Photo IP rights? for advertisment

[fullylucky]

Hi all ,

got a quick question.


say when you bought a property. the ad on realestate . com or domain .com has the photos as they do for the property. they look pretty nice so you sav em...

Are you allowed to use those photos when you advertise for tenants?

or do you need to get permission? and or pay some kind of fee to real estate agent...?

 

[miss green eyes]

If they are on rpdata, they are free, that's what agents told me.
If not, not sure...

 

[Scott No Mates]

If they were on re.com then they are likely to be the property of the vendor not of the agent unless the agent included marketing in their price - so who knows.

 

[Sez]

If I start managing a property that has been sold by another agent I send a quick email asking nicely if they mind if I use those photos. They belong to either the agent or the vendor so that makes sure I'm not stepping on toes! . I've never been told no, just ask really nicely lol!!

 

[Of The Vultures]

I've used the vendor's photos to advertise for tenants - but not without asking first. I asked the agent nicely and he got the ok from the vendor (I assume the vendor had to pay for them to get done, hence why).

 

[danwatto]

Agent always said yes but always ask. Did ask during the buying period

 

[miss green eyes]

My agents always said they're free on RP data. ask your agent?

 

[Jaggannath]

My place in ACT they belonged to the vendor. As it was only 6 months after I bought, the agent just phoned them and asked for permission.

 

[plusnq]

You need to obtain permission to use the images otherwise you are in breach of copyright. Quite often the photographer's contract will license the images to the client (vendor or agent for example) but retain the copyright. Sometimes the contract will release the copyright to the client but you need to be sure as if you use the images without permission from the copyright holder you are liable for damages. Especially since you would be using them in a commercial sense.

 

[Salvatore1]

As plusng stated photos belong to selling agent and sometimes they put their names on the photos as well. You will need their permission. Normally they will state yes unless you are try to rent through a different agent.

 

[Scott No Mates]

As plusng stated photos belong to selling agent and sometimes they put their names on the photos as well. You will need their permission. Normally they will state yes unless you are try to rent through a different agent.

Sal, unless the agent has paid for the photos (if marketing was included in the sales comm), the photos are the property of the vendor/photographer subject to the terms of that contract - the agent is just that, they arranged access for the photoshoot & the vendor paid for them (or agent as above).

 

[plusnq]

It is complicated but images are often licensed for specific use but the copyright remains with the photographer. The license is usually not transferable. This means that even with permission from the license holder, you would be unable to use the images without obtaining a separate license agreement from the photographer.

If the photographer released the copyright to the client, then they may do what they wish with the images. Personally I would want to see that contract in writing before using any images. Copyright damages can be quite expensive especially for commercial use. I would NOT trust a real estate agent's word on the availability and use of the images.

This is my site. I have a reasonable working knowledge of this as I license my work regularly.

www.balmainstreetstudio.com

Cheers

Shane

 

[datto]

What if you got an Australian artist to paint drawings of your house. You could include the paintings as part of the sale and be included inthe contract !

 

[miss green eyes]

I've noticed when agents used photos taken from rpdata on my ads there is a watermark at the bottom of the pic that says so

 

[Salvatore1]

Scott no mates - the vendor pays for a advertising/marketing campaign which includes photos but photographer takes photos for us not the vendor and our logo/water mark is on each photo.

 

[redwing]

What if you got an Australian artist to paint drawings of your house. You could include the paintings as part of the sale and be included inthe contract !

Or ask your children to do one, I can just see it now

For Rent - Our House

 

[plusnq]

Or ask your children to do one, I can just see it now

For Rent - Our House

Winner!!!!

 

[Paul@PFI]

No if I did that I would probably have some **** wit from council banging on the door as it fails the BASIX rules or has a non-compliant fence.