I understand how dynamic the industry is and things can change in an instant! However, I respectfully ask for 24-hour notice to cancel or reschedule photo shoots. Within the 24-hour window, a cancellation fee of $75 will be assessed. If I arrive at the site to find the shoot is canceled (including denied access to the site), 50% of the quoted shoot amount will be assessed in addition to the $75 cancellation fee. I do not foresee any reason to assess fees as communication between us will be open and current.
Rescheduling Due To Weather: Photo shoots will continue as scheduled as long as it is not physically raining. If the weather is an issue we will concentrate on the interior (if applicable) and wait for the weather to clear or return to finish shoot once the outdoor conditions improve. Another option is we can reschedule the entire shoot to my next available appointment. (No reschedule fees will be assessed for inclement weather.)
Under the Federal Copyright Act, photographs are protected by copyright from the moment of creation. Photographers have the exclusive right to reproduce their photographs. Unless you have permission from the photographer, you can’t copy, distribute (no scanning and sending them to others), transfer or sell to anyone else, publicly display, or create derivative works from photographs. Copyright infringements can result in civil and criminal penalties.
Real Estate Licensing/Policy
In order to provide you with the best service and support at reasonable pricing, we do not sell our photos for Real Estate Photography. We license the use of the photos for the duration the listing is Active and we allow the client to use the photos in any print, media or social site for marketing the listing. Our rates are dependent on using the photographs for a limited period and protecting you, myself and the clients by retaining copyright. Only the licensee & Photographer have permission to use the images.
Images cannot be sold to another agent who takes over an expired or withdrawn listing. Image Use will only be relicensed (for a fee) by the photographer if the previous Listing Agent is agreeable and understanding to this, although it is always preferred to just have me take new photos as the fee, is the same cost.
Generally, my photos are Licensed for use – *The photographer issues a limited license for the client to use the images under this contract in his or her MLS listing and in other promotional materials intended to sell the property under his/her current contract with the property owner. Those images may NOT be transferred or sold to subsequent listing agents or anyone else in the event that the property does not sell under the terms of the current contract. Images are not for use by anyone other than the Listing Agent(s). *
*Builders, stagers, designers, or “third parties” and homeowners that decide to sell themselves or hire an Agent must contact the photographer directly for licensing and fees.
*Photo credit must be given to Marc Yza Photography when used on any and all social media sites.
*Sale or Transfer of images is a copyright violation.
*Photographer retains right to use photos in any sort of marketing/website/blog/social media and retains copyright. Homeowner grants usage via CRMLS, Exclusive Seller Listing Agreement, in Marketing, the homeowner grants the agent the right to do any photos/marketing needed to get their home sold but homeowner acknowledges they have no rights to these items.
Home sellers and buyers may certainly request a copy of the photos from photographer only for their own keepsakes. However, if they choose to sell themselves or hire an agent, they must purchase a license through me. I will only give keepsake copies to homeowners. However, if a person decides to do For Sale By Owner- then they may purchase the existing photos, if they list with an Agent, they must let me know so I can grant the new Agent the right to use them while the listing is Active. The Agent otherwise has no rights to the photos. Licensees may not give rights to, give copies or ‘transfer’ the photos to anyone else. Please have home sellers and buyers contact me.
Another Agent Wants to Use the Photos:
No photos can be sold/transferred to any other agent in person by a client. Only by myself. However, I always prefer to reshoot the home and not to re-license the listing photos.
What can’t the agent do?
Even if an agent has a copy of the photograph, they cannot give it to any person or entity to use that is not outlined in the usage license. The photos are simply not theirs to give or sell. Only the copyright holder can grant further licensing. The photos have in essence been rented as outlined by who can use the photos, for what purpose and the time frame in addition to any other stipulations. The licensee cannot assume more usage than they are granted. They also cannot transfer the usage to someone else.