Includes:
It has come to our attention that some clients care about what is done with photos and videos long after a home or condo is sold. Basically, U.S. copyright law says that when someone takes a photograph, they become the copyright owner of the image created.
This means that our clients purchase a license to use the photos and/or videos for the commercial purpose of selling or renting a home during the term of a listing contract. The copyright is not transferred to you or any other party unless specific written agreement is made. In other words, images cannot be sold by our clients to another agent who lists the property after you. Kindly refer them to us and we will be happy to re-shoot the property for them or re-sell our stock images to them if need be. We are all in the business of making the home buying and selling process as easy as possible and that applies to real estate photography as well. Every possible effort will be made to make each listing appear unique even if we are forced use a stock photo or two due to weather, people in community pools, etc.
If you must control any subsequent uses to the photos and videos we make for you, then you need to own the copyright to the images for exclusive use. Make sure to let us know your specific needs so we can charge for and file them accordingly.
Rights of Client:
Use of product by client and client’s multiple listing service for marketing and sale of the property during the term of Client’s listing agreement or for purpose of renting a vacation rental. You agree that the rights to use the products have been granted only to you for the purpose of selling or renting the property. You agree not to transfer, assign or sublicense your rights to use the products to anyone without written permission.
If you have paid in full, you have the rights to use the products for the designated purpose. Our fee is payable upon the delivery of the products. If payment is not made within 30 days from the date of delivery, the rights granted to you will terminate automatically.
When you receive the products, please check them to be sure they are acceptable. Any additional services requested after delivery will incur an additional fee after 7 days of receipt. To avoid misunderstandings, you agree to notify us in writing within 7 days of receipt if you believe they are not acceptable, in which case our sole obligation will be to fix/replace the photos.
You agree that we will remain the owners of all the copyrights in the products. ALL PHOTOGRAPHS ARE THE COPYRIGHT OF THE COMPANY, KRAMERICA, ENTERPRISES, INC. This agreement does not transfer copyright to you. You agree we reserve all rights not granted to you by this agreement. Your rights permit you to post our products on multiple listing services, social media for selling the property, however your rights do not permit third parties to copy, display or distribute our photographs for the purpose of providing services competitive with the product you have purchased from us unless we give written permission.
If anyone asks you for any rights to the products, you agree to refer them to us. If we agree to allow others to use the products, an additional licensing fee may be required.