Copyright and Usage Terms

Capone Photography, LLC

Effective September 15, 2026

These Copyright and Usage Terms apply to photography, video, and related deliverables created by Brad Capone through Capone Photography, LLC. By booking services, accepting delivery, downloading files, or using the delivered work, the client agrees to these terms.

Copyright Ownership

Copyright and all ownership rights in photographs, video, and related creative work produced by Capone Photography, LLC remain with Capone Photography, LLC.

Delivery of the files and payment for services do not transfer copyright ownership to the client.

Client License

Upon full payment, Capone Photography, LLC grants the client a nonexclusive, nontransferable license to use the delivered files to advertise, market, rent, or sell the specific property photographed.

This license remains valid for as long as the client owns, manages, lists, or is otherwise authorized to market that property.

The license applies to approved final deliverables, including photography, The Capone Film, and The Vertical Trailer.

Permitted Marketing Use

The client may use the delivered files for marketing the photographed property through:

  • Multiple listing services
  • Vacation-rental and booking platforms
  • Property and business websites
  • Social media
  • Digital and printed advertising
  • Email marketing
  • Sales and rental presentations

The client may provide the files to employees, brokerage team members, co-listing agents, property owners, web developers, printers, and other service providers solely to market the property on the client’s behalf.

Providing files for this limited purpose does not give those parties independent usage rights.

Third-Party Use

The client may not sell, transfer, sublicense, or otherwise provide the work to another person or business for that party’s independent marketing or promotional use.

Builders, architects, designers, contractors, vendors, publications, subsequent listing agents, and other third parties must obtain separate written permission from Capone Photography, LLC before using the work to promote themselves or their businesses.

The files may not be used to market another property.

Alterations

The client may crop, resize, apply platform-required compression, and add ordinary text, branding, or listing information.

The client may not apply filters, materially alter the appearance of the work, remove or replace major visual elements, use the files to create derivative works, or modify them using generative artificial intelligence without written permission from Capone Photography, LLC.

RAW Files

RAW, unedited, and unfinished files are not included in the client license and will not be released under any circumstances.

Video and Music

Video usage remains subject to any applicable music, platform, and third-party licensing restrictions. The client is responsible for complying with the terms of any platform on which the video is published.

Portfolio and Promotional Use

Brad Capone and Capone Photography, LLC may use finished work in portfolios, websites, social media, advertising, publications, competitions, and other promotional materials.

Any confidentiality restriction or delayed-publication request must be agreed to in writing before the shoot.

Client Responsibility

The client confirms that they have the authority to arrange access to the property and authorize photography or filming at the location.

The client is responsible for obtaining any permissions needed for people, artwork, trademarks, or other protected material appearing at the property.

The client is also responsible for ensuring that their publication and use of the delivered files complies with applicable laws, platform requirements, and these terms.

On-Site Care and Liability

Capone Photography, LLC will exercise reasonable care while working at the property. However, Capone Photography, LLC is not responsible for preexisting conditions, concealed defects, unsecured or fragile items, or damage caused by occupants, pets, contractors, or circumstances outside its reasonable control.

To the fullest extent permitted by law, Capone Photography, LLC’s total liability arising from the services will not exceed the amount paid for the applicable shoot. Capone Photography, LLC will not be liable for indirect, incidental, special, or consequential damages arising from the clients publication, distribution, or use of the delivered work.

Unauthorized Use

Any use outside the license granted by these terms requires advance written permission from Capone Photography, LLC.

Unauthorized use may result in the termination of the client’s license and the pursuit of applicable fees, damages, or other legal remedies.

Questions and Additional Licensing

For permission, expanded licensing, or questions about copyright and usage, contact:

Brad Capone

Capone Photography, LLC

Smoky Mountain Vacation Rental Photographer | Brad Capone

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