The Texas REALTORS® Legal Department created model policies to help you establish rights regarding ownership and use of photos. They are designed to work together and separately—you can use all of them or only one.
Model Work Made for Hire Agreement
This form states that the broker is the owner and author of the photographs from their creation. Download PDF
Model Assignment Agreement
This form states that a photographer assigns all rights to the photographs to the broker. Download PDF
Model License Agreement
This form states that the photographer retains ownership of the photographs but grants to the broker a license to use the photographs. Download PDF
Learn to Use the Forms
Watch this Texas REALTORS® legal webinar to learn the basics of copyright law, how the law affects your day-to-day brokerage operation, and how to use these forms.
Why does the form have to be signed by the Broker instead of the Listing Agent? I could understand the Broker’s name being on the form, but it seems, especially in my case where my Broker is extremely busy, that it would be easier if the Listing Agent signed the form. And, the Listing Agent is the one who paid for the photos.
I’m on the photography side of this, but doesn’t your broker actually hold the listing? My agreements and terms & conditions are based around who MY client is, which is the listing agent that orders the photos. I may be wrong in my understanding.
The broker doesn’t have to sign it himself. A listing agent is an “AGENT” of the brokerage and as such represents the broker and can sign on behalf of broker as a listing agent or or sales agent does on every brokerage agreement. (Contract Law and Agency Law)
I would think that brokerage owns the photos even if you pay for them according to your engagement contract with your broker. Think of all the advertising you pay for — Who “owns” the lead according to your engagement contract? Or who “owns” the client after you have contracted with the brokerage client? (Contract Law and Agency Law)
It seems to me, the person contracting for the pictures should own them.
You would think, but that is not the case, when you agreed otherwise in your engagement contract with your brokerage. Did you agree otherwise? (Contract Law and Agency Law)