IMAGE LICENSING/LICENSE AGREEMENT

IMAGE LICENSING

All Blue Ocean images are available for annual leasing. Please call our office with your requirements and we will send you a proof sheet of images that fit your parameters.

Each image can be licensed for an annual fee of $2,000, and can be used per our
licensing terms and conditions.

LIMITED COPYRIGHT LICENSE AGREEMENT

1. Copyright Ownership
The photographs and other media covered by this Agreement are created by BLUE OCEAN PHOTOGRAPHY, INC. (“Creator”). The Creator initially owns the copyright under applicable law. The copyrights in the media covered by this Agreement have been assigned and transferred to BLUE OCEAN IP HOLDINGS, LLC (“Licensor”), which is the current copyright owner.

Accordingly, all copyrights and associated intellectual-property rights in the photographs and other copyrighted media covered by this Agreement are the sole and exclusive property of BLUE OCEAN IP HOLDINGS, LLC.

Payment for photography or media services does not constitute a sale, assignment, or transfer of copyright to the client, homeowner, real estate agent, brokerage, or any other party, nor does it create a work-for-hire arrangement unless expressly agreed to in a separate written agreement signed by the copyright owner.

Licensor retains all copyright, reproduction, display, distribution, licensing, relicensing, promotional, portfolio, competition, advertising, publication, and other rights not expressly granted to Licensee under this Agreement.

2. Limited, Non-Exclusive and Non-Transferable License
Licensee is granted a limited, non-exclusive, non-transferable license to use the media solely for marketing the specific property for which the media was originally created and only in connection with Licensee’s representation of that property.

This license does not grant Licensee ownership of the media or any exclusive rights. Licensor retains the unrestricted right to license, relicense, display, publish, market, archive, or otherwise authorize use of the media by other parties, subject to applicable privacy and legal restrictions.

Licensee may not sell, assign, sublicense, transfer, share, give, or otherwise provide the media or usage rights to another person or entity without prior written authorization from Licensor.

3. Permitted Real Estate Marketing Use
During Licensee’s active representation of the property, the media may be used for customary real estate marketing, including applicable MLS systems, brokerage websites, real estate portals, digital advertising, social media, printed marketing materials, email marketing, and other advertising directly related to the current sale or rental of the property.

Reasonable “Just Sold,” “Sold,” portfolio, or comparable agent self-promotional use relating to the completed transaction may continue after closing, provided the media is not used to market the property for a new sale, rental, listing, commercial venture, or third-party purpose.

All use must comply with applicable MLS rules, brokerage policies, advertising regulations, and other legal requirements. Licensee is responsible for ensuring that it has a valid license for all media uploaded to an MLS or other publication platform.

4. Expiration of Property-Marketing Rights
Except for the limited post-transaction promotional use described above, Licensee’s right to use the media to market the property ends when Licensee’s listing or representation of the property closes, expires, is withdrawn, is canceled, is terminated, or otherwise ends.

The media may not thereafter be reused to market the property under a new listing, new brokerage, new agent, new owner, future rental offering, or subsequent transaction without a new written license from Licensor.

If a property is relisted, transferred to another brokerage or agent, or returned to the market following expiration or cancellation of the original listing, the previous media may not automatically be reused. A new license or re-licensing agreement must first be obtained from Licensor.

5. Third-Party Use Prohibited
The license is granted only to Licensee. No third party acquires any rights merely because the media depicts a property in which that party has an ownership, contractual, design, construction, management, or other interest.

Without prior written authorization from BLUE OCEAN IP HOLDINGS, LLC, the media may not be used by or transferred to any third party, including but not limited to architects, builders, developers, interior designers, decorators, stagers, homeowners, sellers, buyers, subsequent real estate agents or brokerages, property managers, vacation-rental companies, hotels, publications, advertising agencies, vendors, contractors, manufacturers, or other commercial entities.

A homeowner’s payment for, ownership of, or interest in the photographed property does not convey ownership of the photographs or the right to distribute, transfer, license, or reuse them.

Any third party wishing to use the media must obtain a separate license directly from BLUE OCEAN IP HOLDINGS, LLC.

6. MLS and Distribution Platforms
Licensee may upload properly licensed media to an MLS and other customary real estate marketing platforms as reasonably necessary to market the property during the authorized license period.

Any license, sublicense, or distribution rights required by an MLS or marketing platform shall extend only to the degree reasonably necessary for that platform to display and distribute the media in connection with the authorized property listing and shall not expand Licensee’s own rights under this Agreement.

Unauthorized reuse, redistribution, republication, or continued use of the media following termination of Licensee’s authorized listing rights is not permitted merely because copies remain available through an MLS, portal, archive, website, or other third-party database.

7. Alteration of Images
Licensee may not materially alter, manipulate, modify, composite, remove copyright information from, or create derivative works from the media without prior written permission from Licensor, except for ordinary resizing, cropping, or formatting reasonably required by an MLS or advertising platform that does not materially change the visual content of the work.

8. Editorial Use, Attribution and Copyright Notice
Images submitted or authorized for editorial, publication, media, or other credited use shall identify BLUE OCEAN PHOTOGRAPHY, INC. as the creator or photographic source and BLUE OCEAN IP HOLDINGS, LLC as the copyright owner, unless Licensor provides alternative written instructions.

The preferred credit is:

Where formatting permits separate attribution and copyright notices, the following may be used:

Editorial submission or publication does not transfer copyright ownership or grant the publisher any continuing commercial, advertising, sublicensing, archival licensing, syndication, resale, or other usage rights beyond the specific use authorized by Licensor.

9. Licensor’s Continuing Rights
Licensor retains for the duration of the copyright all lawful reproduction, display, portfolio, archival, promotional, competition, marketing, advertising, trade-publication, educational, and licensing rights in the media.

Licensor may exercise these rights directly or may authorize BLUE OCEAN PHOTOGRAPHY, INC., as the creator and operating photography company, to display or use the media for portfolios, promotional materials, photographic competitions, websites, social media, advertising, trade publications, presentations, and other lawful business purposes.

10. Unauthorized Use and Re-Licensing
Any use outside the scope of this Agreement requires prior written authorization from BLUE OCEAN IP HOLDINGS, LLC and may require payment of an additional licensing or re-licensing fee.

Downloading, receiving, or possessing a media file does not create ownership or additional usage rights. Likewise, receiving images from a homeowner, previous agent, brokerage, MLS, website, designer, builder, publication, or other third party does not establish permission to use those images.

When a listing changes agents or brokerages, is relisted, or the media is proposed for a new commercial purpose, the party seeking to use the media must obtain appropriate authorization directly from BLUE OCEAN IP HOLDINGS, LLC.

Any unauthorized reproduction, publication, distribution, transfer, commercial use, sublicensing, or display may constitute copyright infringement and may subject the unauthorized user to remedies available under applicable law.

BLUE OCEAN IP HOLDINGS, LLC expressly reserves all rights not specifically granted under this Agreement.