Business

Eric in LA asks:

I got a call from an agent today to shoot a condo next week. I set up a time and everything and just as I was about to hang up he said he had a new agreement form that his office wants photographers to sign and that it says he will own the photos that he is paying for. I told him he is paying for the rights to use the photos for his marketing of the listing, website, MLS, etc., but that I still owned the copyrights. He went on to say “Sure it’s just to protect the agent” and I said I’d take a look at it.

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Leroy in Alberta asked:

I started focusing on real estate photography this year and your site has been a very valuable resource! When I Googled this subject, I saw that some people referring to Google Earth Pro users being able to use images commercially, but sifting through the opinions on the online world to get to the facts is the key.

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Bob in Albuquerque says:

I’ve been shooting RE now for almost 4 years. I have a licensed business and carry liability insurance. Recently, a topic came up over coffee with a client which leads me to this post.

I have a question about who, if anyone, should be present when you are shooting. Though I know many of the readers here do, but I don’t have a lockbox key.

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Jack in Washington DC asks:

I’m considering relocating my business (currently in DC) to either Miami or Tampa/Orlando. Do you have any insights on which market is harder to break into for real estate/interiors photography?
My initial thought is Miami may have more opportunity, but the sheer volume of photographers is also higher and I’ll be up against the some of the best photographers in the country. In Tampa/Orlando there may be less opportunity, but I may land more gigs based on the quality of my work.

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Mike in Pennsylvania says:

I was just told by the MLS in my area that I am not allowed to sell my photos to the new agent taking over a listing that is on a different broker of record. She told me that the broker of record and the agent own the rights to the photos. I finally got her to admit that this was an internal thing through their multiple listing service. I believe this violates my rights. Agents are trying to sue MLS when another agent uses their photos but if they get written permission from the photographer it should be completely OK. She’s trying to tell me I have to get written permission from the agent for me to allow another agent to use the pictures. That’s bull crap!

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Kelvin in Montana asks:

The owner of a listing I shot two years ago is claiming that because they remodeled a home, the property rights of the photos of the home when it was in that stage belonged to them… This guy was saying I couldn’t/shouldn’t be able to sell photos from 2 years ago because he owned the property rights at the time when the photos were taken, even though he doesn’t own the property now.

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Craig in Virginia asked:

Can you remind me where to look back to find the post about the service that allows you to require payment automatically when clients download images?

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Larry in Virginia asks:

I have a question about vision problems and photography. I had cataract surgery two years ago after having been nearsighted and wearing glasses daily for most of my life. I never had a problem with my vision in my photography with glasses.

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Bill in Northern Virginia recently asked the question:

I have been experiencing some issues in sending clients their photos and videos. What are some recommended photo delivery services to use?

First of all, I would not send video files to Realtors. Most Realtors won’t have a clue what to do with a large video file. Host the video some place like YouTube, Vimeo or iPlayerHD and then send your client a link to the hosted video.

Jim also wanted to ask:

I’ve recently started using my realtor as my test dummy while I refine my photography and editing skills, and learn what he needs as a customer. He made the suggestion to use box.com for getting him the pictures, because that’s what he used with someone else in the past. He recently asked if I know of any other sites, since box.com is very slow to download, after which he must upload to his MLS. Do experienced RE photographers use sites that realtors can download directly to their MLS? If not, how is it typically done, and do you have a list of commonly used websites?

Typically, only Realtors or their assistants can log in to upload photos to the MLS so real estate photographers deliver photos to the Realtor and the Realtors must do the MLS uploading. Many times, there are assistants in a real estate office that do much of the uploading to the MLS for all of the agents.

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Aaron in Ohio asks:

I know most real estate photographers charge based on the square footage of a property but lately I have been charging a per image fee. It seems to be working but I have gotten some guff about it. I do this because some Realtors want upwards of 50 images for 1500 sq. ft. homes and 60 images on 3,500 sq. ft. home. Under the square footage model, the difference in price when charging by sq. ft. is substantial but the work load sometimes is not.

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Eric in Florida says:

Years ago I accepted credit cards, but the fees got too expensive. Most of my clients pay with a check and some cash at the shoot. I invoice some of my good agents and receive payment in a week or two.  Some clients pay late but will offer their credit card which I can’t accept at this time. What is the least expensive way to take credit cards?

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John asks:

I am an aspiring photographer but I’m trying to decide if its worth it for me or not. I have tried to contact some of the regional real estate photography companies to contract shoot for them but I can’t get a good read on the photographer compensation. How much do real estate photographers usually charge when contracting? Do I charge by a percentage and if so what percentage would be normal to ask for? Or is it more common to charge a flat fee?

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Michael in Illinois recently asked:

My MLS has changed the real estate photography playing field. The number of photos allowed used to be limited to 25. They now allow an unlimited number of photos for each listing.

So for me, this is a great advantage, since my competition in this market typically provides only 25 or so images for their base service. I typically provide between 40 to 80 or more images depending on the size and value of the property.

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Ryan in Texas asks:

Should I be concerned about listing services that allow a Realtor to watermark their listing photos? The watermarking of photos appears to advertise the realtor’s services and prevent the photos’ subsequent appropriation by another realtor or broker should the listing agent lose the listing, but it seems like a slippery slope. Can it be construed that the realtor is claiming these photos as their own? I’m aware that in many licensing agreements (including my own), photographers are allowing their clients to use the photos to advertise their listing, and to a more limited degree, their own businesses in the form of marketing their sold listings to gain more business from potential sellers. I’d be interested to hear what you and other real estate photography business owners have to say about it and whether or not you’ve encountered or dealt with it before.

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I had two questions on non-compete agreements last week. Both readers asked for examples of non-compete agreements as if there is some right way to write one.

Over the years everyone I’ve talked to about non-compete agreements they’ve signed have found themselves in a disastrous situation after wanting to work on their own.

My advice on non-compete agreements or clauses is:

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John in NJ asks:

I am a one person photographer. I have a client, the first time in 6 years is wanting to give me a 1099 for services. What are the requirements for photographers with regards to 1099s?

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Jim in New Mexico asks the following question:

I recently shot a home for a new broker who just got the listing. Since I photographed the same home 1 year ago for another broker and the previous seller, I felt compelled to use some of the previous summer season shots of the yards. All interior shots were new. I received an email from the old broker telling me the old seller is demanding I immediately take down the photos because 1. they are hers; 2. the pics contain their outdoor furniture and art; 3. it is false advertising.
I am really concerned about number 2: the fact that the photos contain the old sellers property (nothing valuable) and using them for the new MLS listing. Am I in the right to use them for the new agent with the old sellers stuff?

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Chris in NJ asks:

I have been asked to do a handful of vacation rental properties. I’m not sure if these should be priced differently than a house for sale. I’m assuming the cost should be higher since the photos will be used longer. But do you charge double? Triple? I’m not really sure. Any advice?

My guess is that the majority of real estate photographers shooting rental property photos charge the same for shooting rentals as homes for sale and completely blow off the licensing differences. Here are some things to think about:

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Peggy in Alabama says:

I have been asked by a few realtors if I would consider offering the service to upload the photos for them as an add on.

I just can’t imagine I would recoup the cost of an associate membership to do this, not to mention my time. Do any of you offer this service?

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Michael in Atlanta asked the following:

I’ve shot professionally 3-4 years ago (while in college) and have since taken the more traditional career route of a 9-5, however, as of late I’ve felt an overwhelming urge to go back to my roots. Photography is definitely a passion, but the lifestyle it affords is almost as, if not more, attractive.

My question revolves around the schedules that most real estate agents prefer – I’m ready to begin pitching listing agents, though I’m hesitant as I’m still currently employed for 40 hours per week. Have you found agents willing to schedule shoots on the weekends? I would like to have a longer “proof of concept” that this idea could work prior to leaving my secure job.

Do you have any advice for those making the transition from a traditional 9-5 to real estate photography?

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A couple of days ago Cindy in VA asked me:

A friend and I noticed a reference on the Internet to “Zillow Certified Photographer”.  So we just spent the last 30 minutes on the Internet trying to find anything out about this with no answers, just Everbrite invites to locations in the US on dates that have past.  They show workshop at hotel locations in Virginia Beach, Dallas, Phoenix, Atlanta having these workshops to get this certification but no other info. We even look ALL over Zillow’s site and use other search terms to see if we could find anything else out – hoping you might know where to direct us or if you know anything about this “Zillow Certified Photographer”.

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Stephanie in Washington state asks:

I have launched my business and finally gotten my first paying job, then I went to make my first invoice and can’t figure out if I have to charge my customers WA State Sales Tax? I have been reading the state website about taxes and still haven’t figured it out. Any advice?

Stephanie, I can see why you are confused. The Washington department of revenue site is very confusing. It gives two different answers to your question on the same page. Since I moved out of WA before they came up with this rule on digital products I checked with two real estate photographers currently in the Seattle area and they said below is the key paragraph. According to the Photography Tax Guide tab #5 on the Washington Department of Revenue site:

Royalties and Digital Photographs
The granting of specific intangible rights to use a photo is not a sale of digital goods subject to retail sales tax, even when the photo is transferred to the buyer electronically. The method of delivery – whether tangible (i.e., print or CD) or electronic – does not determine the taxability of the transaction.

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There have been several questions recently about collecting payment. Alex in Ohio asked:

I have heard about real estate photographers charging at time of sale instead of requiring payment at time of shoot. What are your thoughts on this? It makes sense because no one gets paid till the home sells, why would the photographer be different? But, how would you know that the house is sold and request payment? What if the seller switches real estate agents? What if they take the home off the market or other foreseeable outcomes?

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Eric in Southern California asked for the following:

I’ve been looking through the site for a basic simple explanation on copyrights and usage for real estate agents to understand. I’ve been a photographer for most of my life and doing real estate photos for about eight years and in working with several different agents in different areas I’ve found that some understand the copyright but most do not. No matter how I try and explain it or compare it to something familiar to them or even if they agree to a TOS that spells it out, I still hear, “oh, I didn’t think that meant I can’t give the shots to the architect or designer so they could use them, I already paid for them”.

Here is my explanation of photo usage rights for real estate agents:

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Dave Williamson in Perth, AU has been engaged in a copyright dispute/misunderstanding since January of this year. This was a typical real estate photography dispute about listing photos being used by an agent different from the one they were licensed to. I wanted to highlight this decision because it helps to have clear resolved example of this issue. Note that this is an Australian case, but laws are very similar in NZ, US, CA, and EU.

The full story and 7 months of related discussion is here in the PFRE Flickr discussion group. Dave shot the photos for one agent, another agent took over the listing and when Dave ask the second agent to either pay to relicense the photos or stop using them they ignored him. Dave then took action in Small Claims Court in January 2015 and a magistrate just ruled on the case a few days ago. Here’s Dave’s description of the decision towards the bottom of the first page of the Flickr discussion:

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I’ve had quite a few discussions with people concerning some aspect of being both a real estate agent and a real estate photographer. I find when a subject like this pops up out of the blue from a bunch of different people I usually indicate a trend going on. There were four different questions that people posed on this subject:

1. Is there a benefit to being both an agent and a real estate photographer that shoots for other agents besides your own listings?
2. Is there some conflict of interest if you are both a listing agent and a real estate photographers?
3. Are there many agents that do real estate photography for other agents?
4. What are the problems with being both an agent and a photographer?

Is there a benefit to be an agent-real estate photographer?
Yes, the benefits are substantial. As an agent you can legally go in a home that has a lock-box on it without the listing agent. This is a huge convenience for the listing agent. You don’t have to call, but instead they just call you and say go photograph my listing over on Main St, it has a lock box on it. They don’t have to go meet the photographer there. It’s worth noting that this is not an issue every place in the world. Some areas of the world photographers can just go contact the home owner and do the shoot.

Also, as an agent you have an inside perspective to the real estate business. You see how it works. Understand who the major players in your area are and gives you a lot of contacts in the business. It just gives you an inside track to be up to your armpits in the business.

Is there a conflict of interest?
No, I don’t see any conflict. Does anyone else see a conflict? I’m frankly puzzled why anyone would even think there might be a conflict.

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I’ve been talking to a lot of real estate photographers just starting the business recently and the subject of a portfolio website comes up as one of the very first subjects of discussion. Your portfolio of real estate images is at the center of your marketing. Your website is just an accessible way to present your business to people and let them know how to contact you. Malia Campbell’s site is a great example that follows all eight of these principles (although it’s a little weak on #5). It’s one of my favorite real estate photographer sites.

1. Dedicate a site to real estate photography: A general purpose photography site where people have to look for the real estate section says to people, “I’m playing around with a lot of things and not making any money with photography“. It makes you look like an amateur. The cost of a template website at someplace like BluDomain.com (Malia’s site costs ~$100/yr at BluDomain) is small in the overall scheme of a successful business.

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I’ve come to the conclusion that all you need to track your business financials is a few good spreadsheet templates.

Here’s what’s lead me to this conclusion. At beginning of this year at my house I went through a traumatic upgrade from a 2004 version of QuickBooks to QuickBooks 2011. My wife Levi, the accountant in the family (she has a 5 year accounting degree so accounting is a area that I don’t argue about… I just say, “yes dear”) and since 2004 she has refused to upgrade because there were some accounting features in the new versions that she didn’t like. In 2010 I got her a new Windows 7 laptop which she loves. The only problem is QuickBooks 2004, of coarse, won’t even install on Windows 7. Keeping her old Windows XP laptop going that is literally held together with duct tape (she slammed it in her car door a a while back) is quickly disappearing as an option. I finally convinced her to upgrade to QuickBooks 2011 that will run on Windows 7. There was a lot of huffing and puffing and swearing at QuickBooks and staying up until 1 AM but after a month or so I finally finished the transition.

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