Real estate vs Remodeling photography?

Discussion in 'General Shop Talk' started by KMH_86, Aug 17, 2017.

  1. KMH_86

    KMH_86 TPF Noob!

    Joined:
    Jun 29, 2015
    Messages:
    8
    Likes Received:
    0
    Can others edit my Photos:
    Photos NOT OK to edit
    Posing a question and maybe someone can enlighten me. If you're an employee of a real estate photography company and signed a non compete, could you legally get a contract on your own with a remodeling company taking photos of remodeled kitchens or bathrooms? I feel it's similar, but taking photos of just a bathroom is showing off the work, not showing it as a feature to sell a home. Thoughts?


     
  2. Light Guru

    Light Guru Been spending a lot of time on here!

    Joined:
    Apr 27, 2011
    Messages:
    3,287
    Likes Received:
    652
    Location:
    Salt Lake City, UT
    Can others edit my Photos:
    Photos NOT OK to edit
    This is a question you should ask a lawyer.


    Sent from my iPhone using Tapatalk
     
    • Agree Agree x 3
  3. tirediron

    tirediron Watch the Birdy! Staff Member Supporting Member

    Joined:
    Jul 8, 2005
    Messages:
    40,663
    Likes Received:
    12,308
    Location:
    Victoria, BC
    Can others edit my Photos:
    Photos OK to edit
    Aye-yup!
     
  4. KMH_86

    KMH_86 TPF Noob!

    Joined:
    Jun 29, 2015
    Messages:
    8
    Likes Received:
    0
    Can others edit my Photos:
    Photos NOT OK to edit
    A real estate attorney may know but is that really the best route?
     
  5. tirediron

    tirediron Watch the Birdy! Staff Member Supporting Member

    Joined:
    Jul 8, 2005
    Messages:
    40,663
    Likes Received:
    12,308
    Location:
    Victoria, BC
    Can others edit my Photos:
    Photos OK to edit
    No, a lawyer specializing in contract law is. It's not really a matter of "best" but rather "only". Unless you simply approach the company with whom you have the agreement and see if they will add a codicil allowing you to shoot renovations on your own.
     
    • Agree Agree x 1
  6. rosh4u

    rosh4u TPF Noob!

    Joined:
    Jun 5, 2017
    Messages:
    127
    Likes Received:
    21
    Location:
    Surat
    Can others edit my Photos:
    Photos OK to edit
    Perfect and precious information for the same can be known through Lawyer only.
     
  7. astroNikon

    astroNikon 'ya all Bananas I tell 'ya Supporting Member

    Joined:
    Aug 15, 2013
    Messages:
    13,209
    Likes Received:
    3,211
    Location:
    SE Michigan
    Can others edit my Photos:
    Photos OK to edit
    Depends upon the written word on the Contract, and how they interpreted their contract that you signed.
    you could:
    1 - ask your employer the Real Estate Photo Company themselves if it's a conflict, or
    2 - ask a Contract lawyer ...

    that is because
    (a) we're not lawyers and you are dealing with a signed contract
    (b) we have no idea what your contract states (ie, was it written on the back of a napkin, or written by lawyers and 10 pages long stipulating everything about how your should eat and breathe, or somewhere in between?),
    (c) we're not lawyers to properly interpret your contract based upon your Employer and other endeavors

    I really think you should just casually ask your employer about it, then go from there. or, maybe not.
     
    • Agree Agree x 2
  8. JoeW

    JoeW Been spending a lot of time on here!

    Joined:
    Dec 17, 2013
    Messages:
    1,391
    Likes Received:
    591
    Location:
    Northern Virginia
    Can others edit my Photos:
    Photos OK to edit
    First, all of the advice about "talk to a lawyer" is spot on.

    Second, it's about how your current employer sees it. My wife is an employee of a kitchen and bathroom design company. They do NOT provide plans on commission, you need to buy cabinets or other kitchen stuff from them for their firm to provide plans. They walk away from clients who say "I'm going to get my own cabinets but I'd like to pay you to create plans for me." But if one of their interior designers provided plans for someone for a fee, they'd regard that as a firing offense and terminate that employee (I know b/c they've done that).

    Think of it like this: it's like you having a second business on the side and doing some of the work on that second business during lunch or on breaks at your "day job." Some employers would be like "knock yourself out--just make sure you do your job for us." Others would resent it, feel like you're probably using their phone lines or equipment on the side without telling them, owe them a finders' fee, and just generally feel insecure about this deal and want to find a way to fire you. So the lawyer for "what is legal" is important. But like it or not, it's close enough to your day job that you really need to check with your employer about this. And if you don't think you can have that conversation, then there's your answer.
     
  9. Braineack

    Braineack Been spending a lot of time on here!

    Joined:
    Jun 17, 2013
    Messages:
    11,227
    Likes Received:
    4,337
    Location:
    NoVA
    Can others edit my Photos:
    Photos OK to edit
    what exactly does your anti-freedom contract actually say?
     
    • Agree Agree x 1
  10. Jamesaz

    Jamesaz TPF Noob!

    Joined:
    Feb 18, 2013
    Messages:
    111
    Likes Received:
    22
    Location:
    Phoenix,AZ.
    Can others edit my Photos:
    Photos NOT OK to edit
    Be honest. Talk with your employer and see if they'd be interested in discussing with the remodeler sharing your services. Since both are in the house business there may be areas where their interests overlap. If so, perhaps you get a commission. If honesty doesn't work, as is often the case, then it's on the boss.
     
  11. benhasajeep

    benhasajeep No longer a newbie, moving up!

    Top Poster Of Month

    Joined:
    May 4, 2006
    Messages:
    4,017
    Likes Received:
    494
    It depends on what your contract actually states! If written way to their advantage, you probably can't even take portraits with a house in the background! But if it's worded fairly and specifically to pictures for the purpose of real estate sales. And your pictures that you want to take are for "professional services" items. Then they probably would not be in the right to sue you for doing the pictures. Buy if they get mad, you may loose their business. It's best to talk to them first and get their opinions first. If they say no. And you still want to do the other work. Then go to a lawyer and ask them to review the contract you signed. And then weigh which will profit you the most!
     
  12. vintagesnaps

    vintagesnaps Been spending a lot of time on here!

    Joined:
    Jan 13, 2013
    Messages:
    6,279
    Likes Received:
    1,826
    Location:
    US
    Can others edit my Photos:
    Photos NOT OK to edit


    I wouldn't think your employer would be too happy about it; as others said, it depends on your contract and ask a lawyer, etc. If you wanted to do some other type of unrelated photography that might not be a problem but this sounds like competition for your employer from you as an employee. You could find resources thru American Society of Media Photographers - Homepage or PPA.
     

Share This Page