Who Owns The Photos?

Under the Federal Copyright Act, photographs are protected by copyright from the moment of creation. Photographers have the exclusive right to reproduce their photographs. The exclusive right to copy images belongs to the photographer. Photographs may not be copied, distributed (no scanning and emailing them to others), publicly shown, or used as the basis for derivative works without the photographer's consent. Controlling the reproduction of the images they take is essential for professional photographers. Their ability to make a living and provide for their family is affected. Infringement of any size can have a severe negative effect on a photographer's ability to earn a living. Reproducing images without permission is a copyright violation that carries both legal and criminal sanctions. When an agent takes over a withdrawn or expired listing, they are not permitted to sell the images.

Limited Licensing

We do not sell our photos for Real Estate Photography in order to provide you with the best service and support at the most reasonable price. We are licensing the use of the photographs. Our low rates are based on using the photographs for a limited time and retaining copyright to protect you, me, and the clients. A Limited License Release is used in the service agreement. The images can only be used by the licensee.

In general, my photographs are licensed for use - *The photographer grants the client a limited license to use the images under this contract in his or her MLS listing and other promotional materials intended to sell the property under his or her current contract with the property owner. Those images may NOT be copied.

Homeowner Policy

Home sellers and buyers can certainly ask the photographer for a copy of the photos. Licensees are not permitted to grant rights, make copies, or 'transfer' the photos to anyone else. Please put me in touch with home sellers and buyers.

Another Agent Wishes To Use The The Photographs

I always prefer to re-shoot a home because re-licensing a property costs the same as if it was just photographed. A client may not sell or transfer any photos to another agent. By law, only Otography is permitted to do so.

What is the agent unable to do?

Even if an agent has a copy of the photograph, they are not permitted to give it to any person or entity for any purpose not specified in the usage license. They simply do not have the photos to give away. Only the copyright holder has the authority to grant additional licensing. In essence, the photos have been rented based on who can use them, for what purpose, and for how long, as well as any other restrictions. The licensee may not assume more usage than is permitted. They also cannot transfer the usage to another person.