So you've hired a professional photographer to take photos of your newest listing (yay, you!). Do you now own those photos? In most cases, no ... what you've paid for is a license to use those images. The extent of the usage depends on how the licensing agreement is worded. Here's what mine says:
LICENSE AGREEMENT
- Grant of License. This license grants the Client (“Licensee”), an individual, non-transferable and non-exclusive right to use the images described on page 1 of this invoice. You may not sell, rent, lease, or sublicense the images to any other companies or entities not mentioned in this license agreement.
- Permitted/Prohibited Uses. The images may be used for any press articles, marketing, on-line use, as well as any form of reproduction, printed or digital, needed to market the subject property. In addition, you are permitted to use the images for self-promotion upon completion of sale of subject property. The images may be backed up or archived as necessary to complete the above stated uses only.
You may not resell, sub-license, give, lend, sub-let, distribute the whole or part of an image, whatever its size and resolution. You may not reproduce, resell or redistribute those images for commercial purposes or for marketing use with another selling agent or marketing company. - Copyright. All rights pertaining to the images are owned by Glenda Cherry Photography and protected by United States Copyright Laws, international treaty provisions, and other applicable laws. No title, copyright, or intellectual property rights in the images are transferred with this license. Full rights and copyright, including but not limited to self-promotion usage, remain with Glenda Cherry Photography, without exception.
Yes, I realize I could make up a much longer agreement filled with legalese, but this spells out the basics of the agreement (hey, we trust each other, right?). Once you pay for the images, you can use them to market the property (and yourself). You can't give or sell them to anyone else. I own the copyright and can use them to promote myself. Pretty clear, huh?
If you've engaged a professional photographer, you need to know how you can use the photos. Many professional photographers have licensing agreements that are much more restrictive than mine. Don't let yourself get into trouble by violating the terms of the agreement. If you haven't read it before, read it now!
And if you want to read more about this subject, here are some good articles:
Who Owns the Photos? Not All Realtors Understand Photo Licensing
Photos, Photos, Who Owns the Photos?
Copyright and Licensing of Business Portraits
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