WHO OWNS THE PHOTOS?
Under current copyright laws, Robin Gatti Photography retains all rights to photos taken of properties. Photos are not to be used by anyone other than licensing person and are not to be edited elsewhere or my logo removed if there is one.
In order to provide you with the best service and support at reasonable pricing, we do not sell our photos for Real Estate Photography. We are licensing use of the photos. My low rates are dependent on using the photographs for a limited period and protecting them by retaining copyright. The service agreement is a Limited License Release. Only the licensee has permission to use the images.
Generally my photos are Licensed for use - *The photographer issues a limited license for the client to use the images under this contract in his or her MLS listing and in other promotional materials intended to sell the property under his/her current contract with the property owner. Those images may NOT be transferred to subsequent listing agents or the client in the event that the property does not sell under the terms of the current contract.*
*Builders, stagers, designers, or “third parties” that wish to use images must contact the photographer directly for licensing and fees.
*Photo credit must be given to Robin Gatti Photography when used on any and all social media sites
*As of 2017, images will not be made available to another agent who takes over a withdrawn listing
*Unauthorized use of images is a copyright violation.
I actually do offer exclusive licensing of photos for use by the purchaser and photography only for an additional fee. This licensing means only that Agent/Client and the photographer will have use of the photos and they will not be permitted to sell or license elsewhere.
Home sellers and buyers may certainly request a copy of the photos from photographer only. Licensees may not give rights to, give copies or 'transfer' the photos to anyone else. Please have home sellers and buyers contact me. By signing with an agent using MidGAMLS F1, Exclusive Seller Listing Agreement, Page 3 of 8, 01/01/17 in Marketing, the homeowner grants the agent the right to do any photos/marketing needed to get their home sold but homeowner acknowledges they have no rights to these items.
Another Agent Wants to Use the Photos
They need to please contact me as I can only give the right to use the photos.
What cant the agent do?
Even if an agent has a copy of the photograph, they cannot give it to any person or entity to use that is not outlined in the usage license. The photos are simply not theirs to give. Only the copyright holder can grant further licensing. The photos have in essence been rented as outlined by who can use the photos, for what purpose and the time frame in addition to any other stipulations. The licensee cannot assume more usage than they are granted. They also cannot transfer the usage to someone else.
Sometimes people just think they can save photos out there on the internet and use elsewhere or give to other agents when they relist- but when someone uses copyrighted material without permission a variety of things can happen. It can range from nothing to take down orders and/or payment including damages to a Federal Lawsuit with damages up to $150,000 per photo. Also be aware that watermark removal is also a crime.
Do I inform the purchaser?
I have listed everywhere my Copyright information. Each invoice has included my copyright information. It is at the top of the Booking Page also. If there are any questions, they should be asked ahead of time. It is the licensee/Agent job to ALWAYS inform the home owner of these terms and conditions so they are aware.
Updated January 2017.