Sample Contract Clause
In consideration for being permitted to photograph the musical group currently and professionally known as BAND and/or any individual member thereof, the undersigned ("you"), for yourself and on behalf of your heirs and assigns, hereby agree that any photographs ("Photos"), including the negatives and transparencies, taken on the date of DATE, shall be utilized solely for the assignment ("Assignment") commissioned and/or assigned by EMPLOYER. You hereby agree that the Photos shall not be used and/or or exploited for any other purpose or in any other manner other than for the Assignment, including, without limitation, for any commercial exploitation, on any musical recordings, on any packaging of any musical recordings, and/or in connection with any advertising, promotional merchandising and/or publicity relating to any musical recordings. Notwithstanding the foregoing, you shall have the right to use the Photos for use in your own professional portfolio.
This is a contract between a photographer on assignment and a musical group. Note that the photographer's rights are likely further constrained by a contract between her and her employer.
This contract gets the harshest rating because of what it does not discuss. It says that the photographer can only use the pictures for the purposes of her assignment. The problem is that the contract doesn't address who owns the copyright in the work. It does limit the photographer's uses of the work, but it is unclear on other points, such as alteration of the work, attribution, and internet usage.