By downloading, accessing, receiving, uploading, publishing, or otherwise using any
photographs, video, aerial media, floor plans, virtual-tour content, or other visual media
provided under this Agreement, the client ordering or receiving the media (“Licensee”)
acknowledges and agrees to the following Limited Copyright License Agreement.
For purposes of this Agreement, SPECTRUM REAL ESTATE PHOTOGRAPHY
(“Spectrum”) is a trade name and DBA of BLUE OCEAN PHOTOGRAPHY, INC. and is
not a separate legal entity.
- Copyright Ownership
The photographs and other media covered by this Agreement are created by BLUE
OCEAN PHOTOGRAPHY, INC., doing business as SPECTRUM REAL ESTATE
PHOTOGRAPHY (“Creator”).
The Creator initially owns the copyright under applicable law. The copyrights in the
media covered by this Agreement have been assigned and transferred to BLUE
OCEAN IP HOLDINGS, LLC (“Licensor”), which is the current copyright owner.
Accordingly, all copyrights and associated intellectual-property rights in the photographs
and other copyrighted media covered by this Agreement are the sole and exclusive
property of BLUE OCEAN IP HOLDINGS, LLC.
Payment for photography or media services to Spectrum, Blue Ocean Photography,
Inc., or any affiliated party does not constitute a sale, assignment, or transfer of
copyright to the client, homeowner, real estate agent, brokerage, or any other party, nor
does it create a work-for-hire arrangement unless expressly agreed to in a separate
written agreement signed by the copyright owner.
Licensor retains all copyright, reproduction, display, distribution, licensing, relicensing,
promotional, portfolio, competition, advertising, publication, and other rights not
expressly granted to Licensee under this Agreement.
- Limited, Non-Exclusive and Non-Transferable License
Licensee is granted a limited, non-exclusive, non-transferable license to use the media
solely for marketing the specific property for which the media was originally created and
only in connection with Licensee’s representation of that property.
This license does not grant Licensee ownership of the media or any exclusive rights.
Licensor retains the unrestricted right to license, relicense, display, publish, market,
archive, or otherwise authorize use of the media by other parties, subject to applicable
privacy and legal restrictions.
Licensee may not sell, assign, sublicense, transfer, share, give, or otherwise provide the
media or usage rights to another person or entity without prior written authorization from
Licensor.
- Permitted Real Estate Marketing Use
During Licensee’s active representation of the property, the media may be used for
customary real estate marketing, including applicable MLS systems, brokerage
websites, real estate portals, digital advertising, social media, printed marketing
materials, email marketing, and other advertising directly related to the current sale or
rental of the property.
Reasonable “Just Sold,” “Sold,” portfolio, or comparable agent self-promotional use
relating to the completed transaction may continue after closing, provided the media is
not used to market the property for a new sale, rental, listing, commercial venture, or
third-party purpose.
All use must comply with applicable MLS rules, brokerage policies, advertising
regulations, and other legal requirements. Licensee is responsible for ensuring that it
has a valid license for all media uploaded to an MLS or other publication platform.
- Expiration of Property-Marketing Rights
Except for the limited post-transaction promotional use described above, Licensee’s
right to use the media to market the property ends when Licensee’s listing or
representation of the property closes, expires, is withdrawn, is canceled, is
terminated, or otherwise ends.
The media may not thereafter be reused to market the property under a new listing, new
brokerage, new agent, new owner, future rental offering, or subsequent transaction
without a new written license from Licensor.
If a property is relisted, transferred to another brokerage or agent, or returned to the
market following expiration or cancellation of the original listing, the previous media may
not automatically be reused. A new license or re-licensing agreement must first be
obtained from Licensor.
- Third-Party Use Prohibited
The license is granted only to Licensee. No third party acquires any rights merely
because the media depicts a property in which that party has an ownership, contractual,
design, construction, management, or other interest.
Without prior written authorization from BLUE OCEAN IP HOLDINGS, LLC, the media
may not be used by or transferred to any third party, including but not limited to
architects, builders, developers, interior designers, decorators, stagers, homeowners,
sellers, buyers, subsequent real estate agents or brokerages, property managers,
vacation-rental companies, hotels, publications, advertising agencies, vendors,
contractors, manufacturers, or other commercial entities.
A homeowner’s payment for photography or media services through Spectrum or Blue
Ocean Photography, Inc., or the homeowner’s ownership of or interest in the
photographed property, does not convey ownership of the photographs or any right to
distribute, transfer, license, reuse, or authorize use of them.
Any third party wishing to use the media must obtain a separate license directly from
BLUE OCEAN IP HOLDINGS, LLC.
- MLS and Distribution Platforms
Licensee may upload properly licensed media to an MLS and other customary real
estate marketing platforms as reasonably necessary to market the property during the
authorized license period.
Any license, sublicense, or distribution rights required by an MLS or marketing platform
shall extend only to the degree reasonably necessary for that platform to display and
distribute the media in connection with the authorized property listing and shall not
expand Licensee’s own rights under this Agreement.
Unauthorized reuse, redistribution, republication, or continued use of the media
following termination of Licensee’s authorized listing rights is not permitted merely
because copies remain available through an MLS, portal, archive, website, or other
third-party database.
- Alteration of Images
Licensee may not materially alter, manipulate, modify, composite, remove copyright
information from, or create derivative works from the media without prior written
permission from Licensor, except for ordinary resizing, cropping, or formatting
reasonably required by an MLS or advertising platform that does not materially change
the visual content of the work.
- Editorial Use, Attribution and Copyright Notice
Images submitted or authorized for editorial, publication, media, or other credited use
shall identify SPECTRUM REAL ESTATE PHOTOGRAPHY, a DBA of BLUE OCEAN
PHOTOGRAPHY, INC., as the photographic source and BLUE OCEAN IP HOLDINGS,
LLC as the copyright owner, unless Licensor provides alternative written instructions.
For media originally delivered under the Spectrum Real Estate Photography brand, the
preferred credit is:
Photo: SPECTRUM REAL ESTATE PHOTOGRAPHY / © BLUE OCEAN IP
HOLDINGS, LLC
Where formatting permits separate attribution and copyright notices, the following may
be used:
Photo Credit: SPECTRUM REAL ESTATE PHOTOGRAPHY
© BLUE OCEAN IP
HOLDINGS, LLC
For legal and ownership purposes, any reference to Spectrum Real Estate Photography
as the photographic source refers to BLUE OCEAN PHOTOGRAPHY, INC., doing
business as SPECTRUM REAL ESTATE PHOTOGRAPHY.
Editorial submission or publication does not transfer copyright ownership or grant the
publisher any continuing commercial, advertising, sublicensing, archival licensing,
syndication, resale, or other usage rights beyond the specific use authorized by
Licensor.
- Licensor’s Continuing Rights
Licensor retains for the duration of the copyright all lawful reproduction, display,
portfolio, archival, promotional, competition, marketing, advertising, trade-publication,
educational, and licensing rights in the media.
Licensor may exercise these rights directly or may authorize BLUE OCEAN
PHOTOGRAPHY, INC., including through its SPECTRUM REAL ESTATE
PHOTOGRAPHY trade name, as the creator and operating photography company, to
display or use the media for portfolios, promotional materials, photographic
competitions, websites, social media, advertising, trade publications, presentations, and
other lawful business purposes.
- Unauthorized Use and Re-Licensing
Any use outside the scope of this Agreement requires prior written authorization from
BLUE OCEAN IP HOLDINGS, LLC and may require payment of an additional licensing
or re-licensing fee.
Downloading, receiving, or possessing a media file does not create ownership or
additional usage rights. Likewise, receiving images from a homeowner, previous agent,
brokerage, MLS, website, designer, builder, publication, or other third party does not
establish permission to use those images.
When a listing changes agents or brokerages, is relisted, or the media is proposed for a
new commercial purpose, the party seeking to use the media must obtain appropriate
authorization directly from BLUE OCEAN IP HOLDINGS, LLC.
Any unauthorized reproduction, publication, distribution, transfer, commercial use,
sublicensing, or display may constitute copyright infringement and may subject the
unauthorized user to remedies available under applicable law.
All Spectrum images are available for annual leasing. Please call our office with your
requirements and we will send you a proof sheet of images that fit your parameters.
Each image can be licensed for an annual fee of $2,000, and can be used per our
licensing terms and conditions.
BLUE OCEAN IP HOLDINGS, LLC expressly reserves all rights not specifically
granted under this Agreement.