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, specifically for use in the Real Estate industry and marketing of Real Estate properties.
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)
Covered Items = (images, written text and copy, graphics, photographs, art, files, brochures, web pages, programming code, composition, designs, copyright-able intellectual concepts)
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 a permitted 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 West Penn Multi-List real estate related advertising, business cards, brochures and other promotional materials, including the right for the West Penn Multi-List 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 MLS may require brokers to grant the licenses necessary for storage, reproduction, compiling, and distribution of listings and listing information.
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.”
- 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.
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.