License - Copyright
Guide
(In progress)

How Copyright and Licensing of Real Estate and
Commercial Photography Work

The products we create as photographers are under copyright protection through the U.S. Copyright Law immediately after their creation. 

As photographers, we don't (usually) sell our copyright, we sell licenses to clients to grant them the use of the photographs we've created.

If you’d like to jump around to different sections, you can utilize the Table of Contents below.

Copyright

License

Questions

Videos

Ownership of the artwork
It was created in 1976 by the United States Copyright Law and gave creators control over how their works are used and by whom.

When you take a photo, you become the copyright owner and have the right to choose who can use it and how.

COPYRIGHT

Unauthorized use
If someone uses your photo without permission, like on their website or social media. In that case, this is called copyright infringement and can result in serious legal consequences, including fines and legal fees, which can be up to $150,000.

To avoid copyright infringement, it's important to always ask for permission before using someone else's work.

COPYRIGHT INFRINGEMENT

License

A photography usage rights agreement (or License agreement) is a legal contract that allows the photographer to grant specific use cases to an individual or company under the boundaries set in the agreement. 

As a client, You agree that the Rights to use the Products have been granted only to you. You agree not to transfer, assign or sublicense your rights to use the Products, or the photographs, video or other media contained therein, to anyone without written permission of the copyright holder.

Your Rights permit you to use our photographs, videos, and other media for marketing purposes including multiple listing services.
However, your Rights do not permit third parties to copy, display or distribute our work for the purpose of providing services competitive with our Products unless we give you our written permission. 

Although the work or project is created for a particular business, each individual or business must still purchase a license to use it for commercial purposes. 

LICENSE

For Real Estate Listing
These rights are linked to the lifespan of the listing, as long as you have the listing.
If you no longer have the listing, you are giving up the rights to use the Products.
If anyone asks you for any of your rights to the Products, you agree to refer them to us. If we agree to allow others to use the Products an additional licensing fee may be required.

LICENSE VALIDITY

For Architecture & Commercial
In general terms, a photograph license typically consists of non-exclusive, unlimited, and perpetual rights to use the content in marketing your brand and services in digital and print mediums (not including print advertisements). This may include websites, social media, competition entries, portfolios, annual reports, brochures, etc.

Common questions

Answer: always the photographer
Under the Copyright Act of 1976, every photograph shot is owned by the photographer. As a client, you are provided with a License to use the photos.

Paying for the services of a photographer does not make you the owner of the photos they take unless they hand you over the copyright with a clearly expressed agreement.

Thus, you cannot do whatever you want with the images without the photographer's permission.

Who own the photographs?

Answer: music, software
When you “buy” a song through Apple Music, you don’t actually own the song, but rather, you buy a license to listen to the song for your own entertainment.
Likewise, you don’t own Microsoft Word. You own a license to use the software. 

You don't have the right to resell, give the music or software you bought.
In the same way, the cost of a software license is not the same for one user as for several users.

Likewise, when you purchase a photo license, you are paying for permission to use the photo, as described in your contract, but you do not own the photo. 

Do you have an example?

Answer: licensing
When you book a real estate photoshoot, you're buying a license that grants only YOU the right to use our photographs, videos, and other media for marketing purposes, for the time of the listing

Thus, you cannot do whatever you want with the images without the photographer's permission.

I include a standard usage license with every photo. This usage includes what most businesses need every day, such as website, social media, internal uses, including proposals, printed collateral, and wall displays. This is a perpetual license that does not expire. Additional usage may require additional licenses, which can be added up front or anytime in the future.

If I don 't own the photographs, how can I use them?  

Answer: lifespan & limited usage rights 
A Real Estate photo shoot is cheaper because the usage rights are very limited (only for one house and for the life of the listing only which is usually a few weeks to a few months) 

A Commercial / Architecture photo shoot license is often non-exclusive, unlimited (except ads), and perpetual rights

Why can 't I have the same price as the Real Estate pricing?

Answer: no 
Third-party usage is not permitted (unless properly licensed).
For commercial / architecture: any other parties interested in the final photos should either enter the cost sharing agreement in advance of the shoot to obtain a large discount, or they can license individual photos directly through me after the shoot at the full per-photo rate.

When a third party requests to utilize the images, the client must contact the original photographer. It is a Copyright Infringement if it is used without permission, which would result in a far larger legal expense than just acquiring a license.

Can I Share the Photographs with other Parties?

Short answer: always the photographer
Of course, social media usage is included in the standard license I provide. Please be sure to tag me @emotionandlight

Can I post the photos on social media?

Video

Please take a little time to watch this EXCELLENT video by Matthew Anderson that explains in further detail:

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