Understanding Copyright
& Licensing
When you hire me, you are essentially purchasing licensing rights to the photos I take at your photoshoot. The following information is provided to you, as my client, to help better educate you around licensing.
Please note that these policies are according to industry standards and related to copyright law. They may not reflect other photographers’ business practices, possibly creating a different experience from what you have had in the past. Please also understand that I am not qualified to give legal advice or have any standing as a legal expert, so if you need legal counsel, I encourage you to speak directly with a lawyer who specializes in Copyright Law or Intellectual Property Law.
The two following pages refer to general licensing for builders, architects and designers. Please scroll down to view licensing as it relates to Real Estate Photography.
What is a License?
A License is expressed permission granted by the Copyright holder (me!) to use the photo product in a certain way. Here in the United States and as your photographer, I own the Copyright of any image I shoot. When you hire Jenn Montoya Photography, your organization is automatically granted a license to use the photos that are delivered to you (as in, you don’t have to buy a license to use the photos produced and edited from a shoot day. Under my policies, a shoot grants you an automatic license).
Much like an artist who is commissioned to create a piece of art (and then can later sell that artwork as prints, etc), a photographer may grant or sell those rights to others, including publishers or product companies through “licensing”. Either way, whoever is using the photos needs permission. This type of permission is called a “license” because it gives title to my creative abilities, if you will, and it has value attached to it. I want as many people as possible to use my photos legally, and licensing is the way I do that.
The next two sections provide clear information (that aligns with my Client Service Agreement and Copyright Law) on what you can and can’t do as a license holder.
What You Can Do:
Print -
You CAN print your photos up to 6’ x 3’ for things like flyers, brochures and advertising needs.
Website / Social Media -
You CAN put the images on your organization’s website, the organization listed in the contract or any organization’s website that has a license. You are also able to use these photos for social media posts and reels. I would deeply appreciate it if you could please give me credit as the photographer on your posts (in the comments, use my Instagram handle @jenn.montoya.photography).
Marketing -
You CAN use the pictures in promotional marketing, like e-mail blasts and mailers, or brochures. You can also submit the images to magazines/publications. If the publication would like to publish the photos, please have them reach out to me to purchase licensing rights to the images.
What You Can’t Do:
Share or Distribute -
You CANNOT distribute the images to other people for promotion of their business on their website, social media platforms, or publications, etc. without the third-party’s payment of a license fee, including the homeowner.
Sell Photos -
You CANNOT sell the images to anyone or cost-share images with anyone who isn’t listed in the contract. You cannot include the photos in any kind of merchandise for sale (a print, a book, a product).
Gifting Without Payment -
You CANNOT gift photos to anyone without purchasing an additional licensing fee.
What About Real Estate Photography Licensing?
For real estate photos used on the MLS, you must have a written License or, in some cases, a Copyright assignment from the photographer. As the photographer, I own the Copyright when I create the image, so I must grant permission for its use. My standard licensing agreement typically allows use for the specific listing on the MLS, online platforms, and marketing, but usage outside of this requires an additional licensing agreement.
Thank You!
Thank you for taking the time to read through these licensing details to help ensure our photoshoot is successful! I’m looking forward to capturing the beautiful space that you have worked so hard to design, build, remodel or sell!
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Photography
Make your firm’s project or listing stand out by including a comprehensive photo tour with high-quality, artfully composed, and beautifully lit photos.
{packages starting at $300}
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Matterport 3-D Tour / Drone
Enhance your listing by providing a high-quality Drone capture or a 3-D tour. Matterport technology provides viewers with an accurate and immersive experience and thoroughly showcases a home.
{starting at $250}
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Twilight Capture
Evenings in Central Oregon allow for moody captures of a home, creating a warm sunset look. Add this offering onto a photography package to enhance an already beautiful home and make it glow!
{add-on starting at $100}
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Portrait Services
Make yourself stand out and capture your professional look to help market yourself and your brand. I also love capturing Seniors at this important time of their lives (see my portfolio page).
{starting at $500}