April 19th, 2015
I recently found that a Realtor I have shot images for using them on a tour I didn’t provide. They’ve uploaded images to a national photography/tour provider company (Circlepix) to use in tours they produce. They (Circlepix) are receiving credit in their banner, I get zero credit for the photos I provided.
My Terms of Service on my invoice that states the following Photo Rights and Usage: “All photos produced for the client may be used by that agent for all marketing associated with the current sale of the property in accordance with local MLS rules. Please note that the photos will be copyrighted by xxx and a license granted only to the agent and NOT to any third party. Any usage of the photos by a third party, including but not limited to architects, builders, stagers, designers, sellers or buyers is prohibited unless approved in writing by xxx.”
Isn’t Circlepix be a ‘third party’ in this situation? Is this legal or an unorthodox practice? Has this happened to anyone else? What would you do in this circumstance? I provide my tours using Tourbuzz and get credit when publishing these tours. Not to mention, my tours are higher resolution and custom panning was much better than what is provided by the competition.
I don’t see that your client is violating your Terms Of Service. Since your terms say, “All photos produced for the client may be used by that agent for all marketing associated with the current sale of the property…” Your client is using your photos on a different tour than you provide. She’s just marketing the property. Complying with your TOS it seems to me.
Whether or not you get credit is not an issue. The clients use at CirclePix is no different than what happens when the photos you shoot are syndicated to Zillow.com or one of the hundreds of other sites that MLSs syndicate to. You don’t get credit at any of these places either.