FAQ

Tami Lynn Creations LLC owns the copyright to the photos and videos. We grant the client use of the photos for MLS, websites, social media, and printing purposes only until the property is sold or otherwise removed from the market. These photos are non-transferable and non-exclusive. You are not allowed to give them to other agents.

• Photographic Materials & Artistic Rights. No photographic materials will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Agreement.  The Client will use the photographic materials in accordance with a Commercial License. The Photographer retains the right of discretion in selection and processing of the photographic materials released to the Client.  All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, will be the exclusive intellectual property of the Photographer.  If necessary, Client will execute any documents and undertake any other reasonable action necessary to effectuate or memorialize ownership of all intellectual property by the Photographer.

• Commercial License Terms. Photographer grants Client a license to reproduce, publicly display, and distribute the photographs for promotional and advertising purposes directly related to, and for the exclusive purpose of, listing the Property for sale or lease. Use of the photographs for any purpose not directly relating to the sale of the Property, Client must receive express written permission from the Photographer and pay additional fees, unless otherwise agreed to in writing. Client agrees to distribute the photograph(s), through Internet Usage and Physical Usage in a commercially reasonable manner and in such manner that will not harm the professional reputation of Photographer.  Further, the Client agrees not to utilize the photograph(s) in any illegal, libelous, scandalous, or such other manner that would tend to damage the image and reputation of the Photographer.

• Internet usage (“Internet Usage”) includes digital distribution of the photographs for use on Client’s website, email marketing, broadcast program and related social media business platforms (e.g. Facebook, Twitter, Instagram) for the Client’s advertisement of the Property listing.  Client may upload photographs to any Multiple Listing Service (“MLS”) website solely for promotion of the property during the Term of this Agreement.  Regardless of any conditions of the MLS, at no time does this Agreement grant Client the right to transfer copyright, or any other exclusive rights as provided by 17 U.S.C. § 106. Photographs may contain copyright management information (CMI) at the discretion of the Photographer in the form of either 1) a copyright notice ©, and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Photographer for any penalties and awards available under the statute. Client is responsible for ensuring that the photographs are removed from the MLS databases at the expiration of this Agreement.

• Physical usage (“Physical Usage”) includes physical reproductions of the photographs for use in physical marketing activities (e.g. brochures, business cards, wall displays, and billboards) for the purposes of advertising the Property listing.  

• Client may modify the images in commercially reasonable manners to facilitate distribution of the photographic materials as identified in this Agreement.  Modifications are limited to resizing, cropping and resolution adjustment to fit the distribution platform requirements.

• Client will promptly call to the attention of Photographer the use of the photographs by any third-party which Client considers to be an infringement. Photographer and Client shall consult one another as to whether proceedings shall be brought against such third parties. In the event that Photographer and Client decide that action should be taken against such third parties, Photographer may take such action in their own name or, alternatively, Photographer may authorize Client to initiate such action in Photographer’s name. Licensee and Licensor agree to cooperate fully with one another to whatever extent it is necessary to prosecute such action, all expenses being borne by Photographer and all damages that may be recovered being solely for the account of Photographer.

• These Commercial License Use terms survive any modification or termination of this Agreement, unless expressly revoked by Photographer.

• Indemnification.  Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Photographer provides to Client.  Claims against Photographer for the delivered artistic works must be brought to Photographer ‘s attention within one calendar (1) week from date of delivery.  At that time, the Client waives any right to submit a claim to Photographer for reimbursement of any fees previously paid or for her waiver or forgiveness of any fees that may still be outstanding.