Copyright Notice
Lance McFee Photography is the exclusive copyright holder of the image. Full image rights are not sold or granted, clients only receive licenses. Licensing may be obtained for various applications of images, please refer to Photo Rights and Usage for Real Estate Photography.
Photo Rights and Usage for Real Estate Photography
The original agent/client who paid for the service has permission to use the images on any electronic or printed form of advertisement for the promotion of that property. The licensing agreement is valid only for the duration the home/property is listed for sale and cannot be reused without specific written permission from Lance McFee Photography. The agent however, may continue to use those photos for personal marketing and branding (website and electronic advertisements) as a courtesy from Lance McFee Photography. Lance McFee Photography must be made aware, credited, and compensated for any printed publication not owned by the agent prior to use (i.e. Home and Land Magazine, Commercial, Real Estate Website, etc.)
Agents/clients may not sell any images for any reason to any third party, especially to another agent who takes over an expired, withdrawn, or cancelled listing, Image licenses are non-transferable.
Lance McFee Photography reserves the right to re-license the original photos once the listing is sold/cancelled/expired. If an agent does not want their listing photos re-licensed, they must make that known prior to the photoshoot and can discuss purchasing exclusive photo rights at that time.
Failure to pay for the images will result in a copyright infringement/violation. You will be asked to remove the image from any electronic or printed form of advertisement within 24 hours. Failure to stop using them will result in legal action.
Once photos have been delivered, the agent and/or homeowner may not make any digital alterations, editing, or “photoshopping” to the photos unless to crop the images. If there is an issue or concern with editing or the photos please contact Lance McFee Photography, but do not make alterations as this is a violation of copyright.
“Community shots” such as golf course, clubhouse, fitness centers, subdivision signs, etc, may be used and distributed to different agents at the same time. Lance McFee Photography retains all rights to every photo and therefore these shots are stock images. Agents/clients who choose to purchase the community/amenity package may choose a single license for that property or a long-term license to use those images in any future listing in that community. “After all it is better to have the same standard shots across several listings in a specific community, letting the specific property shine for itself.
Types of Rights Transfers
When negotiating fees it is important to understand which rights are being discussed and to distinguish between a license and an assignment. Transfers rights can include:
License – Artist retains copyright but permits client specified rights and uses to the images. License terms typically identify the permitted use, media, duration, and territory. Artist retains all rights not specifically licensed.
Copyright Assignment – Legal ownership of all rights to the images transfers to client. Client is unrestricted in its use of the images across all media for all time. Included are the rights to reproduce, use, display, broadcast, print, edit, transfer, and sublicense the images, as well as to create derivative works. Artist relinquishes all rights, including self-promotion and the right to create works that are “substantially similar” to the works being transferred. Also commonly referred to as “Work for Hire,” although that term more accurately refers to motion images and audio-visual works. Anything less than an assignment of all rights is referred to as a “License.”
Work for Hire – Similar to Copyright Assignment, Client owns all rights and title to the images.
Buyout – AMA recommends clarifying meaning with clients. Can be interpreted as copyright assignment or perpetual license.
License Term (Duration)
Work may be licensed for any length of time. In addition to identifying specific dates of use, some common duration terms are:
In perpetuity – Client is granted use for all time, copyright stays with photographer
Perpetual License – Client is granted use for all time, copyright stays with photographer. Also called In Perpetuity
Unlimited time – Client is granted use for all time, copyright stays with photographer. Also called In Perpetuity
One season – Season length depends on the category of client. Fashion, consumer, etc.
Single use – One insertion / post / use / event, etc.