All photographs are the intellectual property of Ellen Davis, Photographer, and may not be used, sold, or transferred by anyone without first entering into an agreement.
Per the recommendations of our insurance provider and the National Association of Realtors, we have created this page clarifying the rights and usage of our photos for real estate and state on our invoices that use of our services is an acknowledgment that our customers have read and accepted these terms.
For day to day real estate photography, it's important to keep the cost down and I have chosen to assign rights for the duration of the current listing period of the home at the time it is photographed. This short term usage of the images facilitates me charging the least amount of money. The longer the duration of rights assigned, the more the photos generally cost. This is why a seemingly simple portrait session can cost more than photographing an entire house listing. It's about the use and duration of the images that sets the price.
In the interest of serving your marketing needs in the most affordable and efficient manner, I have set forth the following industry standard real estate photography licensing of my images. To be clear, the images are not sold to you, they are licensed. This allows me to lower my price dramatically for the time spent shooting and editing compared to other types of photography:
Copyright:
All photos delivered to the client for real estate sales are copyrighted by Ellen Davis, the photographer, and licensed to be used by the realtor / agent / customer for the purpose of advertising and marketing the property during the CURRENT SALE LISTING at the time of being photographed. This license is not transferrable to any other agent or person(s) or entity. Any usage or possession by a third party is prohibited unless approved in writing by the photographer and may be subject to additional fees (or fines if done without permission). This includes but not limited to architects, builders, stagers, designers, sellers or buyers. My photos may not be edited by anyone other than me, other than simple cropping. Please contact me to request additional release for other uses or publication / printing than what is stated herein.
Another realtor / agent /customer who takes over an expired or withdrawn listing and wishes to use my photographs MUST contact me to inquire purchasing a license to use the photographs. The previous realtor / agent / customer does not have the right to transfer, sell, or give my images to anyone else.
Homeowners must request copies of photos if interested from the photographer (owner) of the images and not the realtor.
Requests for purchasing the copyrights of a photograph or set of photographs will be taken into consideration and must be arranged with Ellen Davis.
Copyright resources:
National Association of Realtors
https://www.nar.realtor/ae/manage-your-association/association-policy/copyright-considerations-for-mls-photographs
Best Real Estate Photographers
http://bestrealestatephotographers.com/real-estate-photography-and-copyright-law/
Copyright law basics for photography- United States Perspective
By Nancy E. Wolff, Cowan, DeBaets, Abrahams & Sheppard LLP
https://cdn.ymaws.com/www.csusa.org/resource/resmgr/Chapter_PA/phil_2015_08_06_mats.pdf
Copyright Law of the United States
https://www.copyright.gov/title17/