivative of the images on the photobank, and you are the sole owner of the poster, website, banner, etc. You are transferring a license for the use of this one new and unique work. The license for the use of the stock file is entirely yours and there is no need to transfer it to the client. An additional contract is just another reassuring piece of paper. This is especially true if you live and work in a country with a slightly questionable judicial system.
The components of this agreement:
- The work transfer procedure from the designer to the client is eloquently written, with limitations of both parties clearly stated
- The responsibility of the client in regards to the forbidden use of works is defined and the designer is free from the possibility of complaints from third parties
- There is a section about the designer’s earnings, conditions and terms of payment
- A copy of the work sold (a screenshot) as an attachment to the contract
For this document to be effective with the international jurisdiction, it is advised to sign it in English and the language that is particular to your country.