This article aims to clarify common questions about pricing and licensing in real estate photography, which may also apply to other photography genres.
Copyright and licensing can be difficult concepts to grasp for those not involved in digital products such as photography, design, or software. Generally, people are more familiar with getting paid for work done, rather than licensing.
What is Photography Licensing?
Licensing is a fundamental concept in the world of creative and digital products, encompassing all creative work. The purpose of licensing is to allow multiple parties to use the product over a certain period, increasing its value with each additional user. Licensing applies to various domains like software subscriptions, music purchases, and photography.
Professional photographers create images that clients are willing to pay for, such as in real estate photography, where images serve the purpose of selling, renting, or building a portfolio. In essence, licensing grants permission to use photos for a specified period and purpose. For example, real estate photo licenses typically last one year or until the listing is active and are non-transferable.
Factors Affecting Licensing Prices
Usage and duration are the main components of a license. Most clients in the real estate industry are agents, so prices listed on a photographer’s website usually indicate a one-year non-transferable license. This license covers web and social media publishing, print advertising, and other materials necessary for selling or renting a property. If a client requires additional usage, like magazine publication or a perpetual license, the price increases.
Who Owns the Photos?
Under U.S. law (Copyright Act), photographers own the copyright to commissioned commercial photos (created for non-private or non-domestic use and not under direct employment) unless the contract states otherwise. This copyright lasts for 70 years after the photographer’s death.
Using the Photos and Common Misuse Examples
The type of license affects real estate photography pricing, with standard agent licenses permitting marketing usage for up to one year or until the listing is active. Misuse examples include using photos for a new listing after the house has been sold or sharing them with designers, builders, or stagers without the photographer’s permission.
Licensing Cost and Types
The cost of licensing a photo depends on its usage, duration, and territory. A standard agent license allows marketing across various media types for up to one year, while creatives (builders, architects, stagers, designers) receive perpetual licenses that typically cost more due to their indefinite duration.
Why Commercial Real Estate Photography Licenses Cost More
Commercial real estate photography licenses cost more because they require high-quality images with additional editing and may have international usage. Also, commercial projects with multiple locations may be charged at an hourly rate.
Why License Photos?
Licensing is a common practice for various intellectual properties, such as music, software, and games. Licensing provides a means for photographers to partially transfer their copyright to clients.
Conclusion
Photography licensing is a fundamental aspect of the photography business, allowing for the transfer of usage rights over a specified period. As intellectual property, photographers own the copyright to their commercial images, even if clients have paid for them.