An independent reference on the legal and business basics of creative work. It is not legal advice, a photography school or an agency, and it is not connected with the former project on this domain. For your specific situation, consult a lawyer.

Documents

Documents and procedures

A creative commission rests on a few documents. Each answers its own question: what needs to be done, who uses the result and how, whether the person in the frame agrees, and whether the work has been accepted. If one of these questions is left unanswered, that is usually exactly where a dispute starts.

Documents are not a sign of distrust. They spare everyone from having to remember who promised what.

— Editor's note

Below is a general summary of the rules of the Russian Civil Code plus practical tips. Rules on copyright and image rights differ by country — check your local law or a local lawyer. We do not publish ready-made templates: wording for a specific commission is best left to a lawyer.

Document — purpose — what to check

DocumentPurposeWhat to check
Photo shoot contractFixes the brief, deadlines, payment terms and the final resultDescription of the brief, number of frames and edits, delivery deadlines, payment stages, rescheduling and cancellation terms
Licence agreementAllows the client to use the work while the author remains the rights holderWays of use, territory, term, whether the author may license the work to others; written form
Agreement on assignment of the exclusive rightTransfers the exclusive right in the work to the acquirer in fullWhat exactly is transferred, the fee, whether the author may still show the work in a portfolio; written form
Consent to use a person's imageConfirms that the person in the frame has allowed their image to be published and usedWhich photos, where and for what purpose they are used, for how long; the person's signature and details
Acceptance certificateRecords that the work has been delivered and acceptedList of files delivered, date, whether there are any comments, signatures of both parties

How to get consent from a person in the frame

  1. Explain the purpose of the shoot

    Before you start, explain where and why the photos will be used: a personal archive, a portfolio, a publication, advertising. The person agrees to specific purposes, not to anything at all.

  2. Write down the terms

    State which photos the consent covers, how and where they may be used, for how long, and whether the images may be passed to third parties, such as the client.

  3. Get a signature

    Written, signed consent is easier to prove than a verbal one. If the person poses for payment, record this in the document: the condition is expressly mentioned in article 152.1 of the Russian Civil Code.

  4. Keep the document with the archive

    Store the consent alongside the original files from the shoot, so that when you reuse the photos you can immediately see what is allowed.

Written form

Article 1235 point 2 of the Russian Civil Code requires a licence agreement to be in writing unless the Code provides otherwise, and article 1234 point 2 requires the same for an agreement on assignment of the exclusive right.

In practice, this means that a line like "I let him use the photos" in a messenger chat is weak support. It is better to sign one document that states plainly what is transferred and on what terms.

  • Guides

    Step-by-step notes: a photo shoot contract, consent to use a person's image, a licence for a photo, and what to do if your work was used without asking.

  • Examples

    Hypothetical situations from creative practice: a client wants all rights, a photo turns up on someone else's site, a person in the frame objects.

  • Glossary

    Key terms: copyright and exclusive right, licence, assignment, rights holder, making public, free use, original file and acceptance certificate.

  • Questions

    Short answers to common questions about rights to your work, commissions and payment, people in the frame and shooting in public places.

Sources

  • Russian Civil Code, articles 152.1, 1234, 1235, 1259, 1276

This summary is based on the Russian Civil Code. Article wording changes over time, so check each rule against the official text, check current conditions with your country's tax authority, and take a real dispute to a lawyer. Copyright and image rights differ by country — check your local law or a local lawyer.