Answers by Stephanie Meyer

The photographer owns the copyright—even when the listing agent paid for the photos. The agent might have paid for them and because of that the photographer gives them copies of the pictures to use, through license permissions, rather than ownership. A written copyright transfer or a qualifying work-for-hire arrangement can change that. U.S. Copyright Office Here’s how the roles break down: (Party) What they normally have (Photographer or photography co) Copyright ownership, unless it was transferred or another ownership arrangement applies. (Listing agent or brokerage) A license to use the photos under photography agreement—or ownership if copyright was expressly given (Homeowner) Owning the house does not automatically give you ownership or reuse rights to the photographs. (MLS) Rights to display and distribute the photos under its agreements. Uploading photos to MLS does not automatically make MLS their copyright owner. Expiration or firing the agent does not transfer the photo rights to the homeowner or the next agent. Whether an existing license continues after termination depends on its terms. Having the image files also does not, by itself, give someone permission to reuse them If the photographer retained copyright, obtain written permission from the photographer or photography company covering the homeowner and the new brokerage’s intended use. There may be a new licensing fee.

The other things to remember when selling the home with items you want to leave are also things like above ground pools, sheds, spas, outdoor kitchen equipment that is not built in, plug in fireplaces and window AC units . Anything that can be taken away by the owner if they choose to take it apart or move it is considered personal property and is not something that the Loan will give value to. Pools and sheds are the tricky one. Appraisers can give some value at times depending how they are installed but in FL on the AS IS contract they are put as personal property that gives no value as are kitchen appliances. Also, “included at no additional cost” doesn’t automatically prevent an underwriting adjustment. Fannie Mae specifically identifies furniture and other giveaways as potential sales concessions, which can reduce the price used for loan-to-value calculations. That is different from merely giving them no appraisal value. I even had one lender's underwriter try to tell a buyer that the new fence the seller wanted to put up for the buyer before the sale was a potential inducement for sale, not taking to account it was to keep the cows on one side and the buyers front porch safe on the other. It might have been seen as an inducement in a purely residential neighborhood and if it was just a privacy fence but it was to keep cattle from roaming into the street and becoming a public hazard or from getting near the house and damaging the property. It is always smart to to put "extras" on a different document and not have the agents sign it.... just have buyer and seller agree. Best practice is to keep it out of agent conversations or agent signing programs so that it is not seen as part of the typical sales contract. Steph