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By Root 4187 0

needed, rights demanded, prices paid, and numerous other seemingly egregious demands by publishers. In the end, there are far more disagreements—many of them public—over rights grabs and low-paying publications. Yet, a contract is defined as a "meeting of the minds." It is an agreement between two (or more) parties who have a transaction they wish to make to either do (or not do) something. Examples of the "not to do" things would include farmers paid by the government not to farm a particular crop on their land, or an agreement not to disclose where (or how) a photograph was made or that it was ever made at all (often called a non-disclosure agreement).

When you are entering into a contract, it is important that you not only understand what the contract says you and the other party or parties will do (for example, "I will take photos for you" and "When I receive the photos you made for me, I will pay you"), but also that you understand what each of you will not do. If the contract specifies that you agree to embargo photos for 90 days from the date of publication, then you must not allow them to be published during that term. If the contract specifies that the client must pay you on receipt of the images (as opposed to paying upon publication) and that they cannot use the photos again without additional compensation to you, then they must pay upon receipt and not use the photos again without compensating you.

The contract often spells out what happens in these cases. When you are contacted by a publication, they might attempt to send you their contract. That's like you presenting your own contract to the mechanic who's going to work on your car or a lab that is going to process your film. In both cases, the mechanic and lab will most likely refuse the contract. They have their own paperwork, and they feel protected when you sign it so they can do the work you need. You, too, should be the one sending out the contract.

Further, as you begin to negotiate contracts, you must understand what you're negotiating. If you don't understand what a package of rights is or the extent to which you are granting rights, then you need to know these things—and their ramifications—before you agree to them.

"We'll Send Along Some Paperwork": Why You Should Be the First to Send the Contract

You should be sending the contract simply because it's easier for you to agree to negotiated changes in your contract than it is to amend, delete, and otherwise revise the client's contract, which is no doubt geared toward the client and written under the laws of the state in which the company is based. Because the work is being performed by you, and you were solicited in your state, and often the work is in your state, not only is your contract language the most likely to hold up in your state, but you also won't be subject to the laws of a state with which you're not familiar, nor would you have to travel there to litigate a dispute if one should arise.

As a conversation is concluding about my availability, fees/expenses, and the creative aspects of the assignment, the first thing I do is state, "Okay, let me put together some numbers, and we'll send along some paperwork for you to review. Let me know if you have any questions, and I look forward to working with you on this assignment!" It's an upbeat and positive conversation, and it's a way to wind down the conversation. On occasion, they might say they have an assignment sheet they need to send or some other paperwork of theirs. Often it's just their standard assignment sheet, not a contract, and it might be a W-9 form for me to complete. In some instances, it's their "standard" contract. I'll review it to see what they're thinking, but rarely do I sign it. They've sent me their contract as a set of "proposed" terms under which I might consider working. I instead send along my standard contract, with terms under which I am going to be most comfortable working.

There are cases where what they've sent includes objectionable terms, such as:

Photographer agrees that this assignment is "work