Photography Agreement (England & Wales)

Overview

A photography agreement governs a commercial engagement between a client and a photographer for a photoshoot — commercial product photography, corporate headshots, events, or private occasions such as weddings and family portraits. English law treats two distinct questions separately, and this template addresses both: who owns the copyright in the images, and who controls whether and how they are published. Ownership of copyright: under the Copyright, Designs and Patents Act 1988 (CDPA), copyright in a photograph vests automatically in the photographer as its author (s.11(1)), unless the photographer is an employee taking the photos in the course of their employment (s.11(2)) — not the case for a freelance photographer engaged by a client. This means that, by default, a client who commissions and pays for a photoshoot does not automatically own the copyright in the resulting images; the photographer retains copyright unless it is expressly assigned in writing and signed, as required by s.90(3) CDPA. Many photographers deliberately retain copyright and instead grant the client a usage licence, since retaining copyright lets them license the images elsewhere (stock use, portfolio, print sales) — the agreement should state clearly which approach applies. Publication and privacy — the section 85 right: separately from copyright, section 85 CDPA gives a person who commissions photographs (or a film) for private and domestic purposes — the classic examples are wedding photography and family portrait sessions — the right not to have copies of the work issued to the public, exhibited, or shown in public without their consent, even though they may not own copyright in the images. This is a narrow, purpose-specific privacy right: it applies specifically to private and domestic commissions, not to commercial shoots (a business commissioning product photography has no equivalent statutory privacy right — its interest is purely a matter of contract and any usage licence agreed). A photographer who wants to use wedding or family photographs in their portfolio or marketing therefore needs the client's separate consent under s.85, in addition to (or instead of) any copyright position. When to use it: for any commissioned photography — commercial, corporate, event, or private/domestic — where the scope of usage rights and, for private commissions, publication consent need to be clearly agreed in advance. Parties: the Client (commissioning the shoot) and the Photographer. Key clauses: a description of the shoot (date, location, subject matter), the fee and payment terms, a clear statement of who owns copyright (or, if the photographer retains it, the scope of the licence granted to the client), a delivery specification (file formats, resolution, number of edited images), a portfolio/marketing use clause requiring the client's consent for private/domestic commissions in line with s.85 CDPA, and image usage restrictions (commercial reuse, resale, third-party licensing). Mistakes to avoid: assuming that paying for a photoshoot transfers copyright to the client — it does not, unless expressly assigned in writing; conflating copyright ownership with the separate s.85 privacy right that protects a private/domestic client's control over publication even where the photographer owns copyright; and failing to agree portfolio/marketing use terms upfront for a wedding or family shoot, which is one of the most common sources of dispute in this area.

Information to customize

• Client's name

• Client's address

• Photographer's name or business name

• Photographer's address

• Description of the shoot

  Date, location, subject matter, style.

• Type of commission

  Commercial/corporate, or private and domestic (e.g. wedding, family).

• Fee

• Who owns copyright?

  Photographer retains copyright and licenses the client, or copyright is assigned to the client.

• Delivery specification

  E.g. 30 edited high-resolution JPEGs within 4 weeks.

• May the Photographer use images for portfolio/marketing?

• Date of signature

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Frequently asked questions

Does the client own the photos once they've paid the photographer?

Not automatically. Under the Copyright, Designs and Patents Act 1988, the photographer owns copyright by default. Many photographers deliberately retain copyright and grant the client a usage licence instead — the agreement should state clearly which applies.

Can a wedding photographer use the photos in their portfolio without asking?

No, not for a private and domestic commission such as a wedding. Section 85 of the Copyright, Designs and Patents Act 1988 gives the commissioning client a right against the photos being published or shown in public without their consent, even though the photographer owns the copyright. Portfolio use needs the client's separate agreement.

Does the section 85 privacy right apply to commercial photography?

No. Section 85 applies specifically to photographs and films commissioned for private and domestic purposes. A business commissioning commercial or corporate photography has no equivalent statutory privacy right — its position is governed purely by the usage licence agreed in the contract.

What should the agreement say about how many edited images will be delivered?

It should specify the exact number of edited images, the file format and resolution, and the delivery timeframe, to avoid disputes about what the fee actually covers.

Can the client resell or sublicense the images to a third party?

Only if the licence granted by the photographer expressly allows it. Absent that, the client's usage rights are limited to the purposes reasonably contemplated by the agreement, and commercial resale or third-party licensing needs the photographer's separate written consent.

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