Terms of Use

Use License for Copyrighted material

License Terms and Agreement for use of any and all Covered Items produced by Frank Gutowski or Studio G Giclee or RealEstateImagingService.com.  This includes use in the Real Estate industry and marketing of Real Estate properties as well as any other use of any Covered Item by any person or entity.

  • Copyright Owner = (Frank Gutowski, Studio G Giclee, RealEstateImagingService.com, StudioGGiclee.com)
  • Purchaser = (any Real Estate agent, Real Estate Broker, Real Estate agency, private individual or other entity that has requested photographic services, marketing services, design services or any services involving the use of photographic images, graphic images, web design or original copy writing from Copyright Owner). 
  • Purchaser includes any individual that is provided any covered item for personal use by the Copyright Owner.  No other person or entity may provide any Covered Item to anyone for personal use.
  • Covered Items = (images, written text and copy, graphics, photographs, art, files, brochures, web pages, programming code, composition, designs, copyright-able intellectual concepts)

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The Copyright Owner of the Covered Items, grants limited permission and license only to the Purchaser of these Covered Items once payment has been received.  That permission and license is granted as a non exclusive limited right to reproduce or use these Covered Items only in the manner specifically allowed by this license, limited to lawful uses and listed as Permitted uses or West Penn Multi-List Specific Use.

 

This license grants nonexclusive limited use license to the Purchaser to reproduce these Covered Items only for use in the direct Real Estate marketing of the specific property depicted, as long as that marketing is done by the Purchaser.  This license is non transferable by the Purchaser.  The right to transfer that license is retained by Copyright Owner.

 

Permitted uses:

  • Print advertising of the specific depicted property as a property for sale
  • Web advertising including email of the specific depicted property as a property for sale
  • Video broadcast advertising of the specific depicted property as a property for sale

 

West Penn Multi-list Specific Use:

In consideration of Purchaser payment of Copyright Owner fee for creating, preparing and delivering the Covered Items to Purchaser, Copyright Owner grants to Purchaser a license to use the Covered Items in West Penn Multi-List compilations of properties (current and sold) in real estate related advertising, business cards, brochures and other promotional materials, including the right to reproduce, create derivative works from, distribute, and publicly display the Covered Items in print, on the Internet and otherwise.

  • The following is compliant with The National Association of Realtors revisions to its Handbook on Multiple Listing Policy.   
  • The NAR changes specify that:
    Before submitting a listing to the MLS, the listing broker should own or have the authority to license all listing content to be published in the MLS.
    Brokers cannot be required to transfer ownership rights, including intellectual property rights, in their listings or listing content to the MLS to participate in the MLS.
    But MLSs may require brokers to grant the licenses necessary for storage, reproduction, compiling, and distribution of listings and listing information.
  • You agree that we will remain the owners of all the copyrights in the Products. ALL PHOTOGRAPHS ARE THE COPYRIGHT OF THE PHOTOGRAPHER. This agreement does not transfer copyright to you. You agree we reserve all rights not granted to you by this agreement. If we discover that someone is infringing on our copyright you agree to cooperate with us to help us stop the infringement or collect damages.
  • Your Rights permit you post our photographs on multiple listing services and make the Products available in your MLS listing for the Property. However, your Rights do not permit third-parties to copy, display or distribute our photographs for the purpose of providing services competitive with the Products you have purchased from us unless we give you our written permission.
  • If anyone asks you for any of your Rights to the Products, you agree to refer them to us. If we agree to allow others to use the Products an additional licensing fee may be required. We agree not to use the Products in a way that interferes with your Rights.

Non-permitted uses:

  • Purchaser does not have permission to make copies of the Covered Items for sale or for the purpose of circumventing sale of the Covered Items by the Copyright Owner.
  • Purchaser agrees not to authorize any reproductions of the Covered Items for commercial use other than that specifically granted under “Permitted uses” or West Penn Multi-List specific use terms.
  • Purchaser is responsible for communicating the limitations of this agreement to any person who receives a copy of any of these Covered Items or publication reproducing these Covered Items for a permitted use. Purchaser does not have the right to alter in any way Covered Items.

Personal Uses:

  • On occasion, as a courtesy, the Copyright owner may provide copies of Covered Items for direct personal use by Home Owners or private individuals.  On those occasions the only permitted use is for personal non-commercial use.  Commercial use includes passing the covered items on to any other person or entity and includes use for any advertisement or promotion of any business or individual or sale or rental of any property or item.
  • Only the Copyright owner may directly or indirectly pass any covered item on for Personal Use by any person or entity.

 

The Copyright Owner retains the right to use these Covered Items in any lawful manner including the licensing or sale of the rights to use these items in any lawful manner.

 

The Purchaser assures the Copyright Owner that the owners of the property depicted in these items have granted permission for the Copyright Owner to enter the property and take photographs for commercial use and resale, and the property owners have relinquished all rights to those photographs, images and derivative items and Covered Items.   

 

The Purchaser indemnifies the photographer from any and all legal actions that may arise as the result of publication or distribution of these Covered Items, including the use of any information, files images etc. provide by the Purchaser to the Copyright Owner for inclusion in any of these Covered Items.

 

The Purchaser agrees to cease using the Covered Items and any derivatives of those Covered Items on demand of the Copyright Owner if, in the opinion of the Copyright Owner alone, the terms of this license agreement have been violated or if payment for these items has not been received by the Copyright Owner within 30 days of invoicing.