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Photography, drone footage

#Post
1

A hypothetical question , if you engage a real estate agent to sell your house and it doesn't sell , do you own the photography ( to use to sell privately or with another agent) if you have paid for this originally ?

bergkamp - 2021-11-13 09:57:00
2

No, the photographer owns the copyright but generally a small fee is charged if you contact him/her and tell them you want to use the photos for another campaign.

fergus14 - 2021-11-13 10:05:00
3

If commissioned, then the copyright rests with the person having commissioned the work. However many agreements pass copyright back to the photographer.

Edited by sparkychap at 10:31 am, Sat 13 Nov

sparkychap - 2021-11-13 10:24:00
4

Ok that's interesting ...so even though we have paid a large amount of money for these photos (via the agent ) they still belong to the photographer

bergkamp - 2021-11-13 11:52:00
5

We owned the photos of our property when we were on the market and re used them when we had to remarket.
What does your contract with them say?
(Pretty sure the original agent wouldn’t have let us have them otherwise, we didn’t part company as friends...) ????

lovelurking - 2021-11-13 12:03:00
6

As above. It depends on what you signed. If there is no contract agreed, they belong to photographer unless they were commissioned. So if you commissioned the photographer to take them, then you own them. It's probably grey in the real estate scenario because you commissioned the real estate company to sell your property and they may have commissioned the photos. But the contract should clarify it.

On a different aspect - to take drone photos they need the permission of any property owner that the drone flew over. So if it only hovered above your property you're fine. But if it encroached on the neighbours' air space, that's an issue.

raewyn2 - 2021-11-13 12:11:00
7
raewyn2 wrote:

As above. It depends on what you signed. If there is no contract agreed, they belong to photographer unless they were commissioned. So if you commissioned the photographer to take them, then you own them. It's probably grey in the real estate scenario because you commissioned the real estate company to sell your property and they may have commissioned the photos. But the contract should clarify it.

On a different aspect - to take drone photos they need the permission of any property owner that the drone flew over. So if it only hovered above your property you're fine. But if it encroached on the neighbours' air space, that's an issue.

So if a news chopper is flying over a city and filming a story it needs to get permission from all the properties it grew over?

bergkamp - 2021-11-13 12:21:00
8
bergkamp wrote:

So if a news chopper is flying over a city and filming a story it needs to get permission from all the properties it grew over?

???? Hardly the same thing though is it?

lovelurking - 2021-11-13 12:26:00
9
bergkamp wrote:

So if a news chopper is flying over a city and filming a story it needs to get permission from all the properties it grew over?

Different rules. People flying drones have specific restrictions.

raewyn2 - 2021-11-13 12:32:00
10
raewyn2 wrote:

As above. It depends on what you signed. If there is no contract agreed, they belong to photographer unless they were commissioned. So if you commissioned the photographer to take them, then you own them. It's probably grey in the real estate scenario because you commissioned the real estate company to sell your property and they may have commissioned the photos. But the contract should clarify it.

On a different aspect - to take drone photos they need the permission of any property owner that the drone flew over. So if it only hovered above your property you're fine. But if it encroached on the neighbours' air space, that's an issue.

I did think about that, but it's "commissioned" or "paid for" so if the vendor has specifically paid for the service to the agent, they own the copyright unless assigned back to the photographer.

Edited by sparkychap at 12:38 pm, Sat 13 Nov

sparkychap - 2021-11-13 12:38:00
11
bergkamp wrote:

Ok that's interesting ...so even though we have paid a large amount of money for these photos (via the agent ) they still belong to the photographer

Maybe. Hypothetically of course.

desi1969 - 2021-11-13 12:59:00
12
desi1969 wrote:

Maybe. Hypothetically of course.

He needs to read his hypothetical contract.

sparkychap - 2021-11-13 13:02:00
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