Understanding Photographic Copyright
The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the USA.
The Copyright Act protects photographers by giving the creator of the photograph exclusive rights to copy, edit and distribute the images by sale or transfer.
These Exclusive rights make it illegal to copy, scan, edit or share photographic prints and digital media without the photographer’s permission. Violators of this Federal Law are subject to its civil and criminal penalties.
Be sure to discuss your copyright needs or questions with your photographer; reasonable requests may be accommodated.
For more specific information, please follow this link: https://www.copyright.gov/title17/title17.pdf
What is Copyright?
Copyright is the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (such as literary, musical, or artistic work). This includes photographs.
Who owns the Photo Copyright?
In short, any photographer you work with does.
However, it is important to review the information here for more information on US copyright laws and the usage license you get when I produce marketing material for you and your listing(s).
For more info, please review the PPA info on Copyright: https://www.ppa.com/understanding-photographic-copyright
The Law...
Copyright law traces its origins back to the United State Constitution. Article 1, Section 8, Clause 8 states "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."
The basic framework of the United State copyright law is established in the Copyright Act of 1976 and further detailed in Title 17. This gives photographers the exclusive right to reproduce their photographs (including making copies) and bans sharing on social media without the creator's permission. The Copyright Act also goes on to give photographers copyright protection from the moment the image is created. And, last but not least, the Copyright Act establishes copyright as a property right.
What does all this mean for you, the client?
Just because you have hired a photographer to capture images of your listings, family, event, etc., it does not mean you own the images. When you hire photographer, you paying for the photographer's professional time, knowledge and gear used to capture your imagery. you may or may not have seen or heard of this before, but, in general, this is often invoiced as a Photographer Fee or Creative Fee!
Even after you purchase a printed image, digital downloads or photo package from a photographer, you have only purchased that set of images, and you do have the legal ability to reprint, make copies, edits to, distribute (via 3rd party publications, invitations, Christmas cards, etc.), or post on social media.
In order to legally use your images you must have a signed print release (photography license) from the photographer giving your exact permissions for use of their intellectual property. If the image was taken for a school, sports team, or other types of groups, contact them and see how you can use the images.
Reproducing photos without permission can result in civil and criminal penalties.
Read below to see the rights I am granting you.
Your Real Estate Photography License...
As the commissioner of this photographic work, you, the agent, will receive a non-exclusive license to distribute imagery in all forms of digital media and print flyers as it relates to directly marketing the home you are actively selling, including your social media accounts by giving credit and linking back to my social media accounts. All print flyers and/or marketing of this home in print requires the following credit line in 8-10 pt font: Photos by Paul Abell via Abell Images Real Estate Marketing. While you are actively promoting the sale of your listing, you may use any image on digital billboards which I think is a great way to reach a larger target audience.
Once the home has sold, you may keep the imagery you previously uploaded to your social media accounts active, as long as proper credit and backlinks are not removed. You may not distribute the image to a third-party. All third-party usage beyond what is granted here and below must be directed to me.
In the case the home doesn’t sell, and it is listed with another agent, you may keep the imagery on your social media, with the previously mentioned backlinks and credit –– remember this is your brand as a realtor, and I support you promoting that. With every plan other than a Custom plan, you are required to purchase each image for print marketing. It, too, will require the following credit line: Photos by Paul Abell via Abell Images Real Estate Marketing
All agency marketing beyond the initial listing and backlinks to my social media and credit requires a print and/or digital image purchase for each and every image used beyond the property’s sale or re-listing.