Canadian copyright law starts in a place that surprises most people who hire a photographer: since the 2012 amendments to the Copyright Act, the photographer automatically owns the copyright in the photos they take, even when someone pays them to take them. What the client actually gets is a licence — the scope of which is defined almost entirely by the contract. This means the contract language around copyright and delivery is the most important commercial term in any Canadian photography deal, for both photographer and client.
What is a Copyright and Delivery?
A photography contract in Canada is a service agreement under which a photographer agrees to capture images in exchange for a fee, with deliverables ranging from raw files to edited digital images and prints. Under the Copyright Act (R.S.C. 1985, c. C-42), the author of a photograph is the first owner of copyright, subject to the usual rules about employees creating work in the course of employment. Commissioning no longer automatically transfers ownership. The contract defines (a) whether copyright transfers, (b) what licence is granted if not, (c) usage restrictions, (d) moral rights, and (e) delivery format and timeline.
Red flags to watch for
Since the 2012 Copyright Modernization Act, payment alone does not transfer copyright. If the contract is silent, the photographer retains ownership and the client has only an implied limited licence.
Wedding and portrait clients especially should watch for clauses letting the photographer license images for stock, ads or AI training. Privacy concerns and reputational risk both apply.
Weddings delivered 18 months later are common complaints to provincial consumer protection agencies. Contracts should state a specific number of weeks.
Photographers may legitimately decline to hand over raws, but the contract should be clear. If raws are critical to the client (archival, reuse), negotiate this upfront.
Section 14.1 of the Copyright Act gives authors moral rights, which can restrict cropping, modification or association with a cause. For commercial clients, a written waiver of moral rights may be important.
Courts may reduce liquidated damages to reflect actual loss. Tiered cancellation fees tied to days-before-shoot are both fairer and more enforceable.
The client should know what remedy applies if nothing is delivered. Reasonable contracts provide a substitute photographer or a refund of the deposit.
Your legal rights
Canadian photography contracts are governed by provincial contract law (Quebec under the Civil Code) and the federal Copyright Act (R.S.C. 1985, c. C-42). Since the 2012 amendments (Copyright Modernization Act, S.C. 2012, c. 20), photographers are the first owners of copyright in commissioned works. Moral rights under s.14.1 protect the author's right to integrity of the work and to be associated (or not) with it, and these rights cannot be assigned but can be waived in writing. The Consumer Protection Act (Ontario CPA, Quebec CPA, etc.) applies to consumer contracts — including wedding photography — and can void unfair terms. Privacy legislation (PIPEDA federally, plus provincial equivalents like Quebec's Law 25) applies to the collection and use of identifiable images.
Questions to ask before you sign
- 1Who owns copyright in the final images, and is ownership being transferred or licensed?
- 2What is the scope of the licence — personal use only, commercial use, online use?
- 3Will I receive the raw files as well as the edited images?
- 4What is the exact delivery timeline in weeks or business days?
- 5Are you retaining any rights to use my images for your portfolio, marketing or stock?
- 6What happens if you are ill or your equipment fails on the shoot day?
- 7What is the cancellation/refund policy if I cancel or reschedule?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.