1) Insurance

Most professional photographers will have full liability insurance cover for commercial work but it is certainly worth checking with them how much this is for and that it is all up to date before you decide to hire them. Large businesses and most public sector companies require the cover to be at least £5 million for liability.

2) Contracts

A photography contract protects everyone from unexpected surprises as it allows you to understand in detail what you can anticipate from the photographer’s services and exactly what they expect from you. A contract can be provided by either side as long as both sides agree.

A good contract should include:

• The anticipated start date of the contract or shoot date

• A summary of what each party will deliver: what will be delivered and when by the photographer; the financial total, and payment schedule

• A cancellation policy

• Copyright ownership and transfer of use rights (permission to use the photographs for a fixed length of time is most common in commercial photography)

• Details of property and model releases required

• Liability limitations

• Post-production, editing, file format, and expected turnaround time

• Any extra fees

3) Photography brief

Create a really clear brief. Photographers are amazing in many ways but telepathy is not one of our superpowers. A good creative brief can save everyone a lot of time and ensure you get the very best out of your marketing budget. Outlining and giving as much information to your photographer on the brand, your buyer personas, target audience, project goals, and USP is invaluable. You get bonus points for including visuals (we are photographers after all).

I have created a detailed explanation of what to include in each section and a free photography brief template to help you out and get you started with this.

4) Model releases for commercial publication

A model release is a written form of permission allowing you to publish a person’s image online and in marketing materials without the worry of liability and licensing claims that may arise down the road. 

Model releases are not just for ‘models’.  Anyone who can be identified in photography used for commercial purposes should be asked for, and give, express written permission by way of filling in a model release form. Yes, that includes happy customers, passers-by in the public domain, your staff, and even your own family members.

Model releases are also needed to use a recognisable part of the person being photographed. (For example a tattoo, a scar, or even a silhouette of someone if they have a recognisable stance or posture.)

Property releases may be required from a property owner if land or property is recognisable in the photography.

Unfortunately, putting a post on social media and sticking signage up to tell people that photography is taking place is not enough; although it is a good idea to make people aware of what is going on on the day.

5) Child models

If you are paying professional child models from a modelling agency to be in the photographs, take into consideration that you will need a chaperone to be available and extra time before the shoot to acquire a performance licence approved by the council where the child resides, even if the work is out of school hours.

Every council seems to be different in how they handle these requests but in my experience, the turnaround time is never less than a fortnight and the paperwork and evidence required can be extensive. For more information on child employment permits see here: https://www.gov.uk/child-employment/restrictions-on-child-employment

Please be aware that the information provided by this blog is subject to change. We recommend that you do not take any information held within as a definitive guide to the law or the relevant matter being discussed. You are advised to seek legal or professional advice where necessary rather than relying on the content supplied by the author of this blog.

Due to the nature of the matters discussed on this blog, the information contained within it and any pages linked to it are clearly subject to change, without warning. The law, regulations and other forms of legal governance are constantly changing and adapting to meet the needs of the modern world and it is impossible to comprehensively detail the nature of such within the confines of a blog in a concise, up-to-date manner.

Let me know in the comments below if you have any questions about the free photography brief template.