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Understanding Photography Copyrights

Updated: Jan 8



What are Photography Copyrights?


Photography copyright refers to the legal protection granted to the creator of a photograph, giving them exclusive rights to control how their work is used and distributed. Copyright is a form of intellectual property law that grants creators certain rights over their creative works, including photographs. In most countries, including the United States, copyright protection is automatically granted to the creator of a photograph as soon as the photograph is created and fixed in a tangible form, such as being saved to a memory card or printed on paper. No formal registration or application is required to obtain copyright protection.


Here are some key aspects that you need to know about photography copyrights:


1. Exclusive Rights

Copyright grants the photographer several exclusive rights, including the right to reproduce the photograph, distribute copies, display it publicly, and create derivative works. These exclusive rights give photographers control over how their work is used and ensure they can benefit economically from their creative efforts.


2. Duration

In most countries, copyright protection lasts for the photographer's lifetime plus several years after death. The specific duration varies between countries but is typically several decades. During this period, the photographer or their estate holds the exclusive rights to the photograph, and others must seek permission to use it.


3. Ownership

By default, the person who takes the photograph is the initial owner of the copyright. He can then grant licenses to use with perpetual or limited rights. It works exactly the same as Music. EG: You pay to download the album but the owners of the songs will always be the musicians.


4. Infringement

Unauthorized use of a copyrighted photograph, such as copying, publishing, or displaying it without permission, may be considered copyright infringement. Infringement allows the copyright owner to take legal action and seek remedies, such as damages and injunctions, to protect their rights. It is important to obtain proper licensing or permission when using someone else's photographs to avoid potential legal consequences.



So, what are you paying for?


In Real Estate Photography, you are paying for a license to use. Depending on your property size (and based on our pricing model by sqft), you obtain the rights for those 15, 25, 50, and 100 images we offer in our services for the duration of the listing and rental—a one-time, flat fee.


What happens if the Listing or Rental expires or there is an agent switch? Can another Realtor use my images?

No. He should contact the photographer to purchase the same album or hire him for a re-shoot. The same goes for the Home Builders, Designers, and Contractors who would like to use the images to display their work, such as kitchen renovations, new windows, new floors, decorations, etc.


Conclusion


Understanding photography copyright is essential for photographers and anyone who uses images. By respecting the rights of photographers and obtaining proper licensing or permission, you can avoid legal issues and support the creative community.







 

Booking, Delivery, and Payment:

 

Payment: You can pay online after delivery (Pay Per Download) with instant confirmation and receipt. You will receive an email confirming that your gallery and invoice are ready. No upfront payment or booking deposit is required.


Booking: We offer instant bookings with calendar availability, confirmation emails, alerts, and integration. Just choose your package, enter the address, choose a date from the calendar provided, and submit the form with any special notes the photographer might need to access the property, community, gates, etc. If you are ready to book, please click below. Please remember that cancellations within 24 hours will have a $100 cancellation fee. Please track the weather and let us know if you need to reschedule, and we will accommodate you.



Please let us know if you have any questions or contact us

at 941-217-9139.



The Bird Solutions Team


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