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.
Guides
Practical guides
Commissions for photographers and illustrators vary widely, yet the misunderstandings are strikingly similar: it is unclear what exactly is delivered, who can use the result and how, when to pay, and what to do if a photo turns up where nobody expected it. The notes below help you settle these questions in advance. Rules differ by country, so check your local law or a local lawyer.
A question asked before the shoot costs less than the same question asked after the files are delivered.
— Editor's note
The guides describe a general course of action and do not replace a contract drafted for your situation. If a large commission is at stake or a conflict has already started, consult a lawyer.
Guides
Four topics authors run into most often.
Photo shoot contract
Describe the brief, location and date, the number and format of finished frames, rounds of edits, delivery deadlines, payment stages and what happens if the shoot is rescheduled. State separately what rights the client receives and whether you may show the work in your portfolio.
If a recognisable person will appear in photos meant for publication, get their consent in advance and in writing. It should name which photos may be used, where, for what purpose and for how long.
List the ways of use, the territory and the term, and agree whether the author may keep licensing the same frame to others. A licence agreement must be in writing unless the Code provides otherwise.
Do not start with public accusations. First keep the evidence and prepare a calm message; if there is no reply, move on to a claim letter and a lawyer's advice. The steps are described below.
Save the page address, screenshots with a visible date and a copy of the publication itself. Have the original or a full-resolution file ready to show that you are the author.
Contact the site owner
Politely explain that the image was posted without your permission and offer options: remove it or take out a licence. Sometimes this settles the matter without a conflict.
Send a claim letter
If there is no reply, write a formal claim letter: who you are, which work was used, where and when, what you require and by what deadline. Send it in a way that lets you prove it was sent.
Consult a lawyer
What you can claim, how much and what to do next depend on the circumstances, so take the evidence you have collected to a lawyer rather than choosing a strategy on your own.
Warning signs in a commission
The client asks for "all rights forever" but will not put it in the contract.
The brief is a single sentence, and the number of edits is unlimited.
The client suggests discussing the advance after the shoot.
There will be people in the frame, but nobody is responsible for their consent.
Deadlines keep changing in messages, but the contract is never updated.
Shoot contract, licence agreement, assignment agreement, consent of the person in the frame and acceptance certificate: why each matters and what to check.
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.
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.