Who owns residential real estate photograph? The general rule provides that the photographer owns the copyright to photographs absent a written agreement or provision transferring ownership to the seller or broker.
Most written agreements offered by photographers issue a revocable license for the broker to use the photographs under a “license” agreement. This means that the photographs continue to belong to the photographer, not the broker or seller who paid for them.
If you or your seller want to own the photographs, and not be restricted on future use of those photographs, then the following language should be included as an Addendum to each Real Estate Photography Agreement:
“All photos, graphics and digital images delivered to the (broker), and all rights therein, shall be the sole and exclusive property of the (seller) and (broker). The (seller) and (broker) shall have sole discretion to reproduce, publically display, and distribute the photos, and may upload any and all photos to any MLS listing service for promotional, advertising, or for any other purpose related to the sale of the Property. Terms of this Addendum shall prevail over inconsistent provisions in the Agreement.”