Bethany, short answer first: in the great majority of full-service listings, photography is included in the agent's marketing budget and is not a separate line item billed to you. The ten answers above have that right. Here is the part none of them mentioned, and it is the part that bites sellers later. Whoever pays for those photos, you almost certainly will not own them. Listing photographs are copyrighted creative works. Under U.S. copyright law the copyright belongs to the person who created the image, which is the photographer, from the moment the shutter clicks. Paying an invoice does not transfer it. A handshake does not transfer it. Only a signed written agreement does. People assume "work made for hire" solves this. Usually it does not. For a commissioned work by an independent contractor to qualify as a work made for hire, three things must all be true: the work is specially ordered or commissioned, there is a signed written agreement saying it is a work made for hire, and the work falls into one of nine specific categories listed in the statute. Standalone photographs are not one of those nine categories. So a contract saying "work for hire" often does not do what everyone assumes. The instruments that actually work are a written assignment of the copyright, or a license. What your agent buys is almost always a license, and it is typically limited to marketing that specific listing for that specific term. That single fact explains a lot of behavior you may have noticed: - Photos come down when a listing expires. - The next agent cannot reuse them and reshoots the same house. - Sellers who switch agents are told they cannot take the images with them. - Photographers send invoices and demand letters when images show up somewhere the license never covered. That last one is not hypothetical. The best known case is VHT versus Zillow, where the photo company kept ownership and granted only limited licenses, and Zillow was found to have directly infringed when the images ran on its home design site. National Association of Realtors even publishes sample photo agreements on this, which tells you how routinely it comes up. So here are two asks to make before you sign a listing agreement. They cost nothing and they are ordinary requests. First, get it in writing that professional photography is included at no separate charge, and that it will not be billed back to you if the listing is cancelled or withdrawn early. Marketing reimbursement clauses are where a free photo shoot turns into an invoice. Second, ask for a written license in your name that survives the listing agreement. One sentence does it: the seller receives a perpetual, non-exclusive license to use the listing images for any purpose related to the property. That is what lets you use them later for a rental listing, a sale by owner, or a future relisting without anyone sending you a letter. One 2026 note, since you asked in early 2024. After the industry practice changes that took effect on August 17, 2024, sellers read listing agreements far more carefully and negotiate services openly. Asking what is included, in writing, is completely normal now. A fair caveat: practice varies. Some flat-fee models charge photography separately, and some luxury programs include drone, video and floor plans as standard. The variable is not generosity, it is which service model you hired. I am a real estate professional, not an intellectual property attorney, so if real money rides on image rights, have a lawyer read the clause. I am Zoltan Peresztegi and I work in Los Angeles and the South Bay, so I cannot list your Austin home, but I would be glad to connect you with a strong Austin agent from my network who will put both items in writing without blinking. Zoltan


