An agent wants to buy 15 front images of various houses from me for marketing purposes. Is that allowed? I am pretty sure I owe the rights to the image, but since it shows somebody else's property...
Thanks.
According to the U.S. Copyright Office, the owner of the “work” is generally the photographer or, in certain situations, the employer of the photographer. Even if a person hires a photographer to take pictures of a wedding, for example, the photographer will own the copyright in the photographs unless the copyright in the photographs is transferred, in writing and signed by the copyright owner, to another person. The subject of the photograph generally has nothing to do with the ownership of the copyright in the photograph. If the photographer is no longer living, the rights in the photograph are determined by the photographer’s will or passed as personal property by the applicable laws of interstate succession.
Tim, the issue of ownership aside, the agent probably doesn't want to "buy" the images outright but wants to "license" them for marketing. In fact it's most likely they don't even need an exclusive.
You could either create a price per image or quote a package price for the set of 15. You'll need to ask the agent some probing questions about budget but if this is for the U.S. I would suspect something in the range of $50 – $150 per image for non-exclusive real estate marketing.
This one is fraught with legal issues here. In the UK/EU if you as a photographer, photographs a building & wishes to use the images for commercial gain you need the owners permission & as such a 'Property Release' Form (similar to Model Release Forms for photographs involving people) duly signed by both parties (property owner & photographer) specifying the actual property. Which waivers the property owners rights to images of said property.
If the images you have taken were commissioned by either the owner or an Estate Agent, Architect etc. then they own the copyright as they commissioned the photographs. Unless they agreed that the photographer can use the images for commercial gain. Again better to get this in writing.
If the photographs of the properties were taken from a public space scubas a footpath or road & were purely for your own pleasure ,then you do own the copyright. But I still wouldn't sell these images on to a 3rd party without the property owners knowledge or consent. There is an 'invasion of privacy' issue here if you don't?
All in all I would inform the property owners or commissioner of the images before considering the proposition.
You could be liable for all sorts of legal challenges from multiple parties.Seek legal advice before proceeding!
as stated you can license the images for specific usage(online only) for a price or give them the ability to use it for any purpose they want for more moeny. some people would charge more or require a 2nd license for other usages. its up to you and what exactly they want to use them for.
According to the U.S. Copyright Office, the owner of the “work” is generally the photographer or, in certain situations, the employer of the photographer. Even if a person hires a photographer to take pictures of a wedding, for example, the photographer will own the copyright in the photographs unless the copyright in the photographs is transferred, in writing and signed by the copyright owner, to another person. The subject of the photograph generally has nothing to do with the ownership of the copyright in the photograph. If the photographer is no longer living, the rights in the photograph are determined by the photographer’s will or passed as personal property by the applicable laws of interstate succession.
Tim, the issue of ownership aside, the agent probably doesn't want to "buy" the images outright but wants to "license" them for marketing. In fact it's most likely they don't even need an exclusive.
You could either create a price per image or quote a package price for the set of 15. You'll need to ask the agent some probing questions about budget but if this is for the U.S. I would suspect something in the range of $50 – $150 per image for non-exclusive real estate marketing.
Good luck.
That would depend on what country you are in as laws vary in different countries.
This one is fraught with legal issues here. In the UK/EU if you as a photographer, photographs a building & wishes to use the images for commercial gain you need the owners permission & as such a 'Property Release' Form (similar to Model Release Forms for photographs involving people) duly signed by both parties (property owner & photographer) specifying the actual property. Which waivers the property owners rights to images of said property.
If the images you have taken were commissioned by either the owner or an Estate Agent, Architect etc. then they own the copyright as they commissioned the photographs. Unless they agreed that the photographer can use the images for commercial gain. Again better to get this in writing.
If the photographs of the properties were taken from a public space scubas a footpath or road & were purely for your own pleasure ,then you do own the copyright. But I still wouldn't sell these images on to a 3rd party without the property owners knowledge or consent. There is an 'invasion of privacy' issue here if you don't?
All in all I would inform the property owners or commissioner of the images before considering the proposition.
You could be liable for all sorts of legal challenges from multiple parties.Seek legal advice before proceeding!
as stated you can license the images for specific usage(online only) for a price or give them the ability to use it for any purpose they want for more moeny. some people would charge more or require a 2nd license for other usages. its up to you and what exactly they want to use them for.