How Copyright and Licensing of Real Estate and Commercial Photography Work

The products of creatives like musicians and photographers are under copyright protection through the U.S. Copyright Law immediately after their creation in a tangible form. It can be challenging to understand the Copyright Law, but it is necessary to have knowledge of it, especially with the abundance of material made available on the internet.

If you are going to hire a photographer for your listing or advertising campaign, the first thing you should know is that the use of the photographer's work depends on their terms and conditions as the copyright holder. The following are other essential things you have to learn about copyright and licensing standards in the photography industry.

The Photos Are the Intellectual Property of the Photographer

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.

In real estate photography, consent to use the images lasts until the listing expires. On the other hand, commercial photography is a lot trickier. Before I sign up for commercial work, I need to discuss options with my clients, such as when they want the full rights to use the images. 

What Are Your Rights

If you avail of my company's real estate photography services, you will find my detailed terms and agreements in the invoice I send you. In a nutshell, after paying for the products, you have my permission to use them for advertising, like posting them on social media or putting them in magazines until the listing expires.

For commercial photography, usage would depend on our agreement. Considerations include where the images will be used, who can use them, and for how long. If you want to get the full rights to commercial photography images, be ready for a higher price, depending on the project.  

Agreements with the Photographer

Seek the photographer's written permission before doing anything with their products that is not within your rights. For instance, you cannot give the images to a third party or another agent without the photographer's authorization.  

Reproducing, distributing, displaying, or selling the photographer's products without their written consent violates their copyright. Transferring your temporary license to other people without the photographer's permission is also against the law.

The License to Use the Images

Photographers allow their photos to be used for commercial purposes through licensing. After meeting the payment agreement, a license is practically a legal document that a photographer gives you. What you pay for is a temporary license to use the pictures. 

Listings have limited use and distribution. If you do not have the listing anymore, you will lose the rights to the images. When an agent wants to use the photographer's products again after the listing has already expired, they have to discuss the relicensing terms, including a licensing fee.

Cost of a License

There is no definite amount for a license as it depends on the number of images, their value, distribution, or the possible return on investment. A real estate license has a lower cost than in commercial photography in the industry. It is because the images do not sell a brand and they have limited use.

Commercial Photography Pricing

In commercial photography, pricing depends on the quality of work a project requires. For instance, vacation rental images may not be as expensive to produce as restaurant photos. However, buying the full rights to pictures - if you want to - maybe costly all the same, like triple the price of a temporary license, but you can do anything with the photos as the new copyright holder. 

Helpful Video Links on Copyright and Licensing of Real Estate & Commercial Photography Work

Sample of Our Commercial Photography

Commercial Work is a custom price, on a per-job basis. For example, homeowners, short-term rental marketing photos, and builders. Please contact us to discuss options. Email at support@realestatephotographerpro.com.