Real Estate Work Made For Hire Agreement

This Agreement (“Agreement”) is made and entered into as of the date below by and between the (“Brokerage”) below and Mark Jacobs Productions (“Photographer”). The brokerage has commissioned Photographer to photograph, visually record or otherwise create graphics or other images (collectively, “Images”) of the properties identified below. The parties hereby agree, for good and valuable consideration received, the receipt and sufficiency of which is hereby acknowledged, as follows:

  1. Brokerage agrees to pay Photographer in consideration of all services rendered by the Photographer and the creation of the Images as set forth below the total amount of below.
  1. Photographer acknowledges and agrees that all Images are proprietary works of Brokerage.  To the extent permitted under applicable law, all Images shall be considered a Work Made for Hire (as such term is defined under the Copyright Act, 17 U.S.C. §101 and following, as amended) by Photographer for Brokerage, and as such, shall be exclusively developed for the benefit of and owned by Brokerage. The brokerage shall exclusively own all worldwide right, title, and interest in and to the Images, including without limitation copyrights.
  1. To the extent that it should be determined that any of the Images do not qualify as a Work Made for Hire under U.S. law, Photographer hereby irrevocably assigns and transfers to Brokerage all of Photographer’s worldwide right, title and interest, including without limitation all copyrights, whether now existing or hereafter acquired, in and to all Images. Photographer agrees to cooperate and take all action reasonably requested by Brokerage, including executing and delivering to Brokerage all documents, or providing information pertaining to the Images, in connection with the assignment of Photographer’s rights to Brokerage under this Agreement. Specifically, but without limitation, Photographer agrees to assist in filing copyright applications in the United States or elsewhere if necessary. 
  1. Photographer hereby represents and warrants that no third party has any rights in, to, or arising out of the Images, and Photographer has the full right and power to enter into this Agreement. 
  1. Photographer acknowledges and understands that it is in no way permitted to use the Images in any manner whatsoever, and no other royalty or other consideration will be due to Photographer. Photographer agrees and warrants that Brokerage is under no obligation to credit Photographer or any other third party as the author of the Images.
  1. Photographer understands and agrees that it is an independent contractor of Brokerage and nothing in this Agreement shall be construed to create a partnership, or joint venture, between Photographer and Brokerage.
  1. The validity, construction, and enforceability of this Agreement shall be governed in all respects by the laws of the State in which the property is located. The terms and conditions set forth herein constitute the entire agreement between the parties and shall supersede all prior agreements. This Agreement may not be amended except in writing signed by the respective parties. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.

 

IN WITNESS WHERE, the Parties have executed this Agreement as of the date first above written:

Brokage/Firm Name
Party Hireing Photographer
Photographer/Firm Being Hired For  Work Made For Hire Agreement

Photographer: Mark Jacobs 

Company: Mark Jacobs Productions

Web: www.MarkJacobsProductions.com

Email: mjacobsproductions@icloud.com 

Property Address of Photos & Videos 
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