Copyright Statement

All of my images are copyrighted (intellectual property of Capture Stl, LLC), and I license my images to you for use, based on the package you purchase. I am committed to protecting the interests, intellectual property rights, and livelihood of my company.

Learn more about the usage rights for each package you purchase.

MLS Packages
  • The client who purchases an MLS package is granted Temporary Usage Rights to use those images until the property has been sold or goes off the market.

  • Once the property has been sold or goes off the market, you must purchase Permanent Usage Rights to continue using those images for your marketing purposes (ads, website, postcards, etc.).

    • For realtors, we have an exclusive discount to gain Permanent Usage Rights to a few images from your MLS listing:

      • 1-2 images = $25

      • 3-5 images = $50

Portfolilo Packages
  • The client who purchases a Portfolio package is granted Permanent Usage Rights for the ability to use those images forever, for all of their marketing purposes.

***IMPORTANT: Any and all images you purchase from Capture Stl, LLC (Temporary or Permanent) are non-transferable and cannot be given away, bartered, sold, or split payment

  • The client who directly pays Capture Stl, LLC for the images is the only one who has the rights to use the images for their marketing purposes.

    • Example 1: A realtor pays Capture Stl, LLC for MLS images, but cannot give those images to the builder, designer, remodeler, stager, etc. of that property photographed. This is a copyright infringement.

    • Example 2: A realtor who pays Capture Stl, LLC for MLS images cannot split payment with the builder/designer/etc. to also use those images. The client whose payment information we have recorded in our database is the only one who has usage rights to the images. The builder/designer/etc. must call Capture Stl, LLC directly to pay for their usage rights license to enable use of the images for their own marketing purposes.

    • Example 3: A builder who pays Capture Stl, LLC for the images cannot transfer the images to the designer, lighting company, remodeler, realtor, etc.

Capture Stl, LLC owns the copyright to all images.

All clients of Capture Stl, LLC just pay for usage rights to the images. This means that all clients do not have the authority to sell or give away any images to another user who did not pay Capture Stl, LLC directly for a usage rights license. This would be a copyright infringement.

Want to split payment for the photos?

The client who pays for the images (the name I have payment info from) is the only one who has the licensing rights to use the images. If a business partner or affiliate says they will split the payment with you so they can also use the images, it is still considered a copyright violation. They must call Capture Stl, LLC directly to pay separately for usage rights to the images to use for their marketing purposes.

What if you use copyrighted images without permission?

Capture Stl, LLC reviews and monitors their images on the internet, and if they were not paid for, we will ask the image user to do 1 of 3 things (depending on the usage purposes of the images):

  • Ask the user to remove the images from the site / source immediately without penalty.

  • Ask the user to correctly reference/credit Capture Stl, LLC as the photographer for each image.

  • Ask the user to pay for permanent usage rights to continue using the images, that way they can use them forever for their marketing purposes.

 

Because copyright infringement is a serious thing, we also treat it as such. If you refuse to take down the images or pay for them (giving you the choice), then you will be issued a Cease and Desist.

If you are illegally using our images on NTREIS / MLS and refuse to take them down, we will contact MLS directly and they will immediately remove them from the system, which they may choose to penalize you for the unethical code violation.

Copyright Law states

Based on 17 U.S. Code § 106 – Exclusive Rights in Copyrighted Works Sections 107 through 122 says that you do not have the authorization to:

  1. reproduce the copyrighted work in copies;

  2. prepare derivative works based upon the copyrighted work (i.e. creating your own virtual tours, editing the images and calling it your own, etc);

  3. distribute copies of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending.

What is inclement weather?
 

Inclement weather consist of any* precipitation present in the air (*cloudy skies are not considered inclement weather):

  • rain, a light sprinkle, or mist;

  • snow or sleet.

If there is any precipitation in the air, we cannot shoot exteriors. Here's why:
  1. For me, the most important reason is that my professional photography equipment is very expensive. Just as you wouldn't put your expensive flatscreen TV outside on the curb during any kind of precipitation, I wouldn't do that to my equipment either.

  2. For you, the most important reason is that the exterior shots will not turn out well. Because I often take multiple exposures of each shot, every droplet will become blended together and it will reduce the clarity of the images, giving it a distorted or blurry look.

What is the cost?

The Inclement Weather Return fee is an additional $29 for me to come back out and reshoot the exteriors. The fee covers the gas and time for me to come out at another time/day to shoot the exteriors. I charge this minimal amount out of courtesy of the client, even though I am losing an entire appointment slot to shoot a few exterior images.

When does this fee occur?
  • Full Shoots:

    • If the client cancels less than 4 hours before an appointment during inclement weather (including when it starts raining or misting suddenly during the appointment) – and assuming it is not dangerous driving conditions (tornados, ice, etc.):

      • The client will be charged a Late Cancellation fee to cancel the whole shoot;

      • The client will be given the option to shoot the interior only for the full price of the shoot, and not pay for me to return for exteriors; or

      • The client keeps the current appointment for me to shoot interiors, and the client calls to schedule the Inclement Weather Return on another day for me to shoot the exterior ($29).

    • If the client decides to cancel the whole shoot because it starts raining or misting suddenly while onsite, they will pay the Late Cancellation Fee.

    • If it is determined by myself that the conditions are dangerous and pose a risk for my safety, I may call clients to cancel the shoots in the interest of everyone's safety. Obviously, there is no charge to anyone under these conditions.

 

  • Twilight Exterior / Exterior Only Shoots:

    • **The Inclement Weather Return charge ($29) does not apply to Exterior Only or Twilight Exterior Only appointments, unless there is a VALID emergency reason for canceling.

Late Cancellation Fee
 

Cancellation of an appointment without at least 12 hours notification will result in a $79 fee.

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