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Commercial Photography Contract Template for Malaysia

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Key Requirements PROMPT example:

Commercial Photography Contract

"I need a Commercial Photography Contract for a 6-month product photography project starting March 2025, covering approximately 500 fashion items for my e-commerce store, with full commercial usage rights for online platforms and social media marketing."

Document background
The Commercial Photography Contract serves as a crucial legal instrument for professional photographers and business clients operating within Malaysia's legal framework. This document is essential when engaging photography services for commercial purposes such as advertising, marketing materials, corporate communications, or product photography. It comprehensively addresses key aspects including service scope, deliverables, copyright ownership, usage rights, payment terms, and quality standards, while ensuring compliance with Malaysian legislation including the Copyright Act 1987 and Consumer Protection Act 1999. The contract is designed to protect both parties' interests by clearly defining expectations, responsibilities, and remedies, while accommodating various commercial photography scenarios from product shoots to corporate events.
Suggested Sections

1. Parties: Identification of the photographer/photography company and the client, including full legal names, business registration numbers, and contact details

2. Background: Brief context of the agreement, stating the photographer's profession and client's desire to engage their services

3. Definitions: Key terms used throughout the contract including 'Deliverables', 'Commercial Use', 'Image Rights', 'Raw Files', etc.

4. Scope of Services: Detailed description of photography services to be provided, including number of images, style, format, and specific requirements

5. Shoot Details: Specific information about the photography session(s) including date, time, location, and duration

6. Deliverables: Exact specifications of what will be delivered, including number of photos, format, resolution, editing style, and delivery method

7. Payment Terms: Comprehensive details of fees, payment schedule, deposit requirements, and payment methods

8. Copyright and Usage Rights: Clear statement of copyright ownership and specific usage rights granted to the client

9. Delivery Timeline: Specific timeframes for delivery of proofs and final images

10. Photographer's Obligations: Detailed responsibilities of the photographer including quality standards and backup procedures

11. Client's Obligations: Client responsibilities including access, permits, and cooperation requirements

12. Cancellation and Rescheduling: Terms and conditions for cancellation or rescheduling by either party

13. Liability and Insurance: Scope of liability, insurance requirements, and limitation of liability provisions

14. Confidentiality: Terms regarding confidential information handling and non-disclosure obligations

15. Governing Law: Specification that Malaysian law governs the agreement and jurisdiction for dispute resolution

16. General Provisions: Standard boilerplate clauses including force majeure, entire agreement, and amendments

Optional Sections

1. Model Releases: Required when photographs will include identifiable individuals, detailing rights and permissions

2. Property Releases: Needed when shooting on private property or including recognizable properties in images

3. International Usage Rights: Include when images may be used outside Malaysia, specifying international usage terms

4. Social Media Rights: Specific terms for social media usage and sharing of images

5. Raw File Handling: Include when discussing the handling and potential transfer of RAW image files

6. Crew and Subcontractors: Required when additional photographers or crew members will be involved

7. Equipment Insurance: Relevant when valuable equipment will be used on client premises

8. Travel and Accommodation: Include for shoots requiring significant travel or overnight stays

Suggested Schedules

1. Schedule 1: Shot List: Detailed list of required photographs and specific shots requested by the client

2. Schedule 2: Price List: Breakdown of costs including shooting fees, editing, usage rights, and additional services

3. Schedule 3: Technical Specifications: Detailed technical requirements for final images including file formats, sizes, and quality parameters

4. Schedule 4: Delivery Schedule: Detailed timeline for delivery of different components of the project

5. Appendix A: Model Release Form: Standard form for obtaining permission from individuals appearing in photographs

6. Appendix B: Property Release Form: Standard form for obtaining permission to photograph private properties

7. Appendix C: Equipment List: List of photography equipment to be used for the project

8. Appendix D: Style Guide: Visual references and style requirements provided by the client

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































Clauses






































Relevant Industries

Retail

Real Estate

Fashion and Apparel

Hospitality

Corporate Services

Advertising

E-commerce

Publishing

Events and Entertainment

Food and Beverage

Architecture

Interior Design

Tourism

Manufacturing

Relevant Teams

Legal

Marketing

Creative Services

Procurement

Communications

Digital

Brand Management

Content Creation

Operations

Business Development

Relevant Roles

Professional Photographer

Marketing Manager

Creative Director

Art Director

Brand Manager

Content Manager

Legal Counsel

Procurement Manager

Communications Director

Digital Marketing Manager

E-commerce Manager

Product Manager

Events Manager

Business Development Manager

Operations Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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