I originally created this video to send to my clients, but as I was wrapping up I realized that this information could be beneficial to my peers in the industry because I don’t think that a week goes by where I don’t see a post in one of the Facebook groups talking about licensing of some sort.
I am definitely no expert on the topic but over the years I’ve come to have a very basic understanding of image licensing which has helped me in my own business when it comes to explaining licensing to my clients. The information I share here is essentially my regurgitation of hundreds of different articles I’ve read, videos I’ve watched, conversations I’ve had, and even posts on social media that stood out to me over the years.
Having even just this basic understanding of image licensing has helped me set some clear boundaries for my business and in the eight years I have been shooting real estate and interiors, I have only had to have a licensing conversation two or three times. I am absolutely certain that there are better videos or resources out there that will explain licensing, but nobody has time to search for that information, so I crammed as much as I possibly could in this five-minute video to get you started.
For more video on the business of Real Estate & Interiors photography, subscribe to Jordan’s YouTube channel.
An important factor not addressed here is that Realtors almost always use the photos on the MLS and the MLS will likely have its own requirements regarding copyright, licensing and ownership. See below for an excerpt from our local MLS rules and regs. Do you have recommendations on how to take this into account?
11.5 Media on the MLS.
a) Media is defined as any depiction or expression of works including, but not limited to, photographs, images, drawings, renderings, audio, video, and virtual tours.
b) By submitting any media to the MLS, the Participant and Subscriber represent and warrant that they own the right to reproduce and display the media or they have procured such rights and all necessary licenses from appropriate parties.
c) The submitting Participant and Subscriber grants CRMLS an irrevocable, unrestricted, transferable, perpetual, royalty-free, non-exclusive license (with right to sublicense) to use, store, reproduce, compile, display and distribute the media as part of its compilation.
d) Use of media by any subsequent Participant and Subscriber requires prior written authorization from the submitting Participant and Subscriber or other appropriate party with the legal right to grant such authorization.
Because the MLS wants an irrevocable, unrestricted, transferable, perpetual, royalty-free, non-exclusive license (with the right to sublicense) to use, store, reproduce, compile, display and distribute the media as part of its compilation. the agent needs to purchase the Copyrights. I would include this for an additional cost to the agent. check out this link https://www.nar.realtor/about-nar/policies/mls-policy/use-of-photographs-in-a-multiple-listing-service
Hi Jordan Powers, I love your video about Copyright & Licensing For Real Estate Photography. I’m confused if photographs are considered intellectual property?
Yes photographs and videos are intellectual property
Jordan has about as much knowledge on the topic of licensing as Colangelo has on composition…
I am new to real estate photography. I am completely missing somthing here: if I shoot homes for local realtors, why wouldn’t I just give them full rights to the photos, period? In other words, they’re paying me to shoot their homes and listings. Why wouldn’t I give them FULL rights to the photos they have paid me to produce? I’m just confused. It’s not like a residential photo shoot would result in the photos every being used for anything other than that listing!? Help me understand. Thanks!
GR
Namely because they shouldn’t be paying you to shoot their homes and listings, they should be paying you for the rights to use the photos you’re taking and editing of their homes and listings for the sole purpose of the sale, rental or auction etc. of said home or listing. And, you’re wrong. Those photos could indeed be resold to a third party, used for stock (namely non-descript interior shots and over arching amenity and community shots) as well as for the publicity of that RE’s website…or other publication…all without you seeing another dime, yet, there is your picture that you made 1/70th of your shoot price for making everyone but you money, with no recognition. My licensing is 90 days / or at sale, whichever is sooner. And the RE is responsible for removing the photos and such from the Bright MLS website.