We pride ourselves on the service and quality photography and videography services we provide; it’s what started our business after all! But because we are a business, there are legalities our clients agree to when purchasing any of our packages. These guidelines can be found in our terms of service, but are also going to be briefed here for better understanding.
Our guidelines are in place to ensure proper expectations and understanding both from us as a business and to you as a client. By ordering services from VAST Media, the client agrees to our Service Agreement for videography and photography needs. Transparency by us and received by you as the client ensures a smooth and efficient service from start to finish. Expectations are clear and everyone is aware of the cans and can’ts.
VAST Media does not sell photographs or video. Instead, we license the use of them for
the sell and promotion of a real estate listing or commercial/ event promotion. Photographs and videos are considered intellectual property– much like music or software you may purchase. You’re not ‘owning’ the photos/music/software, but instead using it for your specific need, which in most cases is the sell and promotion of a listing or event. In any case, the photographs and videos should only be used for what the client indicated during the initial agreement.
In the Licensing Release, only the client has permission to use the delivered photos and video on any electronic or printed forms of advertisement for the promotion of the listing. Clients may use these videos and photographs on their social media or MLS listing services by the purchasing client, solely for the promotion of the listing during the pendency of the agreement. This means that any builders, stagers, designers, or “third parties” who wish to use photographs or video owned by VAST Media must contact us directly for licensing and fees of their own.
However, regardless of any terms and conditions of the MLS, at no time does this agreement provide the right to transfer copyright or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106.
Since photography is a large part of what we do, we ask that our images keep their integrity and originality. Please avoid heavily altering (with exception of resizing) our photographs and video once delivered. This ensures that the product that we’ve created and put out accurately reflects our standards and quality assurance.
One common area of confusion takes place when an original real estate agent had ordered and used photographs and videos for a listing, but the listing has been lost or withdrawn/expired. The photos and videos cannot be assumed by a new agent and that new agent must contact VAST Media to obtain a new license. Despite the photos or videos being specific to that location, the license was with a different client and is non-transferrable.
All in all, any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by VAST Media should be the exclusive property of VAST Media. Usage of any of this product without permission or a license is in violation of the law and is copyright infringement and Unauthorized use of photographs/video is a copyright violation and will result in the termination of the contract with said client.
Because this is the property of our company, VAST Media reserves the right to use video and photos for advertising, display, publication, or other purposes. All photos, samples, videos, and proofs remain the exclusive property of VAST Media unless waived by amendment to the terms of service agreement.
The key words are permission and license. Without it, you’re in violation of our terms of service, but more so, you’re discrediting our originality. So, if you’re unclear on the usages of your photos or videos, be sure to look over the licensing agreement or terms of service and ask any and all questions. We're here to be a team and want nothing but transparency with our clients!