Contract Questions - Real Estate Photography

[Moments that Click]

Hello Everyone

There is another real estate photography thread currently open, but I do not want to highjack the OP’s posting by adding this question within the thread so I am posting this separately.

I would like to build a strong real estate photography contract and my question is what types of terms other photographers might use in their contracts for this type of coverage? I generally outline exactly what the coverage costs and what the customer can expect to receive (and when).

A limited rights term was mentioned in another thread and I will be adding that to my contract (thanks to Jim and Ryder). As it stands I have been providing images to the realtors sized for upload to the appropriate listing sites with a rider stating that high res full size files or prints could be purchased at an additional cost but have not put any limitations on what they could do with the smaller 800x600 files.

Is there a point to having an exclusive realty contract or would it be better to just focus on building a standard (non-wedding) contract to be adaptable for real estate coverage?

Also around here, most realtor's would already have a photography release signed by their customers as part of their contract. How would you approach having a property release signed in order for you to use the images as part of your portfolio or own advertising initiatives? I do not think the realtor could sign the release for me, so by asking them to obtain this for me I could add a strain to the deal / relationship Any ideas or opinions?

Thanks for reading!

[Jim Bryant]

Limited rights is what wording you put in a contract allowing the buyer to use the photos on the web, news paper, magazine advertising, brochures or whatever for a limited time (normally one-year period). Each usage (web, news paper, magazine advertising, brochures) commands a different price range. Do no sell them unlimited rights to do what so ever they wish with the photo. As for a photo buyout, that's not a legal term. You can sell them a transfer of copyright, but make sure it's enough money to do so. If you go that route, You'll then have to ask them permission to use in your advertising material.

[Moments that Click]

Originally Posted by Jim Bryant

Limited rights is what wording you put in a contract allowing the buyer to use the photos on the web, news paper, magazine advertising, brochures or whatever for a limited time (normally one-year period). Each usage (web, news paper, magazine advertising, brochures) commands a different price range. Do no sell them unlimited rights to do what so ever they wish with the photo. As for a photo buyout, that's not a legal term. You can sell them a transfer of copyright, but make sure it's enough money to do so. If you go that route, You'll then have to ask them permission to use in your advertising material.

Thanks Jim, I appreciate you weighing in.

[Jacipix]

Hi MTC,

I am also looking to write up an Exclusive Real Estate Photographer Contract and I was wondering if you had any luck with samples, etc. All I can find online is Wedding Photography.

I have contracts for other services that I offer, but Real Estate is so different from the rest it's like a separate business on it's own (and my busiest).

Anway, I have come up with a new concept with my agents that if they use me as their exclusive photographer, they will get yearly updated head shots included in the package (for X amount of business in return of course)...just trying to figure out how to put it all together...

Thanks,

Jaci Buntin
Jaci Buntin Photography

[sk66]

I believe you will need a "property release" clause if you want to use the photos for business purposes. If the agency has a release form they already have signed, I doubt it would give you these rights. I would suggest you have the agency modify include an additional release form for you.

I don't think having them modify their release form would work as it would then be you working for them as an "employee" or "work for hire" in which case the agency owns the rights, not you.

[GTAltman]

I'm a Realtor, and on my local MLS Board of Managers Committee, so I feel I can chime in with some expertise on the issues I see from this side of the fence.

First, most MLS's forward their listings and photo's to 3rd party sites (Zillow, Homes.com, Yahoo.com, etc.), so you're contract would have to incorporate this. If you don't want this to happen, you will not get any business.

Second, some MLS's put their own watermark on the photo's. This means absolutely nothing in terms of ownership of the photo, as has been beaten to death nearly one or two thousand times here. However, you will not be able to put a graphic as a watermark on your photo's because it might be mistaken as "Branding" by the listing agent/firm. You probably could put in a (c) Photography by Johnny Rocket or something to that affect.

Third, usage for personal promotion and advertiesments. You have Realtor magazines that you'll find in diners and supermarkets (the biggest is Homes Digest - a 5x8 color regional magazine), and flyers self produced by the agent.

A sub paragraph on this would be added benefit you could offer and that would be a B&W photo for use in newspapers and such.

There is a grey area on the use of photo's once the property conveys. I think it can still be used on agents websites as success stories, but not to advertise. Once the listing sells though, usually there is no further need for those pictures. I'm guessing another added benefit for a photog to a Realtor would be to offer a closing shot for the agent and buyer - you know the one where they're standing in front of the home with the For Sale sign in front of them holding a SOLD sign between them.

Our MLS, about a year ago, adopted a new rule that photo's taken by others could not be used/pilfered without written consent of the listing agent (photographer). I was a big proponent on this after doing extensive reading about copywrites (Thank you DPS contributors). The reason for this is that our ethics state that we're supposed to give a true reflection of the property for sale. One agent used pictures from about 9 years previous to promote his listing!!! Can you imagine?? Anyway, I digress.

Most of our photo's are taken by the agent themselves and not a pro photog.

I hope this helps a little bit. There's probably more issues that will arise, and if so, ask. If I think of anything else I'll add that as well.

Warmest Regards,
Gary Altman

[GTAltman]

Originally Posted by sk66

I believe you will need a "property release" clause if you want to use the photos for business purposes. If the agency has a release form they already have signed, I doubt it would give you these rights. I would suggest you have the agency modify include an additional release form for you.

I don't think having them modify their release form would work as it would then be you working for them as an "employee" or "work for hire" in which case the agency owns the rights, not you.

The listing agreement between the homeowner and the Realtor will have a clause in there about photographs for MLS purposes. The agent would have "release".

Now if you're talking about your photog release of photos to the agent then this would have to be fairly liberal otherwise the agent would either look elsewhere or continue taking the same crappy pictures.

I can tell you that the photo's I've taken before joining DPS are night and day different now. And it's helped me make sales and gotten more attention to my listings. You have only one chance to make a 1st impression and you have a 2" x 3" square to capture an eye and get them to look further. That has to be the "money shot".

Gary