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Real estate photography copyright

Real Estate Photography Copyright & Licensing 101

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Home Visions Media

December 19, 2023

Understanding Real Estate Photography Copyright & Licensing

When it comes to real estate photography, copyright and licensing can seem complicated, but it doesn’t have to be. At Home Visions Media, we’re here to break it down and make it simple for you. Let’s face it—many people skip the fine print, but understanding the basics of copyright and licensing ensures you avoid sticky situations down the road.

While we can’t speak for other photographers or videographers, our copyright and licensing terms are based on industry best practices. Here’s what you need to know to protect yourself and use your real estate media the right way.

Copyright and licensing refer to the terms agreed upon between you and your photographer regarding how you’re allowed to use the media they create.

It’s a common misconception that paying for a shoot means you own the photos outright. That’s not the case. When you work with Home Visions Media, our pricing model is structured around the intended use of the photos while you’re actively marketing the property. Here’s what that means for you:

  1. You CAN use the photos to market the property through digital and print channels, including mailers, social media posts, and email campaigns.
  2. You CANNOT use the photos after the property is sold or rented.
  3. You CANNOT use the photos to market yourself, your brand, or your services outside of the property listing.
  4. You CANNOT transfer ownership of the media to another agent representing the same property.

Our Residential Real Estate Photography Copyright Agreement

Here’s an excerpt of the copyright terms you agree to when booking with Home Visions Media:

“[Client], who purchased a license for these photos, is hereby authorized to a worldwide, limited, fully-paid license to use said photography for the purposes of marketing [FullAddress] for as long as [Client] represents the property. [Client] is also authorized to include said photography in mailers, listing presentations, and property brochures of [FullAddress]. Additionally, [Client] is authorized to include said photography in digital and print marketing to advertise their representation of [FullAddress] in just sold, monthly, half year, and annual recaps. Photos used for any purpose not strictly related to their representation of [FullAddress] through mailers, listing presentations, and property brochures requires direct permission from the [TeamMember]. Terms and necessary fees will be assessed and agreed to in writing. [Client] is not authorized to include said photography in personal branding outside of marketing their representation of [FullAddress]. The license does not grant or constitute a transfer of ownership for any intellectual property rights, which are all explicitly held by [TeamMember]. For Commercial Clients that have a pre-existing contract, please disregard this message.”

This agreement ensures you can market your property effectively while respecting the intellectual property rights of the photographer.

Why Does Copyright & Licensing Matter?

Pricing for real estate photography is based on several factors, including skill, equipment, and most importantly, the intended use of the media. When you pay for real estate photos, you’re paying for a license to use them specifically for marketing the property—not for unlimited or personal use.

Here’s an example to clarify:
Imagine you have gorgeous photos taken of your nicely staged property. You’re allowed to use them for:

  • Digital and print marketing to advertise the listing.
  • Social media posts advertising the listing.
  • Open house promotions.
  • Direct mail campaigns for that specific property.
  • Annual mailer showcasing the properties your represented.

However, you’re not allowed to use those photos to post about how great your staging team is or to promote your general brand—unless you’ve explicitly negotiated that in your agreement. Even if you tag the photographer, you could still be violating the agreement.

What You Should Do

If you’re unsure about the copyright and licensing terms for your real estate photos, always ask your photographer. Common misconceptions like “I paid for them, so I can do whatever I want” or “I’ve never been caught before” can lead to unnecessary issues.

At Home Visions Media, we offer flexible licensing options if you’d like to use your media for personal branding or promotions beyond the original property listing. Just reach out, and we’ll find a solution that works for you.

Common Copyright & Licensing Options

Here are some of the most common licensing options offered by photographers:

  1. Digital Use Only: Photos can be used for online platforms like social media, email campaigns, and websites, but not for print materials.
  2. Print Use Only: Photos can be used for print materials like brochures, mailers, and magazines, but not for digital platforms.
  3. Unlimited Use: Photos can be used across both digital and print media, offering the most flexibility.

It’s important to discuss these options with your photographer upfront to ensure you choose the license that fits your needs.

What Happens if You Violate Your Copyright & Licensing Agreement

Violating your copyright and licensing agreement can have consequences, including backpay for unauthorized usage. While we don’t actively monitor every agreement, the terms are in place to protect both your investment and our work.

Think of it this way: You wouldn’t want a seller using your expertise and resources, only to terminate your contract and sell the home on their own. Similarly, photographers rely on copyright agreements to ensure their work is used fairly.

Key Takeaways

  • Ask Questions: If you’re unsure about your licensing terms, always check with your photographer.
  • Stick to the Agreement: Avoid making assumptions about what you’re allowed to do with the photos.
  • Talk to Us: Need to use your media beyond the original agreement? Let us help you with flexible licensing options.

Check out our website, and book your shoot today!

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