Photo Use Rights
Tara Kellogg, dba Architara Photography, retains all rights to photos and media that Tara Kellogg or any team photographer for Architara Photography provides. What does this mean for you?
Real Estate- Listing for Sale (commercial and residential)
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What can I do with the photos? You can use the photos and media provided for your "for sale" listing in any way to market the listing. You can use the photos for as long as you need to sell the property. You can use photos for media in the sell of the house or as "sold" marketing material for yourself.
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What can I NOT do with the photos? You cannot sell or redistribute the photos and media to anyone else. This means if you lose the listing, you can not give/sell the photos to the new agent. If the builder, interior designer, painter, etc wants to use the photos, they need to come directly to us, Architara Photography, for permission and to get a use agreement through us.
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What if I want to give the photos to the homeowner (or gift them with a book or print)? No problem! As long as they know they cannot give the photos to another agent, builder, designer. Or decide to use the home as a vacation rental and use the photos- then they would need to come to us.
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What if I see someone on the MLS using my photos? We do not license the use photos or media of a property to other agents without letting you know first. So if you lose a listing, then see it re-listed with the same photos, contact us first just in case, however it might be a MLS violation. We do reuse neighborhood amenities and area photos between agents, so if you see the same community sign and pool photos as you, there is no violation**. You are paying for the use of the photos, and so might other agents.
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What if I get a MLS violation notice? Contact us immediately. Every user license agreement is the same between all our clients, meaning we hold the rights to the photos, agents are just paying for the use of the photos. As mentioned, we do share our neighborhood and community photos, but that is not an MLS violation, per our agreement. We suggest taking the photos temporarily down and then send the MLS a copy of our agreement. This way you avoid any fines while getting it sorted out and approved with MLS.
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**We spoke with the local MLS directly regarding shared neighborhood photos. As long as agents are aware we share photos (this email serves as notice) and each of you has agreed to the License Agreement (attached here and will be attached to invoices) then there is no violation of using the neighborhood photos between agents. We did also get a note from MLS though that said "You were advised that you can add photos of the nearby area but you will need to add a caption to each of the photos that briefly explains the relationship between the photo and the property listed/ IE shopping center 5 miles East of property". Not sure if anyone has run into the caption issue, but it was noted to us.
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Vacation Rentals, Architectural, Branding (commercial and residential)
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What can I do with the photos? You can use the photos and media provided for your long term use in any way- rental websites, company websites, business listings, social media marketing, etc. You have the right to use the photos and media in any way for as long as you want. We will also save these photos for additional time on our end for back-up storage.
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What can I NOT do with the photos? You can not sell or redistribute the photos and media to anyone else. This means if the builder, interior designer, painter, etc wants to use the photos, they need to come directly to us, Architara Photography, for permission and to get a use agreement through us.
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What will Architara Photography do with my photos? Nothing! We might use them on our own website as examples of work, but we will never distribute or license to another company without talking with you first.
Our User Agreement has been typically attached to our confirmation email. It is also posted on our website and noted on a lot of our emails. As this seems to be skipped or looked over, we will start attaching Agreements to your Invoice. By submitting payment to Architara Photography, you are accepting the use agreement. Should you have any issues or questions, please contact us prior to you photo shoot. This is not to detour any clients from using our services, almost all photographers have this same policy. This will honestly not affect most of you, just business as usual!