Real Estate Photography image rights

Started 7 months ago | Discussions thread
Ryan Steel Regular Member • Posts: 145
Re: Real Estate Photography image rights

Sagittarius wrote:

Ryan Steel wrote:

Forgive my bluntness, but it sounds like you are only upset because your client did not use you to create the home tour. Instead, your client used someone who charges much more than you do. So?

While I do not know what your contract with your client specifies, I can tell you that most (if not all) RE photography contracts allow the listing agent/broker to use the photos in almost any form as long as it is in the context of marketing and selling the home. It would be ludicrous to expect otherwise.

If your client were to hire an expensive graphics designer to create a magazine advertisement (or advertorial) using your photos, would that also upset you? Are you going to go after the graphics designer and magazine for copyright infringement because they are making more money than you?

How can you be shooting for real estate agents and not know the answer to your own question? Don't you have a contract with your client? What does the contract specify? Are you a famous, recognized photographer who needs to protect their IP? It's just a real estate shoot, my friend. Get off the pedestal.

You cannot create something and make money out of it using somebody's else pictures without permeation. It has nothing to do with agent but has everything to do with graphic designer.

Not when the agent has the rights to use the photos in the course of marketing the property for sale. That covers all uses. I'm a Realtor. I hire photographers all the time. I know how photography in this business works.

The magazine would be making money by charging the agent for the ad space. The designer would be making money by designing an ad for the agent. Neither is violating anyone's copyright by performing work-for-hire for the agent and selling advertising space. The agent, remember, has (or should have) a license to use the photos in all situations for selling/marketing the home for sale. The only person making money from the actual images here is the photographer. Everything else is a legal and permissible use if using the most common form of contract language used in this business.

The other bit of advice I would give the OP—do not take advice from anyone who is not in this actual business of real estate or real estate photography. They would only be speculating without actual knowledge, and 90% of the time they would be wrong.

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