From time-to-time issues relating to photo usage rights arise — here are a few examples:

R

Example A

The seller of 123 Main Street just loved your photos! Could I give them a copy as a keepsake now that their home is sold?

Q

Example B

The contractor who installed the new kitchen at 456 Main Street thought your photos of the kitchen were great! Can the contractor use your photos on their website?

Q

Example C

Sadly, I did not sell 789 Main Street that you photographed for me. The Home Seller loved your photos though and would like to have their newly appointed listing agent use the images. I don’t like this idea… do you have any policy concerning this?

A Summarized Version of the Photography Usage License Agreements

(for Real Estate Agents, using the above examples)

  1. South Bend Realty Photo always owns the copyright and usage rights for all the images. Always.
  2. You get to use the images in whatever way you need to promote the sale of the home
  3. You can use the images (and Tours) to promote yourself as a listing agent, i.e., to showcase the services you can provide (through me) to a potential client
  4. You can provide the images to your client after the sale has closed as a keepsake — this is for personal usage only [Example A]. Under no circumstances should you provide the images to your seller if the sale has not closed as this has and will create future copyright issues.

What you  CANNOT do is provide the images to any other third-party (designers, architects, builders, home stagers, other real estate agents etc) to use for their commercial [Example B]. If a third-party is interested in using my images, ask them to contact me and I will re-license images to them for an appropriate license fee.

When [Example C] rears its ugly head, here is what I have been doing… technically as I hold the copyright of the images, I have the right to re-license the images to the new listing agent. But, out of respect for my clients, here is what I have been doing in this situation… firstly, I contact the commissioning agent (my client) and discuss the situation and suggest re-licensing the photos to the new listing agent (or the home seller) for the same price that the commissioning agent paid for the original photo shoot. If the commissioning agent is agreeable to re-licensing the photos, out of courtesy, not obligation, once I receive full payment from the new listing agent I have been crediting 50% of the proceeds of the re-licensing fee to the commissioning agent as a credit towards future services provided by South Bend Realty Photo. The 50% of the re-licensing fee I receive is put towards my ongoing image storage costs (external hard drives & cloud back-up services) to ensure I have all of my photos available in the future.

Photography Usage License Agreements

Real Estate Agent

These terms and conditions set forth our agreement and describe how you may use the photographs we produce for you. 

South Bend Realty Photo (the photographer) agrees to provide you with photographs (which includes floor plan images) that reasonably meet your requirements to list a home for sale. Provided you pay us in full, you will have the following Rights to use the photographs, which constitute the photographs’ Intended Use.

  1. Use of the photographs to promote the sale of the home you are listing for the life of that listing. Photos may be used in the MLS, online, print and other media by you and your Real Estate Broker
  2. Use of the photographs to promote your business as a Real Estate Agent, that is, as portfolio examples to showcase what you as a Realtor can provide a Home Seller or Buyer.
  3. The right to provide the photographs to the home seller or buyer after you have completed the sale transaction. If the listing does not sell, you DO NOT have the right to provide the images to the home seller or any potential buyer. The intended usage of the photographs by the home seller or buyer is for keepsake purposes only, which constitutes personal usage only and is subject to the “HOME SELLER / BUYER | PHOTOGRAPH USAGE LICENSE AGREEMENT” below.

You agree to use the photographs only for their Intended Use.  You agree not to transfer or assign your Rights to anyone without our written permission.

You agree that we will remain the owners of all the copyrights in the photographs and that this agreement does not transfer copyright in the photographs to you.  You agree that all rights not granted to you by this agreement are reserved by us and for us only.  ALL PHOTOGRAPHS ARE THE COPYRIGHT OF THE PHOTOGRAPHER.

If anyone asks you for any of your Rights to the photographs, you agree to refer them to us so we can decide whether to allow the use and whether any additional fee is required.

We agree not to use the photographs in a way that conflicts with your Requirements or interferes with your Intended Use.  If we discover that someone is infringing on our rights you agree to cooperate with us to help us stop the infringement or collect damages.

Home Seller / Buyer

Once the sale of the home is completed, South Bend Realty Photo (the photographer) grants the home seller or home buyer the right to use the Real Estate Photography & Floor plan images of the particular home for PERSONAL USAGE under the following license agreement:

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 United States License. (a human-readable summary is available via the link).

Additional Information related to the Home Seller / Buyer License Agreement:

Attribution — Please attribute the images to “SouthBendRealtyPhoto.com” and for online and social media usage, please provide a web link to the same address.

Home Seller / Buyer Usage Restrictions — Under no circumstances can the Photographs or Floor Plan images be re-used to:
1 list the home for sale by any other real estate agent
2 attempt to sell the home via For Sale By Owner (FSBO)
3 to promote the home (or part of) for rent or lease.

Copyright Ownership — You agree that we will remain the owners of all the copyrights in the photographs and that this agreement does not transfer copyright in the photographs to you.  You agree that all rights not granted to you by this agreement are reserved by us and for us only.  ALL PHOTOGRAPHS ARE THE COPYRIGHT OF THE PHOTOGRAPHER.

If anyone asks you for any of your Rights to the photographs, you agree to refer them to us so we can decide whether to allow the use and whether any additional fee is required.

To request Commercial Usage of our images, please contact the photographer.