Inaflash Loc: NE New Jersey

I had a unique situation happen recently. I shoot real estate properties for agents and brokers. I did a property photo shoot for an agent and was paid for my services. The listing expired and the house didn’t sell. So the home owner decided to list her property with another agent from a different company. This happens all the time.

The new agent who got the listing contacted me to shoot the property not knowing I was the photographer who shot the property the first time.

So I figured why reshoot the same house again since the home owner called me and said that she loved the pictures I took and would be happy to use them again and that nothing had changed in the house.

So I sold my pictures to the new agent. A few days after the pictures were posted on MLS the old agent saw them on MLS and demanded that they be removed saying that they were her pictures.

Who's right, can I resell my pictures to another agent if I want to? I want to do what’s right.

RocketScientist Loc: Littleton, Colorado

The owner and rights of you and the original person you contracted with are entirely up to the wording of the contract you both entered into. To answer your question properly, we would need to see the contract.

Mac Loc: Pittsburgh, Philadelphia now Hernando Co. Fl.

I believe that if the you were paid to take the photographs, they belong to the person or company who paid you.

Inaflash Loc: NE New Jersey

Never had a written contract, real estate agent calls me with a photo shoot request we schedule a time for the shoot I take the photos they pay me and I send them the pictures.

GoofyNewfie Loc: Kansas City

Not always true.
The wording in the contract, if there is one, should spell that out.
You can contract for exclusive rights for a certain time period, one time use, geographic region, limit the usage to print, web, broadcast, point of sale, reuse.... it goes on.

Inaflash Loc: NE New Jersey

What about copyright laws. Photographs are copyrighted and usually owned by the photographer.

CaptainC Loc: Colorado, south of Denver

This is why you need a contract. It could be very simple.

The agent can make a good case that this is WFH - Work for Hire - in which case the agent does own the images - and the copyright.

But a contract could have clarified that the image are LICENSED to the real estate organization until such time as the property either sells or the contract with the seller expires. In that case, you have not given up the copyright, but just licensed the images for a specific usage/time.

And now you know for future sessions.

wilsondl2 Loc: Lincoln, Nebraska

This will never go to court. Not enough money in it. I would run not walk and take another picture and ask the 2nd guy to use it. Hope you don't lose both as customers. Just my thoughts. - Dave

St3v3M Loc: 35,000 feet

I am not a lawyer, but as I see if it was the same house and different photos then you would be fine, but since you re-used them you have a problem. Take them down, do the work and re-shoot the house.

Lenf Loc: Strasburg,PA

I am a Broker and in most cases the MLS states very clearly to the agent the photos entered by the agency are property of the agency entering the photos, this could be one that could be argued in court several different ways, and by serveral different MLS listings. The agent normally does not own the photos they take or hire someone to take , the real estate agency does as well as owning the listing.
In your case , I am sorry, I would never consider using your service again , if you did this to my company. I would have highly recommended you reshoot the photos , rather than take the easy way out..
All I can say is we learn from our mistakes and yes I agree ,that the agent should have not trusted anyone and had a contract in writing, to protect this from happening.
The original agent and agency can file a MLS complaint against the new listing agent and agency for copying the photos..
The answers lies in the MLS contracts and their policy and the implied intent represented by you and the agent who hired you even if it was verbal or written. Most courts will acknowledge a verbal contract.

RocketScientist Loc: Littleton, Colorado

Here's a good start:
http://www.google.com/search?q=photography+contract+template

Now go customize one of them and run it by a lawyer. Explain to him what you want, and make sure it is legal where you intend to do business.

Inaflash Loc: NE New Jersey

---------------------------------------------------------------
Not going to get into contracts with agents. It's a challenge getting there busines in the first place since they mostly have to pay for my service out of there own pockets. Seems like I'll have to just take the same pictures over again and charge the new client full price.

Curtis_Lowe Loc: Georgia

The Agent cannot get ownership just by his use {entering them in the MLS}. The Owership of the photos is between the Agent and the Photog. The was or should have been an understanding when the transaction took place. I can understand the Original Agent being upset if the new agent go the photos from the original listing but he did not he got them from the photog.
As everyone has said a signed contract or release is the ticket here to resolving the problem.

Inaflash Loc: NE New Jersey

----------------------------------------------------------------
I really don't care about doing a re-shoot it's just that it's basically going to be the same results as the 1st shoot. Nothing in the house has changed and it is a small house with not many angle changes involved.

St3v3M Loc: 35,000 feet

I understand, but you basically gave the same present to two different people. Shoot it again and everyone is happy.