Who owns the marketing photographs of your property?

We recently came across a couple of client issues relating to property photography.

Scenario 1 

A client was perplexed that an agent selected the same photos for a new listing today that were used in the sale of their house five years ago! 

However, the five-year-old photos are the property of the vendor who paid for them, and the agency is not permitted to use them without the vendor’s approval. Old images may also contain furniture, artwork and other items which are private to the original vendor.

Scenario 2 

So your Authority expires, you are not happy with your agent, and you want to list with another agent. You have already paid the original agent for the photographic shoot used for the internet listing, brochures, print ads and signboard.

Are you entitled to take the pictures and use them with your new agent to save some money?

According to standard agency terms and conditions yes you are. If you and your new agency are happy with photography, then ask for the working proofs from your first agency and use them.

Before you sign that exclusive sales authority to sell your property be certain the listing agent understands that the photos are yours and you would like them back. 

Email us at ela Property Advocates, Guy Angwin guyjohn@iinet.net.au or Geoff Briscoe geoffbriscoe@tpg.com.au, to assist you with buying or selling a property.

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