As a real estate agent, you know the importance of having high-quality photographs to showcase your properties on your website and social media (that’s where we come in)! But did you know that using a photographer's licensed images without permission can have legal implications? At OM Media, we understand how important it is to have high-quality images that showcase your properties in the best possible light. Knowing the basics of using a photographer's licensed images for real estate photos and making sure you have the proper licensing is equally important to avoid putting your brand and reputation at risk.

What is Real Estate Image Licensing?

In real estate, images are a crucial element when marketing a property. However, it is important to remember that images obtained from a professional photographer or firm, such as OM Media, cannot be arbitrarily used – even by the person who paid for them.

With that being said, what is a licensed image? A licensed image is a photograph that has been created by a professional photographer and is protected by copyright law. The photographer retains the rights to the image, but they can grant permission for others to use the image through a licensing agreement.

Last year, Zillow was ordered to pay $1.93 million (and interest) when an Illinois-based photography company sued them for copyright infringement. The photography firm asserted its ownership rights of the listing photographs, and that brokers are granted non-exclusive to use the photographs solely in connection with marketing active property listings.

Learn more about copyright laws in REALTOR® Magazine’s article “Protect Yourself Against Copyright Claims.”

What You Should Know About Real Estate Photography and Image Licensing

**1. The photos are the intellectual property of the photographer**

When you hire a photographer to take photos of your properties, the photos they take are their intellectual property. This means that even if you paid for the photographer's services, you do not automatically own the rights to the images they took, and you cannot use those photos without obtaining the proper licensing or permission.

**4. The photos are licensed by the photographer**

Image licensing is the legal agreement between the photographer and the client that grants the rights to use the images. So, how do you obtain the proper licensing or permission to use a photographer's images? The photographer will typically provide you with a licensing agreement or contract that outlines the terms of use for their images. This agreement will detail how the images can be used, how long they can be used for, and any restrictions on their use.

**3. Understand the agreements with the photographer**

When engaging a photographer for real estate photography, it is important to review and understand their licensing agreement. Additionally, it is important to consider the length of the license, as well as the geographic area where the images can be used. Furthermore, it is important to ensure that the photographer has the right to transfer the license to the client and that the copyright remains with the photographer.
It's important to read and understand the licensing agreement before using any of the photographer's images. Violating the terms of the agreement can result in legal action being taken against you, which can be costly and damaging to your reputation. Understanding these agreements is essential to ensure that your real estate photography project is successful.

**4. Give credit where credit is due**

In addition to obtaining the proper licensing or permission, it's also important to give proper credit to the photographer. This can be done by including a photo credit line on your website or in your marketing materials. Not only is this good practice, but it can also help promote the photographer's work and lead to future business opportunities.

OM Media’s Real Estate Image Licensing Terms

Each photographer or photography firm you work with may have different agreements in place. The National Association of Realtors (NAR) provides some sample agreements.

You can find OM Media’ real estate licensing terms when booking a photo shoot online (acceptance of these terms are required to book the shoot):.

Images or video shot by OM Media, LLC for a scheduled shoot may be used by the agent for the life of the listing. After property is sold, agent no longer has rights to images or video.
Images or video for scheduled listing shot by OM Media, LLC are non-transferable to other agents, including agents within the same brokerage.
Images or video shot by OM Media, LLC are to be used exclusively for marketing of scheduled shoot or for marketing of booking agent

These terms are for real estate listing photos only. When images are purchased for commercial, website, or commercial marketing use, a photo licensing agreement that outlines more detailed usage and fees of the licensed photos must be acknowledged and signed by the client and OM Media. If you are uncertain at any time about your right to use OM Media’s, or any professional photographer’s photos, always contact the photographer for clarification and permission before using the photos. In this case, it is always better to ask for permission than beg for forgiveness (and face legal ramifications).

Why Photographers Don’t Just Give Their Photos Away

Now that you understand how copyright law and license imaging gives photographers exclusive rights to their images, and that they decide who can use them and how, you may be wondering why professional photographers don’t just give away their photos to their clients to use whenever and however they want.

Real estate photographers maintain the rights to their photos for various reasons:

1. These photos are a result of the photographer's creative work, and they have the right to protect their intellectual property.

2. Professional photographers invest in expensive equipment and spend considerable time and effort to take high-quality photos that showcase a property's best features.

3. Giving away photos could lead to the misuse or alteration of their work, which could damage their reputation as a professional photographer. Therefore, it is crucial for real estate photographers to maintain their rights to their photos, as it allows them to maintain control over their creative work and ensure that they are fairly compensated for their efforts.

4. By keeping ownership of their images, photographers can ensure that their work is not used without their permission. Copyright law also protects photographers from having their images used without their permission or without compensation.

Wrapping up

In conclusion, image licensing is a fundamental aspect of using images in your real estate business. Breaking copyright laws can lead to costly legal issues and tarnish your reputation in the industry. Using a professional photographer's licensed images for real estate photos requires obtaining the proper licensing or permission and giving proper credit to the photographer. By following these basic guidelines, you can avoid legal trouble and showcase your properties with stunning, high-quality photographs.

Let OM Media help you market your next listing with professional, licensed photos.

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