Photography Clause

Discussion in 'Legal Issues' started by Big Will, 20th Jun, 2016.

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  1. Big Will

    Big Will Well-Known Member

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    Hi All,

    Was wondering if you purchase a property and you want to use the vendor's photos is there a requirement to get permission?

    If so I would much appreciate the wording of how you include this into the conditions or do you make it part of the inclusions?

    Thanking all in advanced,
    Will
     
    Big Will, 20th Jun, 2016
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    Touristy likes this.
  2. Touristy

    Touristy Active Member

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    Yes generally copyright would be held by the photographer with rights brought to use photos for only advertising by that agent/agency. Unless the photos were taken by an employee of agency then I imagine they might let you. Depends on your use etc of photos once you get them. A real estate photographer myself.
     
    Touristy, 20th Jun, 2016
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    Terry_w likes this.
  3. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    I have also been given the photo by the agent.
     
    Paul@PAS, 21st Jun, 2016
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  4. Steven Ryan

    Steven Ryan Well-Known Member

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    Always best to ask as a condition on the contract. Have your solicitor add the condition. Here's an example of that (3), and related conditions:

    special_conditions.png
     
    Steven Ryan, 21st Jun, 2016
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  5. Touristy

    Touristy Active Member

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    Always ask etc but doesn't matter what clause you put in if agent doesn't hold copyright. Not his work to distribute or give permission to use. Usually there is a contract between photographer and agent for use only in advertising for sale only. Unless like I said they have an in-house photographer or an unusual contract. Us photographers have got to be tactical in how we protect our work. It's never black and white.
     
    Touristy, 21st Jun, 2016
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    Daniel Taborsky likes this.
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