Creating a Chain of Title
For the contracts that Boards and Associations use to be effective, there must be a chain of title. For example, a license to use pictures in a listing granted by a listing broker to a Board/Association would be meaningless if the listing broker did not get the right to the pictures from the photographer.
Ownership of copyright in these circumstances is based on the domino principle. Each stage is dependent on the one before. If there is no proper assignment at any given stage, everything else that follows is fundamentally flawed. Therefore, it is absolutely crucial that a solid “chain of title” be constructed, where all of the rights of one party are assigned or licensed to the next in line.
In order to create an effective chain of title the licenses are needed:
- Seller to Listing Broker - Copyright license in Listing Contract.
- Photographer to Listing Broker - Copyright and Moral Right Assignment Agreement.
Add template of photo copyright agreement