AI Considerations for Your Photography Contracts

It feels obvious to say, but artificial intelligence (AI) truly is everywhere right now - and that may feel especially true for photographers. Not only are editing platforms offering more and more AI-assisted tools for professionals, but the public has increasing access to generative AI applications too. It’s important to think about how you want to manage the use (or misuse) of these tools in your creative work, and what kind of parameters you want to set around clients' utilization of them. Client communication and clear contract terms are key in setting these boundaries and protecting your intellectual property.  If you’re a photographer, your client contracts are an important tool to address AI-related issues (See our blog about other key photography contract terms here). Below are a few examples of some  language you may want to consider (regardless of whether AI is a part of your workflow or not):

Disclose Your Use of AI-Assisted Tools in Photo Selection and Editing Clauses

Professional photographers can use AI in a variety of ways. To name a few, AI can be used for initial photo selection (culling), batch editing, creating masks, and removing blemishes or distractions from photos. 

No matter what, it’s important to address your rights to select and edit photographs in your client contracts. These provisions, along with those that address artistic style, acknowledge that photography is a subjective art form while helping set clear client expectations. For example, it makes sense to generally reserve the right to determine which photos are selected for delivery, how those photos are edited, the format in which photos are delivered, and whether original RAW files will be provided to the client. 

Because these provisions already establish that the photographer retains creative control over photo selection and editing decisions, they are a natural place to disclose any potential use of AI-assisted tools in the editing process. While many clients may not know (or necessarily care) whether AI-assisted tools are used during editing, being forthcoming and proactively addressing the issue in the contract can help reduce misunderstandings, set clear expectations, and provide additional protection if questions or concerns about AI arise over the course of the contract. And of course, if a client has concerns about the use of AI before entering into the contract, you, the photographer, can discuss those concerns with the client and negotiate alternative terms at their discretion.

Pricing

A separate but related consideration for adding AI terms to a client contract is pricing. Because using some AI-tools may actually require more work (think using generative AI to remove a stain on a shirt in 50 individual photos), a photographer may want to structure the use of these tools as an optional add-on with an additional cost to account for more editing time, and/or for the price of the tools themselves.

Limiting Alteration and Reproduction 

Because the photographs you take are generally protected by copyright laws upon creation, a standard photography contract should make this clear, containing provisions addressing ownership of the photos and the scope of any license, or use rights, granted to the client. Many contracts also include a model release authorizing certain uses of a client's image or likeness by the photographer. Together, these provisions often restrict the client's ability to alter, reproduce, or otherwise use the photographs beyond the rights granted in the contract. You can also include language that limits how photos are shared, and if you request any sort of authorship credit when publishing. 

While many photography contracts already prohibit clients from altering delivered photos, you may want to specifically address whether or not you authorize AI-generated modifications. As AI tools become more accessible, clients and third parties can use them to substantially alter photographs or create entirely new content based on the photographer's photos. Expressly prohibiting AI-based alterations can help reinforce the photographer's artistic control and protect the integrity of the final photo products.

By addressing AI in both editing-related provisions and photo-use provisions, photographers can better protect their creative work while setting clear expectations for clients. If you need help updating an existing client contract or creating a new one, Trellis would be happy to help. Reach out today!

DISCLAIMER: This blog post is meant for informational purposes only and does not constitute specific legal advice or create an attorney-client relationship. Readers should discuss their specific situation and considerations with an attorney.