Blog Layout

Five Contract-Related Tips for Freelance Artists, Photographers, and Designers

May 24, 2022

Five Contract-Related Tips for Freelance Artists, Photographers, and Designers

It is becoming more and more common to work as a freelance artist rather than work for a firm, whether as a photographer, videographer, graphic designer, web designer, or similar professional.

I often get questions such as “Do I need a contract?” “Contracts are too legal. Can I make a simple one?” “Oh, I trust [insert client name]. We don’t need a contract!” “I’m not dealing with much money, so I don’t need a contract anyway.” “Contracts scare people away. How do I deal with that?”

It is good practice to have written contracts with all of your clients. Contracts can help make sure you and your client understand exactly the terms of the deal. Here are five tips to keep in mind when you’re thinking about your contracts.

1. You should have a written contract.

It is highly recommended that you use a written contract. Oral contracts or “gentlemen’s agreements” are ineffective and are tough to prove exactly what the terms are if a dispute arises. If the terms are oral and/or unclear, you may actually have to go to court to prove the terms of the contract. Get the terms of the deal in writing and lay them out clearly. This could be a series of e-mail exchanges, a social media message exchange, etc. Writing terms down on napkins have even worked for people in the past. These can all form a legally binding contract. Contracts come in all shapes and sizes. You can tailor your contract to fit your purpose. It can be short, to the point, and lay out the basics.

2. “But why do I need a contract?”

Generally speaking, we all hope that people are “nice” and “honest” when we are entering into agreements. This doesn’t always work out for you though. Contracts protect you just as much as they protect your client. It is better to be proactive and prepare for the worst while hoping for the best. Significant preparation on the front end will pay off in the long term should you actually need to go to court and assert your rights. Contracts are efficient tools to lay out in writing what happens if one party breaches, what each party can do to fix a default, etc.

3. Are there certain things I need to include in my contract?

You are not obligated to put anything in particular in your contract. It is smart to include the basics of what your deal is: price, dates, payment, etc. You can also provide for what happens if either party defaults (doesn’t do what he/she was supposed to do), who will pay attorney’s fees if a lawsuit is filed, where a lawsuit must be filed, etc.

4. You can protect your work through your contract!

Intellectual property, copyright, and trademark law are separate areas of law from contract law, but your contract is where you can state who has the legal rights to the photographs/designs/logos/other creative medium. This protects you from others printing, uploading, distributing, or using your creations for money elsewhere without your consent. Seems pretty important, right?

5. Do I need a lawyer to draft a contract?

No, you do not; however, consulting with an attorney to go through a contract with you or draft one for you will help you navigate the nuances in the law and subject matter. Each state has different contract laws, so a lawyer can do the heavy lifting for you and draft a contract to adequately protect your work and your interests.

About the Author: Patrick Morrison is an attorney with Grant, Konvalinka & Harrison, P.C. (“GKH”). Patrick is a native to the Chattanooga area and a graduate from Chattanooga School for the Arts and Sciences. Patrick pursued his undergraduate studies at Middle Tennessee State University in Murfreesboro, Tennessee and continued to pursue his legal education at the University of Tennessee College of Law. While attending law school, Patrick actually worked as the law school’s photographer and videographer.

Patrick is an experienced lawyer relating to contracts and business law. To learn more about Patrick or GKH, contact Patrick at 423-756-8400 or by email at pmorrison@gkhpc.com

This blog is not intended to create an attorney/client relationship or provide legal advice. Please contact the author if you have any questions or comments regarding the subject matter.

< Older Post Newer Post >

Mail

Mid-South Super Lawyers Selects Grant, Konvalinka & Harrison P.C. Attorneys

November 27, 2024

Grant Konvalinka & Harrison, P.C. is pleased to announce that two (2) of its attorneys and counselors are named to the 2024 Mid-South Super Lawyers Edition. In addition, three (3) attorneys were recognized in the Rising Stars category this year. The selected attorneys are recognized for this achievement of professional excellence and peer recognition. Each year, the Super Lawyers research team recognizes no more than 5% of Tennessee attorneys for this distinction and selects no more 2.5 % of attorneys in a state for the Rising Stars category based upon eligible candidates who are in practice for 10 years or less or 40 years old or younger.

The Grant, Konvalinka & Harrison Law firm is pleased to announce that Amanda Williams and Zachary Atchley have joined the firm as an Associates.

By Sandy Vander Griend • October 24, 2024

The Grant, Konvalinka & Harrison Law firm is pleased to announce that Amanda Williams and Zachary Atchley have joined the firm as an Associates. Amanda comes from the Golden State of California, specifically San Diego. Amanda attended Boston College and received a Bachelor of Arts degree in Political Science and Economics. Amanda then attended the University of Tennessee College of Law, where she was a student-attorney in the Domestic Violence Clinic and the Expungement Clinic. She was also the Pro Bono Director during her third year of law school. Amanda was previously a summer associate with Grant, Konvalinka & Harrison during law school and joined the firm after her graduation in May 2024. Amanda handles primarily domestic relations issues. In her practice, she addresses a variety of topics such as divorce, child custody, child support, and paternity issues. Amanda strives to give zealous yet efficient representation while helping clients navigate one of the most emotional and challenging periods of their lives. When not in the office, Amanda can be found kayaking the rivers of Tennessee, running along the Tennessee Riverwalk, reading a great book, or cheering for the Tennessee Vols. Zachary Atchley is the second fourth-generation attorney on his father's side who benefitted greatly from the mentorship he received from both his father, Fielding H. Atchley, and brother Trevor F. Atchley, with whom he practiced law before joining Grant, Konvalinka & Harrison P.C. Zachary practices in the areas of General Civil & Commercial Litigation, Financial and Estate Planning, Probate Administration, and Business and Corporate Law. Zachary received his B.A. from Appalachian State University Graduate in 2006. While at Appalachian State, Zachary graduated from Watauga Residential College, an alternative honors program focused on writing, discussion, complex thinking, creativity, community, and curiosity. He received a Master of Public Administration with a Nonprofit Management Concentration from the University of Tennessee at Chattanooga in 2010 and his J.D. from Lincoln Memorial University's Duncan School of Law in 2022. Law is Zachary's second-career as he has over 10 years' experience in nonprofit management, where he specialized in program development, grant writing and administration, organizational planning, and fundraising for nonprofits serving Chattanooga's disinvested neighborhoods and underserved populations. Throughout his life, Zachary has been an active volunteer, involved in both church and civic activities. As a boy scout, he earned the rank of Eagle Scout. His law school emphasized the importance of engaging in community service and pro bono work is an important part of his practice. Zachary regularly volunteers at Chattanooga School for the Arts and Sciences and Center for Creative Arts. where his daughters attend, serves as a Deacon. Sunday School Facilitator, and Worship Leader at First Christian Church Chattanooga, serves as co-president of Barking Legs Theater's Board of Directors, and serves the Citv of Chattanooga as a member of its Beer Board.

David Higney has been Invited to join the Alumni Board of Directors of the University of Tennessee Chattanooga

June 20, 2024

Grant, Konvalinka and Harrison congratulates one of their own, David Higney, on being invited to join the Alumni Board of Directors of the University of Tennessee Chattanooga. The University of Tennessee Chattanooga is excited to introduce the new board members. Each member brings a wealth of experience, a deep commitment to our community and a passion for supporting and advocating for UTC. The new board members include: Marla Cobb, David Higney, Joyce Lloyd, Lessie Lyttle, Walker Rhodes, Taylor Rowell, Victor Sims, and Brian Wright.

The Grant, Konvalinka & Harrison, P.C. law firm is pleased to announce that Melissa Weitzel has joined the firm as an associate.

May 10, 2024

The Grant, Konvalinka & Harrison, P.C. law firm is pleased to announce that Melissa Weitzel has joined the firm as an associate. Melissa will be practicing in Business and Corporate Law, Financial Services and Transactions, Governmental and Administrative Law, Litigation, and Labor and Employment. Melissa is a Gulfport, Mississippi native and graduate of Vanderbilt University’s Law School. Prior to joining the firm, Melissa worked as a Law Fellow in Vanderbilt University’s Office of the General Counsel where she assisted with a range of higher education matters including finance, labor and employment, intellectual property, and student affairs. During law school, Melissa participated in the Intellectual Property & the Arts Clinic where she represented small businesses in trademark filings and disputes. She completed a full-semester externship with the Office of the Staff Judge Advocate at Arnold Air Force Base in Tullahoma, Tennessee, and a summer internship with USAID’s Justice for All Activity Ukraine. She served on the executive boards of the Space Law Society, the Entertainment & Sports Law Society, and OutLaw. Prior to law school, Melissa attended Mississippi State University where she graduated summa cum laude with degrees in Political Science and History. During her time as an undergraduate, she studied internationally at the University of Oxford and with Cornell University in Turin, Italy. At Mississippi State, Melissa worked as a Student Office Assistant for the Shackouls Honors College, served as Secretary-General of Mississippi Model Security Council, and as Vice-President of the College of Arts & Sciences’ Dean’s Student Advisory Council. Melissa is a member of the Chattanooga Bar Association, the Tennessee Bar Association, Young Lawyers Division, and the Southeastern Tennessee Lawyers' Association for Women (SETLAW). In her free time, Melissa enjoys practicing her (very underwhelming) Russian language skills, being active, and traveling with her loved ones.

What You need to Know about the New USCIS Fee Schedule By: Brittany T. Faith and Molly E. Green

March 5, 2024

New Fee Schedule Will Take Effect on April 1, 2024

Grant, Konvalinka & Harrison elects Attorney Kane Shepherd as Director

January 22, 2024

The Board of Directors of Grant, Konvalinka & Harrison ("GKH"), a Chattanooga law firm, are pleased to announce the election of Kane Shepherd as Director at the firm. Kane guides clients in all aspects of real estate matters, financial and lending transactions, and mergers & acquisitions. Kane represents clients ranging from startups to businesses with large international footprints. Kane is a native of Montana who joined the firm in 2019. He received his undergraduate degree from the University of Montana, and received his J.D. with a concentration in business transactions from the University of Tennessee in 2018. Prior to joining GKH, Kane clerked at the Hamilton County Chancery Court for the Honorable Pamela A. Fleenor and the Honorable Jeffrey M. Atherton, and previously worked as a wildland firefighter for the U.S. Forest Service. To learn more about Mr. Shepherd, please visit his webpage at http://www.gkhpc.com . Contact him at 423-756-8400 or by email at kshepherd@gkhpc.com .