Who Owns Real Estate Photos? Understanding Ownership and Usage Rights
After obtaining the real estate photos, and putting up the listing on the MLS, you might be curious about the ownership of these photos. The question arises whether the ownership lies with you or the photographer. Generally speaking, the photographer who took the photos is the rightful owner. Nevertheless, you might have permission to use the photos due to a licensing agreement. However, in some cases, the photographer may transfer all the photo rights to the purchaser. To gain more insight into the usage of real estate photography and their ownership, keep reading.
Real estate photography ownership
The ownership of real estate photographs can differ significantly, and the conditions for their use can be perplexing. Certain photographers may demand written consent for using these images beyond advertising a particular property, whereas others may transfer the photo rights completely. It is crucial to comprehend the ownership of real estate photos and their permissible usage post the sale of a listing.
Who can own real estate photos?
The ownership of real estate photographs is determined by the photographer and the terms of the contract. Some freelance photographers keep ownership of their images but permit real estate agents to use them for certain purposes, preventing the agents from using the images to promote their businesses. On the other hand, certain photography firms transfer the copyright and licensing rights to the agents, which may seem beneficial to the agents, but there are downsides to this arrangement. The advantages and disadvantages of each ownership type will be discussed in the following sections.
Types of ownership
When selecting a professional photographer, real estate agents should be aware of two types of photography ownership. Copyright and licensing ownership vary greatly and impact how an agent promotes their listing and business.
Copyright ownership
If a person takes a photograph, they have complete ownership of the copyright for that image. This means that even if you purchase pictures from a photographer, they will still have the copyright. Having copyright ownership can be advantageous for real estate agents, as it can protect them from other agents using their photos without permission. For instance, if a previous listing agent tries to use old photos to sell the same property, they cannot legally do so as they do not own the images. The photographer can handle any issues related to the improper use of the photos, avoiding the need for cease and desist letters. Some real estate photography companies keep the copyright ownership but allow the agent to use the images for marketing purposes, while others pass the ownership to the purchaser of the images.
License ownership
When a photographer gives specific image use rights to a buyer, it is known as licensing ownership. The licensing agreement outlines the guidelines for the real estate agent to use and distribute the photos. It is important to inquire about the licensing agreement before hiring a real estate photographer. If the agreement only permits the use of images for listing purposes, alternative providers may need to be considered. It is best if the license allows for the promotion of the listing and marketing of the business with the real estate images.
What are ownership agreements?
A document that details the rights of each owner involved is known as an ownership agreement. In the field of professional photography, clients are provided with such an agreement by their photographer, which clearly specifies the terms governing the usage of the images. In case the photographer fails to provide this agreement, it is advisable to inquire about the rights associated with the images and even draft a contract from one’s own end.
What’s the best agreement for agents?
As a real estate agent, it’s crucial to have a solid visual marketing database. Consider hiring a photographer who provides unlimited licensing of real estate images but maintains copyright ownership. You can freely use your photos, but if another party steals your pictures, the photographer can handle the legalities.
Use Havah.
For real estate agents, the copyright policy offered by Havah is a top-notch choice. By teaming up with Havah for their professional photography needs, agents gain access to unlimited usage of their images. Havah also promotes the unrestricted use of these images for marketing and branding purposes. At the same time retaining the copyright ownership to take action against any instances of image theft on behalf of the agents.
