The single most important thing a photographer can do right now is understand the contract they're being asked to sign. Three terms in particular deserve close attention.
Work Made for Hire: When a contract classifies your photographs as "work made for hire," the publication or client becomes the legal author — not you. This eliminates your copyright, your termination rights under Section 203 of the Copyright Act, and your ability to reclaim your work after 35 years. It also enables the publisher to sublicense your work to third parties — including for AI training — without your consent or compensation.
Publications will often argue that WMFH is necessary to protect their archives. This is not accurate. The New York Times uses a joint copyright model that gives the publication identical archival protection while preserving the photographer's authorship and termination rights. WMFH is a choice, not a necessity.
Unlimited sublicensing rights: Even without WMFH language, a contract that grants unlimited sublicensing rights allows a publication to license your work to any third party for any purpose — including AI training — with no revenue share and no notification requirement. Look for this language and push back on it.
No AI carve-out: If your contract doesn't explicitly restrict the use of your work for AI training, it likely permits it. The absence of an AI clause is not neutral — it's an open door. Ask directly whether your contract permits AI training use. If it doesn't say no, the answer may be yes.
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Explore resources on this site:
FAQs: Your Visual Colleagues put this together to answer the questions we hear most from photographers who have signed our statement — and those who are still deciding.
AI and Photojournalism: The introduction of AI into newsrooms puts truth, trust, and the safety of the people we photograph at risk. Here's why it matters.
AI and Commercial Photography: From ad campaigns to stock libraries, AI is displacing photographers and dismantling the client relationships that sustain commercial careers.
The WSJ Contract: Publications like The Wall Street Journal are rewriting the terms of freelance photography. Here's how we got here — and what the fine print actually means.
Understanding Your Contract: Three contract terms every photographer needs to know — and what to do if you find them in your agreement.
What You Can Do: Concrete steps photographers can take right now to protect their work, their archive, and the people they photograph.
Resources: Organizations, tools, and legislation for photographers navigating the age of AI.