WHO OWNS WHAT? – WHAT DID I PAY FOR?
THE MOST MISUNDERSTOOD INTERPRETATION OF COPYRIGHT OWNERSHIP
“I PAID FOR THEM, SO I CAN DO WHATEVER I WANT WITH THEM”
This is true, only if your “contract” or “terms and conditions” specify that.
HERE IS THE “SHORT” OF IT:
YOU HAVE PURCHASED THE RIGHTS TO “USE” THE IMAGES/VIDEOS/360 TOURS, TO “MARKET” THE PROPERTY HOWEVER YOU WANT, FOR THE DURATION OF THE LISTING… PERIOD.
Now, our agreement with all our clients allows the usage rights for any property to be used by the agent for the “lifetime” of the property! This means if you sell a property we shot for you in ’19, and the new seller lists the same property in ’21, we honor your license rights (of the original images) for the new listing w/the same terms. This is not a common practice in this industry, but as the copyright owner, it is a benefit we provide & protect!
HERE IS THE “DETAILED” VERSION:
PHOTOGRAPHY AGREEMENT AND LICENSE – TERMS AND CONDITIONS (printed on all invoices)
These terms and conditions govern our agreement. The terms in initial capitals have the meanings assigned to them above. Your use, receipt and/or payment of/for the Products, signifies your acceptance of these terms and conditions.
We agree to provide you with the Products. If you have paid us in full, you have the Rights to use the Products. You agree that the Rights to use the Products have been granted only to you. You agree not to transfer, assign or sublicense your Rights to use the Products, or the photographs contained therein, to anyone without our written permission.
When you receive the Products from us please check them to be sure they are acceptable. Any additional services requested after delivery of the Products will incur an additional fee. To avoid misunderstandings you agree to notify us in writing with five (5) business days of receipt of the Products if you believe they are not acceptable, in which case our sole obligation will be to replace the Products. In no event will we be liable for incidental or consequential damages of any kind.
You agree that we will remain the owners of all the copyrights in the Products. ALL PHOTOGRAPHS ARE THE COPYRIGHT OF THE PHOTOGRAPHER. This agreement does not transfer copyright to you. You agree we reserve all rights not granted to you by this agreement. If we discover that someone is infringing on our copyright you agree to cooperate with us to help us stop the infringement or collect damages.
Your Rights permit you post our photographs on multiple listing services and make the Products available in your MLS listing for the Property. However, your Rights do not permit third-parties to copy, display or distribute our photographs for the purpose of providing services competitive with our Products unless we give you our written permission.
If anyone asks you for any of your Rights to the Products, you agree to refer them to us. If we agree to allow others to use the Products an additional licensing fee may be required. We agree not to use the Products in a way that interferes with your Rights.
You authorize us to come onto the Property and take photographs. You have the authority to allow us entry and permit us to take photographs. You promise to indemnify us, defend us, and pay the expenses of our defense, if a claim is made against us arising out of the services we perform for you.
We are an independent contractor and not your employee. You are not our agent and cannot make agreements for us.
Our Fee is payable upon delivery of the Products. If for any reason payment is not made within (10) days from the date of delivery of the Products, the Rights granted to you will terminate automatically.
DO NOT GIVE YOUR SELLER A COPY OF ANY PRODUCTS!
WHAT WE PROVIDE TO YOU ARE HIGH QUALITY PRODUCTS FOR MARKETING/PRINT PURPOSES. We will happily provide your seller a copy of the images! Provide us with an email address and we will send them a complimentary copy on your behalf! We completely understand that selling a lifetime home, business or vacation property hold sentimental values. We understand that our products help sell your brand and by offering a “copy” is beneficial to seal the deal. However, there have been sellers that cancel/breach/expire contracts with agents and then use the images for FSBO or even another agent!
Protect YOUR investment and protect OUR rights!
DO NOT GIVE/SELL/TRANSFER A COPY OF ANY PRODUCTS!
WHAT WE PROVIDE TO YOU ARE LICENSED TO YOU AND YOU ONLY!
If any agent/broker or anyone else is requesting a copy of the files, for your listing, for any reason, you must provide our contact information so they can license the files from us legally. Your license does not allow you to sell, give, transfer or assign the files. You have the right to refuse any agent/broker/person the use of the files. We respect/protect your investment and we expect you to respect/protect our rights as a photographer.
IF YOU HAVE ANY QUESTIONS, COMMENTS OR CONCERNS, PLEASE CONTACT US @ firstname.lastname@example.org