Understanding Licensing for Real Estate Photography in NSW
When working as a real estate photographer in NSW, it’s essential to understand the nuances of licensing and copyright. These principles ensure proper usage of your work while safeguarding your rights as the creator.
Copyright: Who Owns the Photos?
Under Australian law, the Copyright Act 1968 (Cth) automatically grants the photographer ownership of the images they create. This means that unless a specific agreement transfers copyright, the photographer retains it by default. Even when a real estate agent or property seller pays for the photography, they are typically granted a license to use the photos, not ownership of the copyright itself. This license often allows for specific uses like marketing a property during its sale period, but doesn't include transfer of agency listings, or reusing the shots for later sales. The Photographer must be contacted if the usage extends beyond the terms outlined. Usually, the photographer will be able to set up a new licenence agreement, charging a licencing fee.
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Types of Licenses in Real Estate Photography
Photographers often offer tailored licenses, depending on the client’s needs:
Limited Use License: Grants rights to use the photos only for selling the specific property.
Full Usage License: Broader permissions, such as allowing future use for marketing or other properties. Full licensing allows the buyer to share and re-sell images (Although always good to read the photographers Terms and Conditions surrounding this). Usually this Full Usage License is around 4 times that of the Limited Use Licence, as the photography can be resold by the purchaser.
Transfer of Copyright: While rare and typically requiring additional fees, this option transfers all rights to the client, relinquishing the photographer’s control over how the images are used
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Licensing Misconceptions
A common misunderstanding in the real estate industry is that payment equals ownership. However, this is not the case unless explicitly stated in a written agreement. In most cases, the photographer’s copyright clause in contracts will outline that usage rights are provided without transferring ownership
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Practical Considerations
Agreements in Writing: It’s crucial to document licensing terms to avoid disputes. Clear contracts protect both the photographer and the client. (My Licencing terms are available through the contact page of my website or indicated when making a booking through our booking portal.)
Drone Photography: If aerial shots are involved, compliance with Civil Aviation Safety Authority (CASA) regulations is mandatory.
Privacy Laws: When photographing tenanted properties, photographers must avoid including tenants’ possessions unless explicit consent is provided.
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Why Can’t I Get a Cheaper Price If I Only Need a Couple of Shots?
It might seem logical that fewer photos should mean a lower price, but the reality of professional photography tells a different story. Photographers base their pricing on the total time and effort required for a shoot, not just the number of images delivered. A session involves much more than pressing the shutter—it includes travel time, setup, pack-down, editing, and administrative tasks. Whether you need two photos or twenty, these fixed time investments remain largely the same.
For example, a standard 1-hour shoot might cost $200, factoring in 1 hour each for travel, on-site work, and editing. Reducing the number of photos may cut the shooting and editing time slightly, but the fixed travel and preparation time mean that the overall savings are minimal. Moreover, photographers must consider opportunity cost—time spent on smaller jobs might be better allocated to larger, more lucrative projects.
By understanding this, clients can appreciate why professional photographers often maintain a pricing minimum, regardless of the number of shots.
Why Licensing Matters
From a business perspective, licensing gives photographers a recurring income opportunity as clients may need additional usage rights for various marketing campaigns. It also helps maintain control over how and where the work is displayed.
For instance, imagine If a photographer has been booked by a real estate agent to shoot the house for the purpose of selling the property, however the house is newly constructed and the builder would also like the photos for his marketing, as well as share to his suppliers. Suddenly the photography purpose is broadened, and the photos may be shared and reused by many parties. The best case scenario is that the builder books the photographer and pays for full usage licensing- this way they can be used and shared without legal ramification. If the agent books the photos, he has agreed to pay the usual limited use license to the photographer, and the photographer can invoice both the agent, and the builder separately for their own purposes and licences.
If the builder does not pay the Full Usage Licensing, but sends the images off for publishing, for instance by a commercial magazine, the photographer could invoke legal action as the magazine would essentially be profiting from the photographers work without having the licensing approved to do so.
For additional guidance on copyright and licensing in real estate photography, you can read more from Anton Gorlin Photography and Legal123
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By establishing a clear understanding of licensing, photographers can protect their creative work while meeting the needs of their real estate clients.
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