Real Estate Photography image rights

Started 5 months ago | Discussions thread
ampimagedotcom
ampimagedotcom Contributing Member • Posts: 781
In exchange for...

Generally, it would be called the "contract" between the two parties.

Okay, so a "Work Made for Hire" agreement that isn't actually one because it does not fall into the “Work Made for Hire” category, is called a "contract" between the two parties... in the USA.

I would say it was a sort of 'Work Made for Hire' agreement, rather than actually call it a "Work Made for Hire" agreement... like I did here: https://www.dpreview.com/forums/post/66273013 - just so you know.

For instance https://www.rocketlawyer.com/business-and-contracts/service-contracts/creative-freelance-contracts/document/photography-contract is a sample contract where the client pays for the photographer to take the images, the only deliverable is a "look book of proofs" or sample files. If the client actually wants any images, that's an extra cost.

I would say this is where the photographer asks the client to pay them for their time to do the work in exchange for "proofs and/or a lookbook” only.

https://www.wordtemplatesonline.net/photography-contract-templates/ is a contract where the photographer is paid for hourly services, and transfers the image copyright to the client.

I would say this is where the photographer asks the client to pay them for their time to do the work in exchange for All Rights.

https://www.approveme.com/contracts/photography-contract-template/ specifies that the photographer retains copyright, grants the client a non-exclusive limited license for non-commercial use, and even requires a photo credit for any publication. Furthermore, the contract contains a model release from the client to the photographer allowing him to use their likeness in a an unrestricted commercial fashion. Furthermore it contains a contractual prohibition on the client even selling a print without the photographer's permission. The client is not allowed to alter any of the images, although the photographer can alter the images.

I’m not actually sure what the photographer is asking the client to pay them for here - besides "to provide the following services:” and for "expenses incurred while performing such services:”... in exchange for the Rights to use their images… for 'personal use only'.

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