The Importance of Photo Agreements

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We have updated our photography agreement for provided images, which can be found in ARC in training and documents under the editorial tab. The newly provided image agreement includes an additional section for PR and marketing companies to sign the release for the provided photos of those who have obtained the rights to distribute images for media usage. It is of utmost importance and required to sign a photography agreement for every photo uploaded in ARC for use in our publications and on our social sites.

This agreement protects you as a local team from the legal ramifications of using photos without the correct permissions granted. While this may seem trivial, these lawsuits can cost your team thousands of dollars, for which the local editor and publisher would be held accountable.

Here is a breakdown of the difference between the two agreements:

Freelance Contributor Agreement

All freelance photographers and writers who are part of the City Lifestyle team who contribute to your magazine and are hired through City Lifestyle must sign the Freelance Contributor Agreement. This agreement gives City Lifestyle the full rights to photos and writing to use in any manner and across all platforms, and this content is owned by City Lifestyle for exclusive use in our publications. A Publisher can permit a contributor on a case-by-case basis regarding additional uses by the content creator, but generally, if City Lifestyle contracted for specific work to be created for its use, then City Lifestyle is the sole proprietor of those images.

Provided Photography Agreement

This agreement is to be used when images are provided by outside photographers who are not contracted by City Lifestyle for specific assignments, but who are granting the magazine’s permission to use their pre-existing images. This agreement gives City Lifestyle permission to use those photos in all print publications, digital platforms, and social sites in association with the article that the photos were originally used for. This agreement includes a sub-section where a PR or marketing agency can sign the agreement stating that they have the rights to distribute photos on behalf of a photographer. The important thing to note here is that this is not the same as when a business or individual believes they own the rights to a photo simply because they purchased the photo. In practice, they likely only have access to use those photos for personal use on their platforms. We will still need permission from the original photographer. A professional agency, on the other hand, will likely have acquired rights to the photos to distribute at large across all platforms on behalf of their clients. We are simply requiring that they sign our agreement attesting to this.

It is important to understand to clarify that having access to photos does not mean that someone has the right to distribute them to a third party, even for marketing purposes or if the image is of their likeness.

The photography agreements can be found by going to the Training and Documents tab in ARC. Navigate to the editorial category, select magazine editorial resources, and then select photography. You will see two different agreements here to choose from. These agreements need to be signed by both the photographer and the local editor or publisher.

The easiest way to protect yourself and your magazine is to utilize ARC’s writer and photographer portal. Upon their first time accessing ARC, they will be prompted to sign our freelance agreement before uploading, and that agreement will be recorded and saved.

If you are using provided images and using the provided image agreement, you will want to keep that signed agreement in your publication files for future reference, if ever needed