A Canadian Photography Contract is a service agreement between a photographer and a client that defines the scope of photography services, delivery timelines, payment terms, copyright ownership, and usage rights for the resulting images. It governs the legal relationship from booking through final delivery and addresses the unique intellectual property framework that applies to photography in Canada.

Copyright ownership is the central legal issue in Canadian photography contracts. Under s. 13(1) of the Copyright Act (R.S.C., 1985, c. C-42), the author of a photograph — the photographer — is the first owner of copyright. The 2012 Copyright Modernization Act eliminated the former commissioning rule that gave copyright to the person who ordered and paid for the photographs. This means that even when a client pays for a photography session, the photographer retains copyright unless there is a written assignment. If the photographer is an employee rather than an independent contractor, s. 13(3) gives the employer copyright in works created in the course of employment.

Moral rights under s. 14.1 of the Copyright Act are equally important. The photographer retains the right to be credited as the author (right of attribution) and the right to prevent modifications that would prejudice their honour or reputation (right of integrity). Moral rights cannot be assigned or transferred — they can only be waived in writing. A photography contract should address whether the photographer waives moral rights, allowing the client to crop, filter, or edit images without restriction.

Photographers earning more than CAD $30,000 annually must register for GST/HST under the Excise Tax Act and charge the applicable rate on their services. The rate varies by province: 5% GST in Alberta and BC, 13% HST in Ontario, and 15% HST in the Atlantic provinces. Quebec photographers must charge GST plus QST (9.975%). Photography services involving identifiable individuals also engage PIPEDA obligations regarding the collection and use of personal information in the form of photographs.

When a couple is hiring a photographer for their wedding and needs to define the coverage hours, number of edited images, delivery timeline, second shooter arrangements, and what happens if the photographer cannot attend due to illness or emergency — the most common source of photography disputes in Canada.

When a business commissions corporate headshots, product photography, or architectural photography and needs to secure specific usage rights — website, print advertising, social media, packaging — with clarity on whether the licence is exclusive or non-exclusive, and whether additional licensing fees apply for uses beyond the original scope.

When a real estate agent or property developer contracts a photographer for listing photos and virtual tours, and both parties need to define turnaround time, number of properties covered, and whether the photographer may use the images for their own portfolio or stock photography licensing.

When a photographer is hired for a multi-day commercial campaign or editorial shoot involving models, stylists, and location fees, and the contract must coordinate with model releases, location agreements, and production schedules while clearly allocating responsibility for each cost category.

When a family or individual books a portrait session — maternity, newborn, graduation, or family portraits — and needs to understand what is included in the session fee versus what costs extra, such as prints, albums, digital files, or retouching.

Without a written contract, disputes over image ownership, delivery delays, and cancellation refunds are resolved under the default Copyright Act provisions, which almost always favour the photographer over the client.

Scope of Services — A detailed description of the photography services including the type of shoot (wedding, portrait, commercial, event), date and time, location, duration of coverage, number of photographers, and specific deliverables (number of edited images, albums, prints, digital files). Vague descriptions are the primary source of client disputes.

Copyright Ownership and Licence — Explicitly state whether the photographer retains copyright (the default under Copyright Act s. 13(1)) and grants the client a licence to use the images, or whether copyright is assigned to the client in writing. Define the scope of the licence: personal use only, commercial use, exclusive or non-exclusive, perpetual or time-limited, and any geographic restrictions.

Moral Rights — Address whether the photographer waives moral rights under Copyright Act s. 14.1, allowing the client to crop, edit, filter, or modify the images without the photographer's approval or credit. Without a waiver, the photographer can object to modifications that harm their professional reputation.

Payment Terms — The total fee, deposit amount (typically 25-50% non-refundable), payment schedule, accepted payment methods, and GST/HST obligations. Specify whether the fee includes travel expenses, equipment costs, and post-production editing, or whether these are billed separately.

Cancellation and Rescheduling — Define the cancellation policy: how much notice is required, what portion of the deposit or fee is refundable at each stage, and the photographer's right to retain the deposit as liquidated damages. Include rescheduling terms and whether rescheduling fees apply.

Delivery Timeline — The expected turnaround for edited images, the format of delivery (online gallery, USB, cloud storage), and the resolution provided. Specify how long the photographer will retain the raw files and whether the client can request additional edits after delivery.

Model Release and Privacy — If the images feature identifiable individuals other than the client, address who is responsible for obtaining model releases. Include a portfolio use clause specifying whether the photographer may use the images from the session for their own promotional purposes, with or without the client's prior approval.

Liability and Force Majeure — Limit the photographer's liability to the fees paid and address what happens if the photographer cannot perform due to equipment failure, illness, or circumstances beyond their control. For weddings and one-time events, specify whether a substitute photographer will be provided.

Governing Law — The province whose laws apply, which determines the applicable consumer protection legislation, small claims court jurisdiction for fee disputes, and the Copyright Act provisions governing ownership and moral rights.