Copyright and Licensing Agreement
To provide the best service and support, Fishburne Photographic, LLC does not sell photographs — we license their use. Licensing depends on (1) payment in full, (2) the photographs being used only as described below, and (3) proper copyright notification.
Copyright Notice
All Photos, and all rights relating to them — including copyright and ownership rights in the media in which the Photos are stored — remain the sole and exclusive property of Fishburne Photographic, LLC (“Photographer”). Copyright is never transferred, whether by delivery, payment, or upload to any platform.
Limited Licensing Agreement
This Agreement grants the Realtor (“Licensee”) a limited, non-exclusive, non-transferable right to reproduce, publicly display, and distribute the Photos solely for promotional or advertising purposes directly related to the sale of the specific property photographed (the “Property”), including MLS listings, printed marketing materials, and the Licensee's business or personal real estate social media. Photos may be uploaded to any MLS solely to promote the Property during the term of this Agreement; regardless of any MLS terms, this Agreement does not transfer copyright or any other exclusive right under the Copyright Act, 17 U.S.C. § 106.
Unless otherwise agreed in writing, the license terminates on the earlier of: (a) the end of the Licensee's representation of the Property, or (b) the sale, withdrawal, or cancellation of the listing. Limited licensing rights are assigned to the Licensee immediately upon delivery of the Photos. Any use beyond the scope or term of this license requires the Photographer's written permission and payment of additional fees.
Prohibited Uses
Without the Photographer's prior written permission, the Licensee may not:
Sell, share, sublicense, or distribute the Photos to any party not covered by this license;
Transfer or assign the license to a new listing agent, brokerage, or to any property other than the one photographed;
Provide the Photos to homeowners, buyers, stagers, designers, builders, or other third parties;
Edit, alter, or manipulate the Photos beyond basic resizing or cropping;
Use the Photos in connection with any future or unrelated listing (community amenity photos may be reused for the same community by written arrangement).
Having a copy of a Photo does not constitute permission to use, share, or reuse it. Use outside the scope of this license — intentional or accidental — may constitute copyright infringement.
Homeowner and Buyer Requests
Homeowners and buyers who would like copies of the Photos should contact Fishburne Photographic, LLC directly. The Licensee may not forward, share, or otherwise distribute Photos to homeowners, buyers, or anyone else not covered by the license.
Transfer of Listing
If representation of the Property transfers to another agent, the license under this Agreement ends and a new photo session is encouraged. Where re-licensing of existing Photos is available, it is billed at the standard shoot rate; not all Photos are available for reuse, and some may be subject to exclusive agreements.
Third Parties
Builders, stagers, designers, or other third parties who wish to use the Photos must contact Fishburne Photographic, LLC directly for licensing and fees. A property release from the homeowner is also required from any such third party.
Photo Credit
Credit is not required for standard listing use, but is appreciated for social media or editorial use. If tagging, please credit Fishburne Photographic, LLC.