A Helpful Guide to Licensing & Use Surrounding Real Estate Photography
- Bronte Lockwood
- Nov 26, 2024
- 5 min read
Updated: May 6
Understanding Licensing for Real Estate Photography in NSW
When it comes to real estate photography in NSW, understanding licensing and copyright isn't just a legal technicality—it’s a practical necessity. Whether you work in the industry or want to book a photographer, its important to know the legalities around sharing, displaying and distributing images. In this blog, I’ll walk you through the key considerations that impact how photography is used in the Real Estate industry, why professional photography isn’t something you can get “cheaper” without compromising on quality or rights, and why licensing matters not just for photographers, but also for agents, property owners, and marketers alike.
Understanding Copyright
Q: But, If I paid for the photos, doesn't that mean I own them?
A: No. The rights of the photograph almost always remain with the photographer and the price paid by the client is a fee for the service provided.
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 licence agreement, charging a licencing fee.
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Types of Licenses in Real Estate/Property 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. This is the default agreement in Real Estate Photography.
Full Usage License: Allows broader permissions, such as 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 sold at a much higher cost than a Limited Use Licence, as the photography can be resold by the purchaser. A Real Estate agent might consider this option if the property has just been built, and the builder also requires photography.
Transfer of Copyright: While rare and typically requiring high 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
Understanding licensing can be tricky—especially in the fast-moving world of real estate. Here are some of the most common myths I come across when it comes to photography usage, rights, and copyright in NSW:
1. "Once I have the photos, I can use them however and whenever I like."
As outlined, Many clients assume image use is unlimited, but that’s rarely the case. Licenses typically cover a specific use (like marketing a property) for a limited time—often 12 months. Using photos outside these terms, such as years later for a new sale or rental listing, can breach the license, as well as selling laws. And no, the photos don't automatically become "free" after a long time—copyright in Australia lasts for 70 years after the creator's death. So whether it's 5 years or 50, usage still needs to respect the license terms.
2. "Licensing is just for the photographer."
Actually, licensing protects both parties. It gives the client confidence in what they’re allowed to do with the images, and ensures the photographer’s rights are respected. Clear licensing avoids legal grey areas and helps everyone operate professionally.
3. "I’ll just use stock images instead."
Sure, this could work for perhaps location images or drone shots. But as you'll most likely have to purchase them first, and then are limited to how you can manipulate them, its propbably just easier to book a photographer for all your needs covered at once. It will also ensure images are relevant and up to date.
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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 Licensing terms are available on my website or indicated when making a booking through the 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.
Image Storage: Usually images are only stored by the photographer for a limited time for practical reasons, and agents should make sure to have copies saved.
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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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