My 卖家 hired a photographer to take professional photos of their property. The photographer provided multiple shots of their backyard pool and landscaping, but together we selected only one for the property’s 市场营销 materials and the 美国职业足球大联盟. I’d like to use one of the extra photos for my business’s 市场营销 materials. Since it’s my listing, can I use the photo and credit the photographer?
No. Your 卖家 hired the photographer to take listing photos and they are the ones who entered into an agreement with the photographer. Merely crediting the copyright owner does not protect you from a copyright infringement claim.
通过他们与摄影师的协议, your 卖家 may own the photographs outright or simply have rights to use the photos for 市场营销 the property.
和你的卖家谈谈. 如果你的卖家拥有照片, you should ask them for permission to use one in your 市场营销 materials. But if they only have rights to use the photographs, you should contact the photographer directly. 在这两种情况下, you should get permission in writing and ensure it allows you to use the photograph in the way you want.
完全同意,对此没有异议!
这个问题还有另一个层面, 这就是, 如果有人, may use the photographs to market the property once they have been used by an agent to do so. 一些(如果不是全部的话)mse认为他们, 而不是经纪人,卖家或摄影师, 一旦照片在美国职业足球大联盟上发布,就拥有版权. They also hold that a second or subsequent agent to market the property cannot use the photos on another listing without the permission of the agent who first used them, 而不考虑到底是谁为它们买单或拥有它们… 阅读更多»
Actually, the 美国职业足球大联盟 can say they obtain the copyright of any photo uploaded by the agent. 然而, the agent does not have the right to pass on copyrights or change any contract or licensing agreement of the photographer (or ignore basic copyright law) . 把它想象成音乐. YouTube can’t put language in their uploading agreement saying they get the full copyright to any music users upload. No artist would be expected to give up their full copyright because someone with temporary license uploaded it on a music video. 这是一样的. 美国职业足球大联盟正试图保护… 阅读更多»
Sen this to my professional photographer who agrees and so do I.
I hire professional photographers and have always asked what their policy is. I do not like to use a photographer that does not give me the right to use the photos for 市场营销 in the future. While I may never use those photos again or use very few of them for those I do I want to highlight that I go above for my clients when I list their house. My understanding is that once I load a photo even ones I took into 美国职业足球大联盟 they get the my board’s copyright logo. 我从来不用那些带有那个标志的照片.… 阅读更多»
The 美国职业足球大联盟 cannot legally claim copyright just by saying they do. The photographer keeps the copyright unless they give exclusive rights to the agent or anyone else. Independent professional photographers typically maintain their copyright and give the agent license to use the photos for the duration of the 市场营销 of the property. 摄影的定价是基于使用. For exclusive ongoing rights, the value of that sale would generally be more the twice the cost. 这有点像我, 作为代理人, 折扣我的佣金, because the buyer/seller thinks a higher commission is just a ripoff and they will… 阅读更多»
问题, you mention the photographer and the seller are the ones that are in an agreement, but is that different when the agent is the one personally purchasing the photos and not the seller paying?
我个人为我的列表上的专业照片付费. I won’t pay for something I don’t get to keep, and own, for as long as I want to own it.
我想知道,如果把我单独拥有的财产, 在这种情况下,照片, 在美国职业足球大联盟, 我失去了拥有和控制我的照片的权利?
Can an attorney for MetroTex Association of Realtors reply to this question?