License.
- Photographer owns and retains all copyrights for this work. He hereby grants to Client a non-exclusive, non-sub licensable, revocable, and non-assignable right to display, broadcast, and transmit (collectively “use”) the Licensed Content in any and all media, now known or hereafter devised, in the Territory, and during the Term, provided that the Licensed Content shall only be used to promote the sales and marketing of the property depicted in the Licensed Content (the “Subject Property”).
- The term for this License commences upon payment of the production and license fees for the Licensed Content. The term continues while such Subject Property is listed with Client. The term is terminated when the listing is deactivated on the Client MLS or the Subject Property is sold. If requested, the Client shall confirm to Photographer that the MLS has been notified that the listing is no longer active and/or the property is sold.
- Client may transmit the Licensed Content to an MLS for display via its complied database during the active term of the listing in the MLS system providing the Client is a member of the MLS in good standing. This right to display via the MLS complied database includes its distribution via IDX to current members of the MLS in good standing. This use right terminates when the MLS is notified by the Client that the listing is no longer active, or the Subject Property is sold.
- Notwithstanding the foregoing, Licensed Content used by Client prior to the expiration of an applicable representation agreement between Client and a third party may continue to be used by Client after the expiration of such representation agreement, for the sole purpose of marketing the Client in the context of the Client showing previous properties for sale/sold by Client that represented the subject property.
- Licensed Content displayed in a particular product or end use (e.g., in a brochure or a social media post) prior to the expiration of the Term may continue to be used in perpetuity solely in that product or end use.
- All rights not explicitly granted in this License are reserved to Photographer. Photographer is and will remain the sole and exclusive owner of the copyright and all other rights in and to the Licensed Content.
- No other rights or uses are permitted without the prior written consent of Photographer.
License Restrictions. - Client, MLS, or MLS IDX subscriber shall not crop, rotate, alter, create derivative works of, change, manipulate, or combine the Licensed Content with other image(s) or works without Photographer’s prior written permission.
- Client, MLS, or MLS IDX subscriber displaying the Licensed Content is prohibited from using the Licensed Content in any logo, trademark, or service mark.
- Client, MLS, or MLS IDX subscriber displaying the Licensed Content is under no circumstance permitted to remove, or alter, any Copyright Management Information (CMI) and other metadata embedded in, or attached to, the Licensed Content.
- When Licensed Content is used on a social media or other third-party website or application that permits sharing of displayed content, in the event the website seeks to exploit rights to the Licensed Content contrary to the terms of this License, this License to the extent it extends to the relevant Licensed Content shall be automatically revoked, and Client shall notify the Photographer and take commercially reasonable efforts to remove the Licensed Content from such website.
- The License grants no rights to a third party operating an MLS listing complied database, internet portal, or IDX distribution service. Any third party displaying the Licensed Content on behalf of the Client that continues to display the Licensed Content after receiving a listing closed notification from the Client directly or via an IDX feed shall be deemed to be willfully infringing.
- Client is under no circumstance permitted to sell or collect payment of any kind for the use or display of Licensed Content produced by Photographer.
- Client is not permitted to assign the rights granted to Client by Photographer to any third parties without his express written consent.