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Author Topic: Property Releases for Real Estate  (Read 2305 times)

rgs

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Property Releases for Real Estate
« on: August 13, 2018, 02:20:00 pm »

I do a good deal of real estate photography and I'm considering sending out some of my better real estate photographs to my stock agencies. Here are some questions:

1.  Has anyone here sent RE images to a stock agency? How do they sell?
2.  Will a property release from the current owner still be good after the property is sold?
3.  Can a real estate agent sign a release for the owner?

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MattBurt

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Re: Property Releases for Real Estate
« Reply #1 on: August 13, 2018, 03:40:32 pm »

Good questions and I'm curious too. Although I imagine only the property owner could sign the release. If they are selling maybe they won't mind so much.
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David Eichler

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Re: Property Releases for Real Estate
« Reply #2 on: August 14, 2018, 06:58:03 pm »

I do a good deal of real estate photography and I'm considering sending out some of my better real estate photographs to my stock agencies. Here are some questions:

1.  Has anyone here sent RE images to a stock agency? How do they sell?
2.  Will a property release from the current owner still be good after the property is sold?
3.  Can a real estate agent sign a release for the owner?

I am not legal expert.

There are no specific laws in the US that require a property release. Therefore, such a release is cya practice.
I would think that the only valid way a real estate agent could sign a property release is if the property owner
had given them specific legal authority to do that, and I do not think that standard listing agreements do that.

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TonyVentourisPhotography

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Re: Property Releases for Real Estate
« Reply #3 on: September 16, 2018, 10:02:07 am »

If we are discussing interiors...this is a weird scenario.  Generally licensing and commercial releases are because we have an expectation of useful life in the images beyond the client.  Stock, licensing, etc...  generally a building for example that goes under new management or ownership will look the same.  The new owners may want to license images to continue using them. 

However, a residential home interior that was staged for instance may look nothing how the first owner had it.  If they sign the release you are good to license those images as is.  If they sell a week later, the new owners won’t have the house looking the same necessarily and probably have no use for the images.  So most licensing will be external to ownership.

That brings me to my point...selling those as stock is a scenario that neither old or new owner would feel necessarily connected to for any kind of opposition I can imagine since the property may not look like or represent their dwelling anymore. 

I would still feel better selling stock with a release...but you would need the owner or the property management for sure.  Not the agent in my opinion. 

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hapahomebuyers

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Re: Property Releases for Real Estate
« Reply #4 on: June 22, 2023, 06:42:15 am »

A property release is a legal document that allows someone to use your property in a commercial way, such as for photography or advertising. When you sign a property release, you are giving up some of your rights to the property, so it is important to understand what you are agreeing to. https://hapahomebuyers.com/sell-my-house-fast/ can be stressful and time-consuming. Hapa Homebuyers can make it easy. We'll buy your home for cash, on your terms.
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JoeKitchen

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Re: Property Releases for Real Estate
« Reply #5 on: June 22, 2023, 02:05:58 pm »

I would say regardless of what the law says, from a business perspective, selling images as stock of properties you did not have express permission to do so from the property owner is a great way to develop a reputation of someone not to hire.  This is especially the case for residential interiors. 

FYI, I have photographed interiors of residences shortly before the sale of the property where the resident was very concerned about the usage of the images even though they would shortly be vacating the property. 

I tend to only license images of interiors beyond the commissioning client to other project partners, such as the GC, interior designer or material manufacturers, but even that last one could be problematic for a residence. 


Edit
With this being said, I once had to create a pano looking over Central Park from (roughly a 12th floor) penthouse for a film production, which is a greatly desired yet rare view that would be photographed at the resolution needed to be used in a production.  The homeowner made the production sign all kinds of releases that his view would only be used in this film.  I was operating as an independent contractor and was not under any such conditions given I was not actually employed by the production.  Plus, by law, there is no way you can ague in court, successfully, that you can control how your "view" is used, especially if nothing you own or lease is within the image.  Finally, I always maintain full ownership of my copyrights.  So in this instance, hell yeah I have that up as stock. 

Now I would never do this for an interior image though. 
« Last Edit: June 22, 2023, 02:24:16 pm by JoeKitchen »
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