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Work Made for Hire wasn’t designed with AI in mind Work Made for Hire wasn’t designed with AI in mind.But it’s the perfect instrument for it.Here’s how it works:
WMFH makes the publication the legal author of your photographs. Combined with unlimited sublicensing rights — standard in many new contracts — the publication can license your work to any third party, for any purpose, without your consent and without sharing revenue.That includes AI training.This isn’t theoretical. News Corp — parent company of the Wall Street Journal — has signed a $250 million deal with OpenAI and a $50 million annual deal with Meta to license editorial content, including for AI training.Photographs were excluded from the OpenAI deal — in part because the previous WSJ freelance contract didn’t permit it.The new contract makes photographs fair game for AI training.Publications introducing WMFH contracts will tell you it’s necessary to protect their archives — to prevent photographers from reclaiming decades of content after 35 years.This is a legal fiction. Joint copyright achieves archival protection without stripping authorship. WMFH is a choice — and it’s one that also happens to enable unlimited AI licensing with no obligation to notify you, compensate you, or ask.The joint copyright model the NYT uses isn’t just better for termination rights. It may be functioning as a meaningful barrier to AI training today — in ways that WMFH cannot provide.The legal specifics are still being tested. But the distinction between joint copyright and Work Made for Hire matters right now, not just in 35 years
Your images documented history. They told stories that mattered. They were made with access built on trust — often with people in their most vulnerable moments, in communities that depend on photographers to protect them.CONTINUES IN COMMENTS
“Work Made for Hire” sounds simple – but it can de “Work Made for Hire” sounds simple – but it can determine the future of your career.Here’s what it actually means.Under U.S. copyright law, the author of a photograph is its creator — the person who pressed the shutter. That authorship comes with rights: to license your work, to control how it’s used, and to terminate any grant of rights after 35 years under Section 203 of the Copyright Act – reclaiming full control of how your work is licensed and used.Work Made for Hire eliminates all of that. When your contract includes WMFH language, the publication or client becomes the legal author. Not you.The 35-year termination right is a reset button built into the law – a recognition that creators shouldn’t be locked into agreements permanently.After 35 years, you can take back full control of your archive: how it’s licensed, how it’s used, and who profits from it. It exists specifically to protect creators from signing away their work forever.WMFH removes that reset button entirely. Work you made on assignment in 2025 cannot be reclaimed in 2060.The archive you’ve spent your career building belongs to someone else. Permanently.Publications will tell you WMFH is necessary to protect their archives — to prevent photographers from wiping decades of content.This is false. Many publications achieve archival protections without WMFH – through perpetual licenses, joint copyright models, and other arrangements that don’t strip photographers of authorship.WMFH is a choice. It’s being made deliberately, and at your expense.What does the alternative look like?The gold standard is full photographer copyright with a specific-use license to the client. The NYT uses a joint copyright model that doesn’t go that far – but it preserves authorship, protects termination rights, and requires revenue sharing on sublicensing.In the current landscape, that should be the floor. The bare minimum. Not the ceiling.You don’t have to navigate this alone. Find resources, sign on, and stay informed via the links in @yourvisualcolleagues’s bio: bit.ly/yourvisualcolleagues and bit.ly/yvcjoin
AI is changing photography.So are the contracts AI is changing photography.So are the contracts that determine who owns an image.
Across the industry, photographers are receiving contracts that classify our work as “Work Made for Hire.” It sounds like legal boilerplate. It isn’t.Work Made for Hire means the publication — not you — is the legal author of your photographs.This matters for four reasons:You lose your copyright.
You lose your archive.
You lose control of how your work is used — including for AI training.
And you lose the ability to protect the people you photograph.For photographers working in vulnerable communities, that last point isn’t secondary. Using editorial images to train AI can fuel surveillance tools that put sources and entire communities at risk. WMFH removes your ability to prevent this exploitation.
This impacts all photographers. Photojournalists and commercial photographers face parallel risks – through stock agreements, client contracts, and sublicensing terms that increasingly permit AI training use without consent or compensation.We’ve already seen AI ad campaigns by major companies including Coca-Cola, Unilever, and Skechers. It’s not hard to imagine a future in which AI takes the place of photographers, models, stylists, creative directors, and designers.This isn’t hypothetical. The Wall Street Journal recently introduced exactly this kind of contract to its freelance photographers — while its parent company negotiated a $50 million a year deal to license editorial content to Meta for AI training.The more photographers who know about this, the harder it becomes to ignore. Follow the links in @yourvisualcolleagues’s bio or go to bit.ly/yourvisualcolleagues to take action.
AI is changing photography. Not someday. Right now AI is changing photography. Not someday. Right now.News organizations are claiming the right to use your images to train AI. Brands are replacing photographers with generated content. Deepfakes are eroding trust in documentary work.This isn’t a distant threat. It’s already happening.But AI’s destructive force isn’t inevitable. The rules around it are still being written – by lawmakers, corporations, and us.Photographers have the right to shape how this technology intersects with our work and our industry.Beyond our industry, AI causes harm: misinformation, nonconsensual imagery, and environmental damage from data centers that consume enormous amounts of water, electricity, and rare earth minerals.AI can help with keywording, transcription, research, and administrative work. New tools deserve honest evaluation. Some artists even create bodies of work through AI, though not without controversy.But the benefits don’t cancel out the harm.Photography is built on things AI can’t replicate: human creativity, the lessons learned through making art, and genuine connection with our sources.If we don’t protect those things, no one will.The connection between AI and photography runs through your contract.Over the next few days, we’ll look into Work Made For Hire contracts and AI. WMFH has always been a bad deal for photographers, but now such rights-grabbing clauses quietly open the door to AI training without consent or compensation.
Join us in our efforts. Start now by following the links in @yourvisualcolleagues’s bio: bit.ly/yourvisualcolleagues for resources about these issues and bit.ly/yvcjoin to get on our mailing list
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Question from a reader. Opening the discussion, le Question from a reader. Opening the discussion, let them know what you think.
Pricing & Negotiating: Motion Content Bid For A Ho Pricing & Negotiating: Motion Content Bid For A Household Product BrandBy @andrewsouders @wonderfulmachineEach month, we analyze a recent cost estimate, contract, or purchase order and present it in the form of a Pricing & Negotiating article. Redacting the names of the photographer and client allows us to share useful information that would otherwise be confidential. You can learn more about how we can help you with Pricing & Negotiating on the Consulting Services page of our website.Concept: Short-form video content for a household product brand’s social media campaign.
Location: Eastern US metro area.
Client: Global consumer goods company.
Agency: Dedicated creative division within a global advertising network, working exclusively on behalf of the brand.
Director: Product and Brand Narrative Specialist.
Licensing: Copyright transfer (work made for hire).I recently worked with a director to develop a competitive bid for a social media motion campaign for a well-known CPG (Consumer Packaged Goods) brand. The creative brief called for a series of playful and visually engaging product videos blending various content, physical gags, and clever prop builds to highlight the brand’s hero product. The agency was seeking a team that could elevate the product conceptually while executing with polish and impact on a fast-paced schedule.The scope included one primary shoot day in a studio setting, preceded by multiple set-build days and a dedicated pre-light day. Expected deliverables included five unique video assets (ranging from 6 to 15 seconds each). The brand would use the content across its web channels, organic social platforms and in paid social media campaigns.Because this project was part of a closed bid process with a stated budget ceiling rather than a more flexible estimate or negotiation, we were working against a firm deadline and in competition with other vendors. That meant ensuring the numbers were precise, costs were well defined, and that the bid was ready to withstand both agency scrutiny and internal brand approvals.CONTINUED IN THE COMMENTS
February 10th | 11AM PT / 2PM ETThe AI Conversat February 10th | 11AM PT / 2PM ETThe AI Conversation: From Terms to Real-World ImpactRights, risk, and real questions from our community. Join the conversationBring your scenarios.
Share what you’re seeing.
Learn how others are navigating it.Hosted by
Heather Elder, Heather Elder Represents
Jen Jenkins, Giant Artists
Kelly Montez, ApostropheAMA Members + Partners: Free
Non-Members: $50 per person�If you are not a member/partner, please email Jenn for more information - info@artistmanagementassociation.orgEvent registration closes at 11AM ET on February 10th
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The Daily Edit by @heidivolpePierre Lavie @just1 The Daily Edit
by @heidivolpePierre Lavie @just1dudewithacamera : Bearing witness and creating a record in MinneapolisHeidi: How did your HEFAT training influence the way you approached the Minneapolis scene — both in terms of keeping yourself safe and in how you mentally and emotionally navigated the tension of the protest?
Pierre: Being situationally aware is crucial, and that’s something Global Journalism Security really drove home during their 3-day HEFAT course I took last August in D.C. Like many photojournalists, I have a family/loved-ones to get home to, so I want to be as safe as possible. To me, being safe in a hostile environment means being prepared and preparedness is achieved by learning how to conduct yourself in such an environment. It’s not magic. It takes time and practice. GJS provides the opportunity to learn and practice skills that might come in handy, like navigating a mob or splinting a leg. I can’t recommend GJS enough — they’re a top-notch outfit, I learned a lot, and honestly enjoyed every minute of it. My only regret is not having done it when I first started.Can you describe the moments before this photo was taken, and your relationship to John?
As the police lined up to press the protestors, everyone knew what was coming. I put on my gas mask and helmet and waited with everyone else for them to make their move. I didn’t know John at all before this happened, but we’re texting just about daily now. He’s a great guy and I expect we’ll keep in touch.What were the visual and emotional cues that made you decide to press the shutter at that exact split-second?
I noticed John getting swarmed by the police. As he went down, he managed to get into a prone position…instead of sprawling out flat as most seem to do, to me…while the officers piled on top of him. I moved around to face him, thinking he might look up — and he did. We saw each other. Click. He prepared to throw his camera — click — then actually tossed it — click — and then tossed his phone — click.CONTINUED IN THE COMMENTS
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An update from Your Visual Colleagues (stateofphot An update from Your Visual Colleagues (stateofphotojournalism@gmail.com) who have organized a letter to Dow Jones, rejecting its new contract for freelance photographers. Sign here: http://bit.ly/WSJresponseletterAs of this morning, 512 photographers have signed the letter. Every name adds pressure toward a resolution.WSJ leadership promised a “substantive response” last week. They missed that deadline. Their inaction suggests they are struggling to figure out how to handle a unified front.We are already seeing the financial impact of our collective action. Freelancers in different cities are banding together to say no.This has led to the WSJ flying photographers into Minneapolis to cover the recent ICE shooting. Flying photographers costs exponentially more than simply paying a fair day rate to locals. When we say “no,” it costs them more money than a fair contract would.And here’s the thing: the math don’t math.Unlike with The New York Times, where a freelancer might make $5k–$60k a year due to the higher day rate and volume of assignments, the WSJ’s assignment volume is low. For most of us, the WSJ represents only $500 to $3,000 in income per year.This gives us a unique advantage. We are not risking our livelihoods by pausing work for the WSJ. We are risking a relatively small fraction of income to fix a broken industry standard.We have the power to demand change here specifically because they don’t hold total sway over our financial survival.Reach out to Your Visual Colleagues at stateofphotojournalism@gmail.com to learn more, and share the letter with anyone who hasn’t signed: http://bit.ly/WSJresponseletter
2025 GFY! More positive posts going forward. 2025 GFY! More positive posts going forward.
Instagram post 18170146309344847 Instagram post 18170146309344847
@guiducci is the 🐐 @guiducci is the 🐐
@trippeters and ben_coppola with the assist! @trippeters and ben_coppola with the assist!
Image by Joel Sternfeld, American Prospects, McLea Image by Joel Sternfeld, American Prospects, McLean, VA 1978
🐐 🐐
NOTE: I received this from an anonymous source.B NOTE: I received this from an anonymous source.By now, many of you have received the new Freelance Photographer Contributor Agreement from Dow Jones/Wall Street Journal. While the effective date is 2026, they are asking for signatures now.After legal review and discussion, it is clear that this contract represents a significant step backward for freelancers. It introduces a “Work Made for Hire” clause and allows WSJ to sublicense our work to third parties for profit. They have said that they will increase the rate to $600, but we feel that is not given how much they gain from this contract as well as the increased demands for video and long hours.Many of us have already sent individual responses, but there is power in numbers. We have drafted a collective letter to Lucy Gilmore and WSJ leadership asking them to pause the rollout and rewrite the contract with actual freelancer input.Please read the letter below and share it widely with freelance colleagues. If you agree, please add your name to the list LINK IN BIO by midnight PST on December 23rd, 2025.We value our relationship with the WSJ, but we need to stand together to ensure it remains sustainable.
Wake up photographers Christmas came early! Wake up photographers Christmas came early!
Let’s give everyone the tools they need for a succ Let’s give everyone the tools they need for a successful 2026 🔥🔥🔥 DM me.
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Part 3 in a series on shifting perspectives by @an Part 3 in a series on shifting perspectives by @angsmithersAngie: Tell me how you first discovered photography.Oriana: I grew up in South Florida. I was 13. My dad, who as far as I’m concerned was the original geek, had gadgets everywhere. He would take apart the family computer piece by piece and put it back together again. He was always on the cutting edge of technology. He had a Wired magazine subscription that I would flip through as a kid.I was an indoor kid for a lot of reasons I didn’t understand at the time. Growing up I just thought, ‘I’m shy. I’m scared of people. I don’t like people. I like my books. I like my quiet.’ I could control the stimuli in my room. Later I was diagnosed autistic — I got that diagnosis in 2022.One day my dad knocked on my door and tossed this brick at me. It wasn’t an actual brick — it was an HP digital camera with 1.2 megapixels. He said, ‘Go outside and make some pictures.’I said, ‘No, I don’t want to go outside.’And he said, ‘You have to. Spend an hour taking pictures.’So I stayed on our block. I avoided eye contact with people, looking down at my feet the whole time. I made pictures of shadows, dew drops on the grass and flowers– just inanimate objects that I could get close to and observe. I ended up staying outside for three hours. After that first shoot I thought, ‘Wow, that was really fun.’I started carrying that brick everywhere I went. With a camera in my hand, I felt in control of how I was moving through the world. All of a sudden, I felt like talking to people.That turned into me taking AP studio art in high school. I started making photographs of my friends. I got really interested in feminism at the time and how women were being portrayed in photography and in art. I ended up submitting a self-portrait to the 2006 Scholastic Art and Writing Award. I won a national silver medal for my self portrait and then matriculated into college and I got my BA in documentary photography.CONTINUED IN THE COMMENTS
@robculpepper_ just launched this project. Looks r @robculpepper_ just launched this project. Looks really cool to me and joining is free:Over the last decade, a few dominant tech companies have carved up the internet into fiefdoms.They control who sees our work, what ads appear around it, and how we interact with the audiences we built. While we adapt our marketing to their ever-changing algorithms, our own websites languish—not because we neglect them, but because the platforms minimize links that would drive traffic to us. They capture the value we create by breaking what made the web so powerful in the first place: interconnection.Daybreak exists to help photographers be found by clients, connect with one another, and link to their own corners of the web. We believe creative work thrives when the people who make it are free to share and build an audience on their own terms.Our goal is not to lock you in but to set you free.
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Wow who opened the spigot on AI slop?? Wow who opened the spigot on AI slop??
Info about the podcast I will be on with @hmphotop Info about the podcast I will be on with @hmphotoprof and @ronit_novak —THE GRAIN is a platform to talk about how artificial intelligence is impacting creative industries: a podcast featuring honest conversations with experts, a newsletter featuring observations from the field, and the insights required to adapt.
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This is a long running scam but since it’s popping This is a long running scam but since it’s popping up again it’s worth putting the information out there again.One variation I’ve heard is they overpay you but ask you to pay an advance to the stylist or some member of the crew who works for them.Here’s the emails:First Name: William  
Last Name: Morris
Phone: 208-480-5114
Email: Will.Morris.E@proton.meMessage:
Hello,My name is William Morris, Creative Director contracted by The Residence 1502, Austin, TX to conceptualize a two-concept lifestyle interior photoshoot to promote one of their luxury condominium residences.Concept 1 captures the quiet elegance of everyday moments with a couple subtly engaging with the space to convey aspirational living.Concept 2 features a young family of four, highlighting the warmth, versatility, and family-friendly appeal of the same luxury setting.We aim to create 50+ final images that blend high-end architectural photography with natural, authentic lifestyle moments. We're seeking the right photographer who can balance clean, well-composed interiors with an unobtrusive, candid approach to people within the space.You can view the full project scope and creative direction here: https://app.milanote.com/1UMTsd1qNQYG4C?p=wEijF185S97.If this aligns with your style, please feel free to get in touch with any questions.Warmly,
William Morris
Creative Director
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Irony is not dead! Irony is not dead!
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Let us know how you respond that gets you the best Let us know how you respond that gets you the best outcome.
Have you seen these? Opening the discussion here t Have you seen these? Opening the discussion here to try and see what is going on. DM me if you want to post anonymously.
@noho_productions 30th anniversary book 😍😍😍 out of @noho_productions 30th anniversary book 😍😍😍 out of this world 🔥🔥🔥🔥 stunning work 👏👏👏👏👏👏👏
@matthewpaskert promo 🔥🔥🔥 awesome 👏👏👏👏 @matthewpaskert promo 🔥🔥🔥 awesome 👏👏👏👏
Pricing & Negotiating: Estimate Review Of An Emplo Pricing & Negotiating: Estimate Review Of An Employee Lifestyle Library For Global Beauty BrandBy @andrewsouders @wonderfulmachineIn addition to helping photographers build price quotes from scratch, Wonderful Machine offers an Estimate Review service on existing quotes that photographers have created themselves. It’s often helpful to have an extra set of eyes and credible insight to polish up your price quote before sending it off to a client.Just as with our other Pricing & Negotiating case studies, we redact the names of the photographer and client, which allows us to share valuable and educational information that would otherwise be confidential.Concept: Two-day employee portraiture and lifestyle library shoot for social, internal, and recruitment materialsLicensing: Perpetual worldwide Web Advertising, Publicity, and Collateral use of up to 100 imagesPhotographer: West Coast-based lifestyle and portrait photographerClient: International beauty and personal care brandA West Coast-based photographer was recently approached by a global beauty brand to capture candid and environmental portraits and lifestyle images of employees over two shoot days. The 100 final images would be used across a broad range of platforms — including career websites, social media, digital ads, internal presentations, publicity, and print collateral like career fair flyers.While the scope of the project resembled other projects this photographer had worked on in the past with other clients, this project was for a more high-profile client with greater licensing needs and a bigger budget. The photographer asked us to help refine their estimate and determine appropriate creative and licensing fees commensurate with the project’s scale and client expectations.Scope & Usage
The project called for two shoot days. The first would take place at a local retail location before business hours as a shortened half-day, while the second was planned as a full day at the brand’s nearby corporate offices. The client would handle casting, scheduling, styling, and shot list development.CONTINUED IN THE COMMENTS
@colinthemshots Chaos & Confusion with @thebloodyb @colinthemshots Chaos & Confusion with @thebloodybeetrootsofficial ⚡️⚡️⚡️⚡️⚡️🔥🔥🔥🔥🔥
@godfreysdogpack @lisajeangodfrey promo calendar. @godfreysdogpack @lisajeangodfrey promo calendar. So cute 🌟🌟🌟🌟🌟🌟🌟
@clarissabonet promo 😍😍😍 fantastic 👏👏👏 @clarissabonet promo 😍😍😍 fantastic 👏👏👏
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A Photo Editor (APE) is edited by Rob Haggart, the former Director of Photography for Men's Journal and Outside Magazine. Contributors include fine art photographer Jonathan Blaustein (@jblauphoto), Creative Director Heidi Volpe, photography consultant Suzanne Sease and Producers at Wonderful Machine.

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