WHO OWNS THE PHOTOS?

Under the Federal Copyright Act, photographs are protected by copyright from the moment of creation. Photographers have the exclusive right to reproduce their photographs. Unless you have permission from the photographer, you can’t copy, distribute (no scanning and sending them to others), publicly display, or create derivative works from photographs. Professional photographers are dependent on their ability to control the reproduction of the photographs they create. It affects their income and the livelihood of their families. Even small levels of infringement can have a devastating impact on a photographer’s ability to make a living. Copyright infringements and reproducing photos without permission can result in civil and criminal penalties.

LIMITED LICENSING

The service agreement is a Limited License Release. Only the licensee has permission to use the images.

The photographer issues a limited license for the client to use the images under this contract in his or her MLS listing and in other promotional materials intended to sell the property under his/her current contract with the property owner. Those images may NOT be transferred to subsequent listing agents or the client in the event that the property does not sell under the terms of the current contract. Images cannot be sold to another agent who takes over an expired or withdrawn listing.

I offer exclusive licensing of photos for use by the purchaser and photographer for an additional commercial use fee. This licensing means only that the Client and the photographer will have use of the photos and they will not be permitted to sell/give/transfer or license elsewhere not by the photographer or Client.

• Builders, stagers, designers, or “third parties” that wish to use images must contact the photographer directly for licensing and fees.

• Photo credit must be given to Kaylen Van Dyke when used on any and all social media sites, websites and any print marketing.

• Unauthorized use of images is a copyright violation.

What can't the agent do?

Even if an agent has a copy of the photograph, they cannot give it to any person or entity to use that is not outlined in the usage license. Only the copyright holder can grant further licensing. The photos have in essence been rented as outlined by who can use the photos, for what purpose and the time frame in addition to any other stipulations. The licensee cannot assume more usage than they are granted. They also cannot transfer the usage to someone else.

INFRINGEMENT

Home sellers and buyers may certainly request a copy of the photos from photographer only. Licensees may not give rights to, give copies or 'transfer' the photos to anyone else. Please have home sellers and buyers contact me.