What should a Commercial Photography Agreement include under Thai law?

1. Definitions and Interpretation
2. Engagement
3. The Shoot
4. Postponement and Cancellation
5. Editing and Delivery
6. Fees and Payment
7. Taxes
8. Copyright and Usage
9. Subjects, Property and Personal Data
10. Retouching and AI
11. Credit and Portfolio
12. Confidentiality
13. Warranties and Liability
14. Force Majeure
15. Termination
16. Notices
17. Governing Law and Disputes
18. General

• A photography commission is a hire of work (Instrument 4 of the Stamp Duty Schedule). Duty is 1 THB for every 1,000 THB or part of 1,000 THB of the Fee. On the Fee you entered, the duty on the original is the amount the system calculates from the figures entered, and each counterpart carries the amount the system calculates from the figures entered.Because the Fee is in …, convert it to Thai Baht at the exchange rate on the date of signing and calculate the duty on the Baht amount. Each counterpart carries 5 THB, or 1 THB if the duty on the original is 5 THB or less.
• The Photographer pays the duty (Clause 7.3), including duty on overtime or extra images agreed later. For an electronically signed agreement, use the Revenue Department's e-Stamp Duty system within 15 days after signing.
• An unstamped agreement cannot be used as evidence in a Thai civil court until the duty and a surcharge of up to six times the duty are paid.

• A Thai company paying a photographer in Thailand for a commissioned shoot normally withholds 3% (hire of work) and issues a withholding tax certificate (Clause 7.2). A separate payment only for a licence of existing photographs may be treated as a royalty instead; ask an accountant which applies.
• Payments to a photographer abroad may fall under different withholding rules and double tax treaties.

• The Client must collect signed releases from every model, staff member and customer it brings (Clause 9.1). A general "photo consent" in an employment contract may not cover advertising use; use a release that names the media and period.- The Photographer must collect a signed release from every model it casts, in a form the Client approves, and hand them over with the Final Images (Clause 9.1).
• For anyone under 20, a parent or legal guardian must also sign and should be present or reachable. Keep children's working hours short and breaks frequent, and check whether child-labour rules apply if the child is paid.
• Filming or photographing with a drone requires the operator's own registration and permission rules to be followed; public roads, parks and some landmarks may need a location permit. If the shoot is in someone else's home or business, sign a location agreement with the owner.

• The Photographer keeps copyright. The Client may use the Final Images only in: …, in …, for … months (Clause 8.1). Put the expiry date in your calendar and ask for an extension in writing before using the images in new media, such as billboards, TV or paid online ads.
• Without Clause 8.1, Thai law would give copyright in commissioned photographs to the Client. The signed Agreement is the Photographer's evidence of ownership; keep it safely.- Copyright in the Final Images passes to the Client when the Fee is paid in full (Clause 8.1). Keep the transfer slip with the signed Agreement as proof of ownership. The Photographer keeps the Outtakes but cannot license images showing the Client's products or brand without consent.
• A transfer or licence of copyright must be in writing and signed by both Parties.
• Neither Party may use the photographs to train AI or to create a synthetic likeness of anyone in them without that person's separate written consent (Clause 10.3).

• Recognisable faces are personal data. The Client decides how the images of people are used; the Photographer stores and edits them for the Client, reports any loss within 48 hours and deletes unused images of people within 12 months (Clause 9.4). If a person asks to be removed from future use, the Client should stop new uses where the law requires it.

• The Photographer holds the date only after the deposit arrives (Clause 6.2) and may keep full-resolution files until the balance is paid (Clause 6.3). Pay on time so that the usage licence starts.
• Report technical problems within … Business Days after delivery (Clause 5.4). Download and back up the Final Images before the link expires.

• Keep the signed PDF, the shot list, the releases, the proof gallery link, the selection email, invoices and transfer slips.
• A Thai court works in Thai, so English documents need a certified Thai translation if there is a dispute. If the Client has no assets in Thailand, a deposit and payment before full-resolution delivery protect the Photographer better than a lawsuit.

Compiled from the notes that accompany the English contract templates on this site, published by Phuwara Krobtaku (ภูวรา ครอบตะคุ), Thai attorney-at-law, licence no. 477/2558. The short answer and summary at the top of this page are put together by the site from the template's clause headings and notes. Statutes are quoted only in the official Thai text: Thai is the only official language of Thai legislation, and an unofficial translation can mislead. Article registry OKC-6CDACC. If you reuse this content, please credit the author and link to the original.