What are contracts like for staff photographers at magazines?

April 5, 2009 6:29 PM

What are the contracts like for staff photographers at magazines (for example, those at the New Yorker or Vogue)? Specifically regarding exclusivity, and with respect to productivity, rights to images, profits made from selling images, term limits.

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posted by unknowncommand to Work & Money (4 answers total)

Do you mean the contracts that freelancers sign upon accepting assignments, or those signed by actual "staff photographers"?

I ask because magazine staff photographers are very rare birds. The vast majority of the photographs you see on the editorial side of nearly all magazines are shot by freelancers.

In some cases they may be referred to as "contract photographers" who, while still not actually on the staff, have signed contracts for, say. "X" number of days annually of work for the publication.
posted by imjustsaying at 3:17 AM on April 6, 2009

Response by poster: Actual staff photographers, not freelancers or contract work.
posted by unknowncommand at 8:56 AM on April 6, 2009

I've only ever seen one contract for a staff magazine position in the last 15 years. That one included a "work for hire" clause, and that clause was non-negotiable.

I am not a lawyer, but as you may know, when you sign off on a work for hire clause, you give up all rights to anything you create under the contract; including the right to exhibit your own creations in your own portfolio and your copyright.

I don't remember whether the contract I saw applied to only those photographs taken by a photographer on assignments for the magazine, or to every photograph the photographer took under any circumstances.

Some years ago I believe that Editorial Photographers had a number of contracts on their web site, but you may have to join to see them if they're still there.
posted by imjustsaying at 9:40 AM on April 6, 2009

A lot of the publishers have in-house studios - if you're working there, it will definitely be work-for-hire. In any event, the kinds of things you would shoot in-house are not necessarily going to be able to be sold later, since they tend to be more product-oriented.

Photograph rights are now considered 'assets' by companies, so they want to own as many as possible.

You could always just ask for contracts from some of the studios... call Conde Nast digital studio, Time Inc digital studio, Meredith + Hearst both have digital studios. Don't be afraid to just ask for a copy of the contract.

If you're signing up to be a staff photographer, then you've probably shot a fair amount before - ask your photo editor contacts if they have access to any of these.
posted by infinitefloatingbrains at 10:07 AM on April 6, 2009