what are usage rights?


Per US Title 17, copyright ownership remains with the original author, the photographer.



Session Fees are based on the usage rights issued for the images provided, and the file size sent.

Click HERE for Pricing


There are 2 types of architectural/real estate photography sessions available:

#1: Temporary Usage Rights

#2: Permanent Usage Rights


Please Note: Misuse of images such as copying, reproducing, altering, or using an image without permission or license is copyright infringement and is illegal. This includes taking a screenshot from proofs, posting any file without rights on social media, using it on a website, or incorporating it into a derivative work without authorization or license. Violating copyright can result in consequences such as legal action, fines & damages, and depending on value, can be a felony offense leading to prison sentence(s).

temporary usage rights


In real estate, temporary usage rights granted for photographs allow a broker/realtor/agent/seller to use low-resolution images provided of a property for MLS listing purposes until it is sold, rented, or removed from the market, i.e. the MLS Listing's lifespan at the time of commission.

Notes:

  • The temporary rights issued to to that party are not transferrable to third party.
  • Original high resolution files remain with the photographer, and compressed sized files applicable for MLS specifications only are provided.


After the MLS listing has ended, or the applicable temporary period is over, the temporary usage rights expire. To re-use the images after that requires a renewal, or purchase of permanent usage rights. 

Note: Communication is crucial to avoid copyright infringement. Written permission or a new gallery download link from the copyright holder/photographer before using their photos for a secondary listing or other purpose is required. 


Note: MLS requires current and accurate representations of the property.  Based on the length of time that has passed from the initial commissioned photography session, a new set should be ordered for true representative images of a subsequent MLS listing. If it has been 1 year or more later, a rights renewal purchase should not be considered.



REFERENCE: MLS Rules and Regulations, Section 7.30 requires that you use “Only a true current photograph of Listed Property….”

More Information Can be Found via MetroTex Notice at the following link: https://www.mymetrotex.com/mls-infringing-photos/

PERMANENT usage rights


Permanent usage rights granted for photographs allow the grantee to use the images provided not just for a MLS listing, but also any commercial, advertisement, billboard, print purpose and more, without an expiration date.


There are still exceptions:

  • The usage rights issued to to that party are not transferrable to third party.
  • High Resolution Images are provided to meet any print or publishing requirement, but the RAW Originals remain with photographer.
  • Ownership and full rights still remain with the photographer, and re-selling, such as stock images, or entering into any contest are still not allowed without written permission from photographer.
  • Photo credit is still required when providing files to any publisher.


Note: MLS requires current and accurate representations of the property.  Based on the length of time that has passed from the initial commissioned photography session, a new set should be ordered for true representative images of a subsequent MLS listing if it has been 1 year or more later.