Summit Media — Copyright & Licensing Agreement

Ownership and Automatic Protection

Under U.S. copyright law, Summit Media (as the Creator of all photographs and videos we produce and deliver) automatically owns the full copyright in those works from the moment of creation. Hiring us for a shoot does not transfer ownership of the photos or videos to the Client. The Client only receives a non-exclusive license under specified conditions.

In Utah, and all other states), copyright is governed by federal law. Creators have exclusive rtights to their works, and unathorized use of copyrighted material can lead to serious legal consequences (including statutory damages up to $150,000 for willful infringement). These terms are designed to protect both our rights under law and clarify your rights to use the deliverables.

1  |  Copyright Ownership

Automatic protection. All photographs and videos created by Summit Media become copyrighted the instant they are fixed in a tangible medium (camera sensor or video file) – see 17 U.S.C. § 102(a).

Exclusive rights. Summit Media, as author, owns the exclusive rights to reproduce, distribute, display, create derivative works and license the content (17 U.S.C. § 106).

Work for hire. Because we contract as an independent service provider, none of our deliverables are “works made for hire” unless a separate, signed agreement states otherwise (17 U.S.C. § 101; § 201(b)).

Moral rights in still imagery. For photographs qualifying as “visual art,” Summit Media retains attribution and integrity rights under the Visual Artists Rights Act (17 U.S.C. § 106A).

Legal Sections

17 U.S. Code § 102 - Subject matter of copyright: In general

(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine ordevice. Works of authorship include the following categories:
(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.

(b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

17 U.S. Code § 106 - Exclusive rights in copyrighted works

Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

2. License Grant (Non Exclusive) and Permitted Uses

Upon full payment for our services, Summit Media grants you (the Client) a limited, non-exclusive, non-transferable license to use the delivered photographs and videos (“The Works”) for approved purposes. This license allows you to use the Works to market the specific property or project for which they were commissioned, or for your own promotional needs as an agent or business, as described below). You are licensing the right to use the photos/ videos – not purchasing the copyright itself.

Permitted Uses

• MLS, broker website, third party listing portals.
• Client owned social media channels & YouTube.
• Print flyers, brochures, e‑mail campaigns tied to the same listing/project.

Permitted uses of the delivered media include (for the specific property/ project they depict or for which they were produced):

• Real Estate Listings: Use of photos and videos in MLS listings and on real estate platforms like Zillow, Redfin, Realtor.com, etc., to advertise the property or project.
• Web and Social Media: Use on your own website, social media accounts, and YouTube or Vimeo for the purpose of marketing the property or your services (e.g. posting a listing video or an Instagram Reel of the property. This includes our special vertical Reels videos intended for platforms such as Instagram/ Facebook Reels or TikTok, and horizontal videos for sites like YouTube or your website.
• Print Marketing: Use in brochures, flyers, or other print materials to promote the listing or your real estate/ business services for that property.
• Personal Portfolio/ Promotion: You may include the photos/ videos in your personal portfolio or past project showcase (such as “Just Sold” posts), but only if its directly related to the sale or project for which the images were created and during the term of the listing or project campaign.

Additional platforms are permitted if they do not impose broader rights than this license.

All other uses require written permission under 17 U.S.C. § 201(d). Transfer or sublicensing to third parties (builders, stagers, architects, additional agents, media outlets) is prohibited without a separate license.

Restrictions and Prohibited Uses

Key Restrictions

1. No resale or gifting of files to anyone not named in the invoice.
2. No new derivative works (virtual staging, heavy retouching, day to dusk conversions, logo overlays, etc.) without our written approval.
3. No platform over granting. Do not click “I agree” to terms that purport to claim or broaden rights to our media. You cannot grant what you do not own.
4. No removal of metadata or copyright notices.
5. Automatic revocation if the media is combined with amateur phone photos or other creators’ imagery in an MLS listing (designed to protect brand integrity and prevent visual dilution).

Unauthorized use revokes the license and constitutes infringement; statutory damages of up to $150,000 per work may be awarded for willful misuse (17 U.S.C. § 504(c)(2)).

To protect our rights and ensure fair use, certain uses of the photos/videos are NOT permitted without prior written consent from Summit Media. By default, your license does not include:

• No Transfer or Sub-licensing: You cannot give, sell, or transfer the photo/ videos to any third party (including but not limited to the homeowner, builder, stager, interior designer, architect, another agent, or marketing company). This license is personal to you or your company. Third parties who wish to use the photos or videos MUST contact Summit Media for their own license.
• Single Project Use Only: The media may only be used to market the specific property or project they were created for (as identified in your order/ invoice). Using the photos or videos in any other context (e.g. as general marketing for your business, for a different property, or in an unrelated project) is not allowed unless we negotiate a separate license. For example, you may not use listing photos as a generic banner on your website or in a portfolio of sold homes unrelated to that listing without permission.
• No Unauthorized Commercial Uses: Any use of the photos or videos for third-party commercial purposes or products is prohibited without a special license. This includes using the photos and videos to advertise a builder’s or stager’s services, in rental listings (Airbnb/ VRBO), or for any paid income-generating use beyond the original sale/ rental listing. Such uses require a separate commercial license agreement with Summit Media.
• No Alterations or Derivative Works: You may crop or resize images to fit formatting needs, or trim video clips for length, but you may NOT otherwise edit, filter, retouch, or modify the photos or videos without our consent. This includes no adding of logos or graphics over the images, no heavy photo retouching, and no “virtual staging” or other digital alterations unless approved by us.
• No Copyright Removal or Misrepresentation: Do not remove any copyright notices (if present) from the images or videos. You also may not mislead others about the Creator of the work.

(Exception: if you are a real estate agent, you may provide the images to your brokerage or MLS for the purposes of the listing; however, they are also bound by these terms and may not reuse the images for other properties or purposes.)

Non‑Exclusive License (What This Means)

All licenses granted by Summit Media are non-exclusive unless otherwise agreed in writing. A non-exclusive license means that we retain the right to use the work and even license it to other parties if we choose. In other words, you are not the only one who may use the photos/ videos (though in practice, for real estate, others would need to obtain their own license from us to do so).

By contrast, an exclusive license would mean that we grant usage rights solely to you, and we would agree not to license the same work to anyone else. Summit Media’s standard pricing does not include exclusive rights, and we do not give up our ownership or the ability to re-license our work by default.

If you believe you need an exclusive license or full ownership of the photos/ videos, this must be negotiated as a separate “rights buyout” agreement with additional fees.

Music Licensing and Audio Use in Videos

For video deliverables, Summit Media will add audio or background music, as well as certain licensed sound effects (SFX) and other licensed overlays, transitions, and other effects to enhance the video’s production value. We take copyright just as seriously for audio as for images. By default, any music we include in your video will be properly licensed by Summit Media for the intended uses of that video.

If your usage of the video will go beyond typical online/ Social media distribution (for instance, national TV broadcast, large ad campaigns, or if your social media accounts exceed the size limits of our standard licenses), please inform us in advance.

• Summit Media secures music under its own commercial subscriptions (e.g., Musicbed “Web/Social ≤ 1 M followers” plan) or comparable unlimited coverage libraries for larger brands.
• DMCA framework (17 U.S.C. § 512) governs notice and takedown; Summit Media will process or issue notices as needed to protect the work.
• Summit Media does not honor requests for unlicensed commercial music.

Work-for-Hire and Ownership Transfer

Summit Media provides services as an independent contractor. Nothing in our standard agreement makes our work a ‘work made for hire’. We do not consent to any contract language that would assign our copyrights to the client by default.

If you or your company requires full ownership of the photography/ videos, this must be arranged explicitly as a rights buyout.

• Utah Right of Publicity Act (Utah Code § 45 3 1 et seq.). Unauthorized commercial use of an individual’s name, likeness, or persona is actionable; Client must secure model/property releases where required.
• Employment IP Ownership (Utah Code § 34 39 2). Confirms that absent a written assignment, independent contractors retain their intellectual property.

Liability and Indemnification

Summit Media’s Commitment: We will defend our copyright against third‑party infringers.

Client’s Commitment: By using our services and the delivered media, you agree to abide by the license terms above. If you breach the license, you agree to indemnify and hold Summit Media harmless from any resulting claims or damages.

Limits of Liability: Summit Media’s liability to you is limited to the amount you paid for the services.

• Unauthorized use revokes this license and constitutes infringement; statutory damages up to $150,000 per work may be sought (17 U.S.C. § 504).
• Client indemnifies Summit Media for any claim arising from Client supplied content or uses beyond this license.
• Summit Media indemnifies Client against third party infringements outside Client’s control.