PHOTO BILL OF RIGHTS RESOURCES

TOOLKIT FOR
LENS-BASED WORKERS

 
 
 

Community Over Scarcity

This toolkit was written by lens-based workers with the goal of creating resources that strengthen collective power. By sharing these skills and tools for navigating the hardest parts of what we are asked to do, we are able to demand more for ourselves, working with a sense of community and abundance. We can care for one another by being transparent, and making every day choices that are rooted in working and living with dignity.

HEALTH & SAFETY

 

Taking care of ourselves helps us minimize harm when we’re reporting. Finding a trusted group of peers to grow, learn and build these ways of looking out for one another will help us all be better members of our communities. 

RISK ASSESSMENTS

It’s important to feel safe and supported before agreeing to an assignment. Your safety affects you, your household, your community and the people you’re making imagery with.  Ask the hiring party about: 

  • Hazard pay 

  • Personal protective equipment (PPE)

  • Obtaining a certified credential recognizing your work, or letter of assignment from an editor in case needed to prove for law enforcement or official authorities.

  • Acquiring appropriate training (Hostile Environment, First Aid, Conflict and Civil Unrest) 

  • Trauma-informed aftercare 

  • Communication plans

  • Digital security

Your contracts with hiring parties should guarantee institutional support should anything happen, and should guarantee responsible institutional efforts to make sure safety measures are in place. At the same time, recognize your equal responsibility to keep yourself safe, communicate effectively, and not do anything that puts you at a particular risk. Let the hiring party know if you aren’t comfortable taking on an assignment due to your personal health or risk assessment, and be willing to cut an assignment short if it feels unsafe. 

DIGITAL SECURITY CHECKLIST

Our personal considerations for digital security will vary depending on the work we do and the places we spend time. Marginalized groups will face more abuse online than others; we recognize this and want to name some things to consider if you are facing harassment or working on assignments, especially long-term investigative projects, that require protocol to protect sources/yourself. Ensuring our digital security means that we can do our best work with confidence and with less time and energy spent on fear of reprisal. We encourage you to find methods that incorporate the idea of harm reduction, understanding that we must balance what is possible with where we are most vulnerable.

  • Password protections are essential. Using two-factor authentication on email and social media will protect you from potential harm better. 

    • Passwords are strongest when they are five words or longer.

    • Programs like 1Password and LastPass can be helpful and are designed to help track and organize passwords between different sites.

  • Consider encrypted communications such as Signal or WhatsApp

    • Do your homework on these apps! Different companies have different policies that can be more or less supportive to your work and safety. Look up legal cases and what the result was in regards to accessing encrypted files.

  • Use a VPN while browsing the internet or browsers like DuckDuckGo & TOR

  • When choosing apps or services to use to support your digital security, remember that there is no perfect app. Be ready to adapt as technologies and your priorities evolve. 

  • Consider removing any social media connections to family or people you want to protect if being actively targeted for harassment/doxxing.

  • Check third-party public search sites for home addresses/phone number and remove information if possible. This is time consuming and tedious. You will be bored and also these sites make it difficult to remove details for a reason.

  • Consider if you want your phone/email made public on your website or if you want a separate professional email.

  • Turn off your phone while moving through checkpoints, be aware 

RESOURCES:

EMAIL TEMPLATES:
Discussing risk assessments during a pandemic

 

Example 1: 

Hi Hiring Party,

Sure! I can do Wednesday. Do you have time today to run down our risk assessment? I have [X] PPE and have been charging [X line item] on my invoice for any assignments I’m using the [PPE]. Just a note—[Worker] was there [X] and reported to me that there were about 100 workers there unmasked. I would need to continually re-evaluate the safety assessment as I work.

Example 2: 

Hey Hiring Party! 

I’m up for the assignment. I have PPE: [list what kind of PPE you have and what kind of training you have received]. 

It’s about 3.5 hours away, and I’d rather not stay overnight. Is it possible to do an extended day rate as I’ll probably drive there, work and drive back?

Example 3: 

Hey Hiring Party,

I hope you’re doing well. I have completed the training [organization] provided on [date] and have appropriate PPE. I’d love to do this job! Are you offering hazard pay for all assignments or only for those considered higher risk? 

Excited to get started.

Yours,
Lens-based worker

 

FINANCE & GRIEVANCE

 

We can care for one another by being transparent about rates and contract terms that reflect the work we do and allow us to live with dignity. 

“How do I know what to charge? How can I make sure I’m being fairly compensated?”

TALK TO YOUR COLLEAGUES! Truly the best way to know what the going rate for a job is by talking with other people who do that job near you. There are people around you who have piloted drones or made a music video for that company before or worked for that newspaper or magazine. Your best resources are the other workers who’ve done work for similar clients in your geographic region. We should do what we can not to undercut one another. Every time someone gets paid accordingly, an angel gets its wings. 

It can be intimidating to ask for more money or resources, but negotiations are necessary and expected. Ask around to better understand what typical day rates would be for a job or perhaps if it’s best to ask for a flat rate for the project. These are all variables that can and will change depending on the nature of the assignment/hire and will be reflected accordingly. Less experience does not mean that you should be undercompensated. Due diligence about going rates and specific figures will be your power for getting fair pay. 

The Getty Image Calculator is a great resource for specific quotes in commercial, editorial and non-profit sectors. It lets you plug in the medium, audience size and length of proposed license for a fee estimate. There are other similar resources, like BlinkBid or FotoQuote. Use these tools as a reference and adjust your rates based on what works for you and your practice.  

ALL ABOUT CONTRACTS

 

Ask for contracts upon hire.

If you are working from a contract offered by a client, read over it carefully and thoroughly. Understand what is being asked and what it means for your work. Know that you can strike through sections you don’t agree with. If your client doesn’t provide a contract, be ready to send yours.  Don’t wait for the hiring party to send a contract the day of assignment or after. Advocate for yourself!

GUIDING QUESTIONS


When designing a quote make sure you have a clear and mutual understanding of: 

  • Contract, terms, and necessary paperwork

  • Fees  

  • Payment timeline (including late payment and kill fees)

  • Invoicing instructions

  • Direct contact for legal and finance departments in the event of payment issues or inquiries

  • What kind of pre-production is expected?

  • What is the expectation of travel + expenses. 

  • What is the timeline for upfront expense compensation?

  • What is the expectation of time spent on the job itself?

  • Do you need to hire or purchase extra equipment? Will you need to insure it?

  • Do you need to hire an assistant or other team members?

  • Do you have a risk assessment in place for things like safety?

  • If you are traveling, do you have a per diem built in?

  • If you are traveling, do you have your accommodations built in?


Create a contract that supports you:

  • Do you have a clear outline of the scope of the project or assignment and the ways your work will be used? (details here, the more you include the better, be specific, ask lots of questions!). Example: X pages content insertion, X premium plugin, X sidebar graphics, X number of revisions, etc. Again, the more detailed you are the better.

  • What happens when either party cancels?

  • Who owns the work after it is completed? 

  • Can the work be used in a way other than it is initially intended?

  • Are you able to share client details with third parties (are you planning on outsourcing some of the work?)? 

WATCH OUT FOR:

  • Work For Hire (WFH) agreements have become commonplace but are designed to mostly benefit the hiring parties. They are a red flag and mean that you lose complete control over the material you created.

    Instead of a work for hire agreement, you can suggest shared copyright or limiting the granted rights to the work.

    Talk to your editor & the legal department to see what is possible. Losing rights to your work means losing control over how it gets used and losing money! Producing images under a work for hire agreement means the publication can do whatever they want with your work, even in contexts beyond the editorial scope. This is concerning especially when making images of sensitive communities or topics.

    If you do accept work for hire terms, make sure you are being compensated fairly. Licensing rates are high, do your research on these amounts and the scope of the work, the context of use, potential outcomes for the footage.  If the hiring body has a limited budget, negotiate a limited scope of work or consider re-negotiating. This is particularly important for video, as rates are often far too low and footage is likely to be used multiple times or catalogued for the company’s profit. Don’t undercut your worth and realize that accepting low rates makes it harder for colleagues to push back as well. 

  • Assignment transfer / rights transfer
    Ensure copyright stays with the worker by eliminating predatory contracts including WFH or contracts that transfer rights away from the photographer through clauses.

  • Long payment terms (e.g. Net-90)
    While Net-15 and Net-30 payment periods are common, some hiring parties and institutions maintain longer payment terms — reaching Net-90 or longer. However, long payment terms are prohibitive ---. Challenge these

  • Low compensation or no compensation
    Publications, non-profits, companies, may reach out to use your images. Great! The catch? They don’t have a budget to compensate you but will “make sure to credit you.” Or, they are offering a rate much lower than your standard licensing fee. While this is frustrating, consider responding to these clients by educating them on the value of your work. Offering a better understanding of your business may help them realize the flaws in their approach.

  • Vague or confusing language
    If you’re unsure what something means, consult with your hiring editor, a colleague or lawyer, or seek out resources online. Assigning editors should be familiar with the terms of the contracts you are being asked to sign and if they are part of an organization that retains legal counsel, they should be able to clarify the terms directly. You can redline items you are not comfortable with or consider turning down work if the contract does not meet your standards. Stating this can help push for change internally if enough people push back or refuse.

EMAIL TEMPLATES:
Negotiate a higher rate for a Work For Hire contract

 
 

 Photographer, 

Are you available to photograph X political candidate on Thursday? Our contract is a standard Work For Hire Agreement and the rate is $X/day.

Best, 
Editor 

Editor, 

Thanks so much for your interest, but at this time I'm not in a position to perform Work for Hire for a rate of $X/day. Is there a specific reason your contract is written that way and is there a way around it? I'd be happy to discuss adjusting the terms of the contract, if you're amenable to that. 

Best, 
Photographer

 

EMAIL TEMPLATES:
An ask for free work

 

Example 1: 

Editor,

Thank you for the interest in my work and for the offer to publish, however at this time I cannot offer images for free. As a freelancer my monthly expenses are numerous, and exposure does not help in a tangible way to cover these costs. 

Example 2: 

Editor, 

I am incredibly disappointed that [organization] isn’t willing to support their content creators, and would love to work on any paid opportunities you may have.