Glossary
Glossary
Contracts for creative work are written in a language rarely heard in a studio. Here are the key terms with short explanations, so that when you read a document you understand what it is about and can ask a precise question. Legal terms and rules differ by country — check your local law or a local lawyer.
A term you understand stops being scary. A term you did not understand is best clarified before you sign.
The definitions are simplified and based on the Russian Civil Code. They help you find your way around a contract but do not replace the articles themselves or a conversation with a lawyer.
Rights
- Copyright
- The author's rights in a work they created, including a photograph or drawing. No registration or other formalities are required for them to arise and be protected.
- Exclusive right
- The right to use a work in any way not prohibited by law and to allow or forbid others to do so. It can be transferred under an assignment agreement or granted for use under a licence.
- Rights holder
- The person who holds the exclusive right. Usually this is the author, but after an assignment agreement the acquirer becomes the rights holder.
- Making public
- An act that makes a work or image available to everyone for the first time, such as publishing a photo. For a person's image, making it public generally requires their consent.
- Free use
- Cases where the law allows a work to be used without the author's consent and without payment. An example is images of architecture and of works permanently located in public places, subject to the conditions of article 1276.
Contracts
- Licence
- Permission to use a work within agreed limits. The author remains the rights holder. A licence agreement must be in writing unless the Code provides otherwise.
- Assignment
- Transfer of the exclusive right to another person in full. An assignment agreement must be in writing, and afterwards the former rights holder no longer controls the work.
- Acceptance certificate
- A document in which the parties record delivery and acceptance of the work: what was handed over, when, and whether there are any comments. It often serves as the basis for the final payment.
Work and people
- A person's image
- A photograph, video or other image in which a person can be recognised. It may be used with that person's consent, except in the cases listed in article 152.1.
- Portfolio
- A selection of work clients use to judge an author's style and level. Whether a completed commission may be included depends on the contract, so it is best agreed in advance.
- Original file
- An unprocessed file produced during a shoot or while creating a work. It helps prove authorship; whether it is handed to the client and how long it is kept is worth writing into the contract.
Related sections
- Basics
How copyright arises, how a licence differs from an assignment, when you need consent from a person in the frame, and what you can shoot in the street.
- Documents
Shoot contract, licence agreement, assignment agreement, consent of the person in the frame and acceptance certificate: why each matters and what to check.
- Questions
Short answers to common questions about rights to your work, commissions and payment, people in the frame and shooting in public places.
- 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.
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.