VERY IMPORTANT INFORMATION
Photo Ownership
COPYRIGHT INFORMATION
Links to view for more reading about Photography Copyright:
Who Owns the Copyright for Real Estate Photos
Copyright and Licensing Real Estate Photography
Wait! That’s my Listing Photo- Article from NAR
So, you booked a shoot for a listing and paid for photos to be taken. Now you don't have the listing any longer and another Agent wants to use them. You think because you paid for photos that possibly you own them so you sell them to that other person. But actually - you can't. That's copyright infringement (Read about the CASE Act*).
Real Estate Photography Copyright & Photo Licensing
Every photo I create is protected by U.S. copyright law from the moment it’s taken. When you book a shoot, you’re paying for a license to use the photos, not ownership of them. Think of it like music: you can play the song, but you can’t resell it or hand out copies. Keeping copyright with me is what keeps my pricing affordable for you.
What your license includes
Residential listings: use the photos for as long as the listing is active, to market that property under your current listing agreement.
Commercial projects: use the photos for the time period stated on your invoice.
Where you can use them: the MLS, Zillow and other listing sites, your website, social media, email campaigns, flyers and print marketing.
Photo credit: whenever the photos appear on social media, please credit or tag Robin Gatti Photography.
What your license doesn’t include
Giving, selling or transferring the photos to anyone else, including another agent, a stager, a builder or a homeowner.
Using the photos after the listing expires or is withdrawn, or for a different property or purpose.
Removing my watermark or photo credit, or editing beyond simple cropping, without checking with me first.
Stagers, builders, designers and other vendors
Vendors need their own license, and only I can issue it. Even if a photo is easy to download, it isn’t the agent’s to share.
Example: Agent A books me to photograph a home. The builder of that home would love to use the photos. Agent A can’t pass them along, but the builder can license them directly from me.
The easy way to handle this: tell me who’d like the photos when you book, and I’ll add them to your invoice at a simple per-vendor rate.
If another agent takes over the listing
If a listing expires or is withdrawn and a new agent takes it on, the original photos can’t be transferred to them. I can re-license them only if the original agent agrees. Since the fee is the same as a fresh shoot, I recommend a new session, and the new agent gets photos made for their own marketing.
Homeowners
Keepsakes: sellers and buyers are welcome to request a copy of their photos from me for personal keepsakes.
Selling on their own: a homeowner who decides to sell For Sale By Owner can purchase a license for the existing photos.
Hiring a new agent: if the homeowner later lists with an agent, just let me know, and I’ll license that agent to use the photos while the listing is active.
My rights as the photographer
I keep the copyright to every image and may use it in my portfolio, website, blog and social media. The seller’s listing agreement gives the agent permission to photograph and market the home. The seller doesn’t receive rights to the photos themselves.
Please share these terms with your sellers
My copyright terms appear on every invoice and at the top of my booking page. Agents are responsible for letting their sellers know how the photos can and can’t be used. If you have questions, please ask before the shoot.
What happens when photos are used without permission
Sometimes people assume a photo online is free to save, reuse or pass along. Unlicensed use can lead to:
a request to take the photo down
a bill for the license that should have been purchased
a claim through the U.S. Copyright Office’s small-claims board (the Copyright Claims Board), with awards up to $30,000
a federal lawsuit, where damages for willful infringement can reach $150,000 per photo
Removing a watermark or photo credit can bring separate penalties under federal law.
Questions about using your photos? Just ask. I’m always happy to help find the right license.