LICENSING DISCLIMER
Real Estate & Vacation Rentals
Sheila G Photographer Licensing Disclaimer for Real Estate
Use of images by Sheila G. Photography are only to be used by purchasing realtor. Realtor is paying for the right to use images for the duration of the listing agreement. Images are NOT to be sold to homeowner, buyer or other agents.
If listing does not sell or it expires, images are NOT to be sold to another agent that is picking up the listing.
New agents MUST contact Sheila G Photography to purchase images.
Realtor did NOT buy the images, only the right to use them for the current active listing.
Realtor does NOT own the copyright to images and can not sell Sheila G Photography images.
Realtor will be subject to additional fees and reported to the local Real Estate Commission.
This license provides the Client with the limited right to reproduce, publicly display, and distribute the Photos only for promotional or advertising purposes directly related to the sale of the Property. Photos used for any purpose not directly related to the sale of the Property must be with the express permission of the Photographer and the payment of additional fees unless otherwise agreed to in writing.
*By downloading these images you are agreeing to this licensing disclaimer.
Additional Links and Questions
Link to article regarding real estate photos. Informative read. The following 4 questions are taken from this article.
Who owns your real estate photos? | Real Estate Photography Journal (rephotojournal.com)
FOUR COMMON QUESTIONS ABOUT REAL ESTATE PHOTOS:
1. DOES THE MLS HAVE COPYRIGHT OVER MY PHOTOS?
No, they don’t, they just have the right to display them in a limited capacity, i.e. they can only use the photos for the purpose of the sale and promotion of that particular property.
Photographer's images cannot be used in promotions, advertisements, or anything else that is not related to the sale of that property at that moment in time.
2. CAN THE REAL ESTATE AGENT USE THE IMAGES FOR OTHER MEDIA BESIDES THE MLS?
As long as the images are used for the express purpose of marketing the property, they are OK, especially in today’s digital world where photos are posted on the MLS, Zillow, Instagram, and Facebook.
What is not OK is for the realtor to use the photos for other activities not related to the sale and promotion of the property (this is called “Derivative Work”).
Good examples of this would be advertisements that promote the real estate agent or the agency they work for and use photographer's photos. It can be as simple as a banner in their office, a Facebook banner, or a book cover. They are not promoting the property, they are promoting something else entirely and using photographer's photos to do it.
3. CAN YOUR PHOTOS BE USED AGAIN AT A LATER DATE OR BY A DIFFERENT AGENT?
Your real estate photos can only be used one time and only for the purpose of selling or renting the property. They can only be used by the agent that hired you or their brokerage (this again can vary from state to state and country to country.)
4. CAN AGENTS TRANSFER OR ASSIGN IMAGE RIGHTS?
Real estate agents cannot assign or transfer the usage rights of a photo without photographer's express written consent, be it by a bill of sale or contract that specifies usage rights.
The image rights are not theirs to transfer or assign to anyone.
INTENDED USE CHANGES THE PRICE OF YOUR PHOTOS
If you go to any stock photo site, the intended use of the image will change the price. Customers might argue that they already paid photographer for the images once, why should they pay again?
Please note that the images are sold on a per-use basis and usage rights. If customers want to own an image in perpetuity with all usage rights, the price will be drastically higher.