Sample photo license agreements

 

In early 2022, we modified the Add/Edit process in order to protect listing agents and the photos that are uploaded to their listings. Specifically, we added a section where the agent must provide the source of the photos they are uploading to the listing:

2023-10-18_16-52-15.jpg

 

 

If the photos are from a source other than the list agent or an MLS Verified Photographer (or in very rare instances, a Broker Authorized Photographer), there are two options: Seller or Other.

  • If the seller/homeowner has provided the photos for the listing, you must select Seller.

  • If the photos came from a source other than a verified photographer, the agent or the seller, you must select Other.

In either of these two scenarios, you must also upload a copy of their license agreement with that photo source in Manage Supplements.

 

There is a section of the SmartMLS website (https://smartmls.com/photos/) that is dedicated to listing photographs and the legal issues surrounding the use of photos (copyright, permissions, ownership, etc.) in connection with real estate.

Among the many resources within this photo section is a link to four different sample agreements that you could encounter when working with a photographer:

  1. Work for Hire Agreement
  2. Assignment Agreement
  3. Exclusive License Agreement
  4. Seller Photograph Assignment Agreement

*** Please note: These documents are provided as a sample, and are not intended to be and do not constitute legal advice, or a substitute for specific legal advice or opinions. The user of this sample document should not use this document without consulting legal counsel. The use of this document should be modified to address the specific legal needs of the user. ***

 

The four sample agreements are also attached to this article and are meant to be used as a reference only. They should be carefully reviewed and modified as necessary to fit your particular needs.

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