Would this be weird to put in a pop up after someone books online. I figure it would be a constant reminder to every agent. I am considering doing this myself.
I suggest listening to https://shootingspacespodcast.com/podcast/episode-123-ask-the-guys-47-new-agent-using-your-photos-without-the-proper-license/ for a discussion about scenarios like this.
I would hesitate to clobber agents with anything that comes across as heavy handed (like a pop up). I think a better approach to is detail your terms and conditions and have your booking form either require a checkbox acknowledging the T&Cs or a statement along the lines of âsubmitting a booking indicates acceptance of yours T&Csâ.
My two cents is that itâs just a losing battle to prosecute an agent for something this minor and itâs a missed opportunity to bring them into your fold.
We have had several issues with agents just grabbing our stuff offline, including custom videos that were made for other agents. But, to be honest, itâs not really worth our time to chase them. We make more money by going forward, not back.
Bottom line is that people have zero understanding of intellectual property and the rights of the image creator. In their mind they are buying a product that they can use for whatever they want. If you put in a simple copyright disclaimer you can at least claim moral high ground when they do steal from you and itâs something you can refer them to at least as a tsk tsk.
Something to be mindful of is that agents can be mercurial and vindictive when they donât get their way and youâll just exacerbate their ire by threatening them with small claims. Might be better to turn it into a sales opportunity vs having them pan you on social to their friends.
Just a thought. Hope it helps.
Greetings All,
I thought I would toss in my 2-cents. I have been a RealtorÂŽ for 17-years and started my photography business by accident 7-years ago when I couldnât find anyone providing the imagery and content I was looking for. The first year I was very lenient and forgiving and sent invoices out the day of the shoot and delivered the content and thought everyone would pay immediately as though they were at a grocery store, restaurant or another business that you pay for what you had just received. Was I wrong! It got as much as $10k owed and I spent hours being polite and nice asking for payment. Some it went as far as getting Brokers involved. I started a media business NOT a bill collection business. January 1 of the second year I changed all that. I added the following âTermsâ (below) to the confirmation email I send clients once I confirm their appointment. The same âTermsâ are on my website as well as the very last step before a client hits submit when ordering AND at the bottom of the invoice I send out the morning of the photoshoot. NO content is delivered until payment is received. I have had maybe less than a handful of people say anything about it. I may have even lost some clients to competition because of it, but I believe that those clients werenât ones that really wanted to do business with me and I am okay with that. I donât want all of the business, only the right business. The last two things I will add that I saw in this or another post; If another agent wants to use images from a listing that has âexpired/withdrawnâ I charge the same rate as I did the first agent, no exceptions. Why should the second agent get a discount that the first agent did not. I firmly believe that my images (along with price) is going to get the property sold so why would I diminish the value of my work. Lastly, I remind the agents that they CANNOT give away the images even to the Seller, however, I will send the Seller the images of their home for memento use only after close of escrow at NO COST. It is my gift to them. I hope this may help some of you.
By ordering services from ToddsFotos.com you agree to the following Service Agreement for Digital Imagery and Tour Products. These terms are subject to change without notice.
TEMPORARY USAGE/LICENSING RIGHTS: FOR SALE OR LEASE PROPERTIES:
Here at ToddsFotos.com, we grant you Temporary Usage/Licensing Rights of the images you purchase for a greatly reduced rate under our Realtor Scale. You get to enjoy our superb photography for unlimited print and web use in marketing your listing and when the listing is sold and/or you are no longer the listing agent, the image rights are withdrawn with the exception of use in Just Sold / Listing Presentations / Personal Marketing materials.
All of our images are copyrighted and are the intellectual property of ToddsFotos.com. We license our images to you for temporary use but the ownership of the images remains with ToddsFotos.com.
The images you purchase are non-transferable and cannot be given away, bartered or sold.
The client who pays for the images is the only one who has the rights to use the images. You cannot give those images to the homeowner, builder, designer, remodeler, stager, etc. of the property photographed nor can you resell the images to anyone or split payment with anyone so they can use the images.
DELIVERY OF IMAGES AND/OR TOUR:
An invoice will be sent via email the day of and prior to the photo shoot. Payment can be paid securely online with a debit/credit card. You may also bring/leave a check at the property at the time of the shoot. Completed photos/tour will be delivered to you once invoice has been paid.
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I fully agree with your approach. Most people are not aware of copyright law. Sometimes a friendly conversation with them can turn them into clients (or licensing revenue). I generated tidy revenue last year by licensing photos to people or organizations that used my work without permission, but willingly licensed many more images after a phone call.
In cases were youâre talking to undesirables with zero good will, you wouldnât want to deal with them daily anyway. Sometimes itâs better to make your point and walk away than get aggressive.
My approach is carrot over stick, and think of the long game.
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Thatâs right to the point. Can I use that, or do I have to pay you a license fee? I wouldnât even have to change the name!
Todd Wasylyshyn
Nananimo Photography
Thanks for your input everyone.
I was second guessing myself on how to handle it. I agree that agents do not understand the concept of the copyright laws when dealing with photography or video. They believe that the iGuide package provides ownership of the photos and that they have paid for it when itâs basically just a courtesy to them. The time and effort do not equal what they have paid for. Agents are fickle creatures and everyone is always out to save a dollar or get value for that dollar. We all need to continue to educate and remind our clients on our own value proposition just as agents do when they are doing their listing or buyer presentations.
Todd (not me, but the other one),
Nice to see that there is a sense of humor on here. I donât have a problem with anybody using what I posted. Just make sure to change the name to protect the innocentâŚ
Perhaps I should be like Kevin OâLeary on shark Tank. I could charge you a royalty fee in perpetuityâŚ