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. Unless you have permission from the photographer, you can’t copy, distribute (no scanning and sending them to others), publicly display, or create derivative works from photographs. Copyright infringements—reproducing photos without permission—can result in civil and criminal penalties.
Please note I am a member of PPA (Professional Photographers of America) who are very proactive about Photographer Copyrights.
Images cannot be sold to another agent who takes over an expired or withdrawn listing.
In order to provide you with the best service and support at reasonable pricing, we do not sell our photos for Real Estate Photography. We license use of the photos for the duration the listing is Active and we allow the client to use the photos in any print, media or social site for marketing the listing. My rates are dependent on using the photographs for a limited period and protecting you, myself and the clients by retaining copyright. Only the licensee & Photographer have permission to use the images.
Generally my photos are Licensed for use – *The photographer issues a limited license for the client to use the images under this contract in his or her MLS listing and in other promotional materials intended to sell the property under his/her current contract with the property owner. Those images may NOT be transferred to subsequent listing agents or the client in the event that the property does not sell under the terms of the current contract.*
*Builders, stagers, designers, or “third parties” that wish to use images must contact the photographer directly for licensing and fees.
*Photo credit must be given to Robin Gatti Photography when used on any and all social media sites
*Unauthorized use of images is a copyright violation.
*Photographer retains right to use photos in any sort of marketing/website/blog/social media and retains copyright. Home owner grants usage via MidGAMLS F1, Exclusive Seller Listing Agreement, in Marketing, the homeowner grants the agent the right to do any photos/marketing needed to get their home sold but homeowner acknowledges they have no rights to these items.
Home sellers and buyers may certainly request a copy of the photos from photographer only. Licensees may not give rights to, give copies or ‘transfer’ the photos to anyone else. Please have home sellers and buyers contact me. By signing with an agent using MidGAMLS F1, Exclusive Seller Listing Agreement, Page 3 of 8, 01/01/17 in Marketing, the homeowner grants the agent the right to do any photos/marketing needed to get their home sold but homeowner acknowledges they have no rights to these items.
Another Agent Wants to Use the Photos
No photos can be sold/transferred to any other agent by a client. Only by myself. However, I always prefer to reshoot the home and not to re-license the listing photos.
What can’t the agent do?
Even if an agent has a copy of the photograph, they cannot give it to any person or entity to use that is not outlined in the usage license. The photos are simply not theirs to give. Only the copyright holder can grant further licensing. The photos have in essence been rented as outlined by who can use the photos, for what purpose and the time frame in addition to any other stipulations. The licensee cannot assume more usage than they are granted. They also cannot transfer the usage to someone else.
Sometimes people just think they can save photos out there on the internet and use elsewhere or give to other agents when they relist- but when someone uses copyrighted material without permission a variety of things can happen. It can range from nothing to take down orders and/or payment including damages to a Federal Lawsuit with damages up to $150,000 per photo. Also be aware that watermark removal is also a crime.
Do I inform the purchaser?
I have listed everywhere my Copyright information. Each invoice has included my copyright information. It is at the top of the Booking Page also. If there are any questions, they should be asked ahead of time. It is the licensee/Agent job to ALWAYS inform the home owner of these terms and conditions so they are aware.