July 12th, 2015
I recently was contacted by a homeowner of a house I photographed a few months ago. She asked if I would send her copies of the pictures that I shot. I was hired by a real estate company to perform this shoot and not by the homeowner. My Terms of Service says, “All photos produced for a client may be used by that agent for all marketing associated with the current sale of the property.” Just wondering how do other real estate photographers handle this? Give the images to the homeowner as a gift…charge a fee, and if so, how much? In this case the home has not been sold and is going to be re-listed by another Realtor.
It sounds to me like there’s been a falling out between the home seller and the agent that you did the shoot for but the home seller likes your photos and wants to use them for the new listing. You need you explain how photo licensing works. Not many home sellers understand. After explaining photo licensing to the home seller you could offer to license the photos to the homeowner. But I would get a signed licensing agreement and charge the same as you did the first agent. You would be licensing the homeowner to use the photos for use in selling the home whether it’s for sale by owner or by some other agent. Or if the homeowner claims to not want you use the photos to sell the property, give them to her but insist on signing an agreement that she won’t use them to sell the property. Or just give the photos to her if you don’t care about relicensing them to the next agent. It all depends on how bad you want a relicensing fee.
Licensing listing photos to homeowners only seems strange to those of us here in North America. But it’s very common in Australia and New Zealand and makes a lot of sense.