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B52GUNR
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reply to Edit This
Re: The ethics of "Photoshopping" Real Estate Listings.

I have had listing agencies hire me and then want me to do editing, and I flat out told them no. Not only is it unethical, it's illegal. It's falsely representing the property. The only editing I do to architecture is:

1) Adjust white balance so it's accurate
2) Adjust for perspective
3) Sharpen
4) Nudge the curves if needed to bring the tonality to normal.
5) Clone out or patch heal my flash if it's reflected in a window

Nothing beyond that. I've actually had them ask me to clone out damage to surfaces, "transplant" trees, add foliage, etc. I refuse to do it.
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EGeezer
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1 edit
said by B52GUNR See Profile :

... I've actually had them ask me to clone out damage to surfaces, "transplant" trees, add foliage, etc. I refuse to do it.
Well done - significant damage, presence of towers, wires, dumps, landscaping and trees would be likely be considered of significant value.

If the property is acquired on the basis of seller/agent supplied altered photographs that add trees, landscaping etc or remove the cell phone tower behind the house, a buyer could have a good case for misrepresentation of material fact in a suit, since these things would affect the value of the house. An aggressive lawyer would likely sue everybody in the chain, including the realtor, his/her company and you. You wouldn't likely be held liable, but would still burn time and money defending yourself, or have to burn a claim with your professional liability insurer, if you have one.

I suppose you could add a clause in your contract where your customer acknowledges the photograph(s) is altered, assumes all liability in the use of the photograph,specifically releases you from any claims of damage in its(their) use and agrees to pay you all costs you may incur in any litigation.
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B52GUNR
KM 7D love and D3 Nirvana
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join:2001-03-06
Vallejo, CA
clubs:
·Comcast
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said by EGeezer See Profile :

I suppose you could add a clause in your contract where your customer acknowledges the photograph(s) is altered, assumes all liability in the use of the photograph,specifically releases you from any claims of damage in its(their) use and agrees to pay you all costs you may incur in any litigation.
I have just such a clause, it states: "Studio is not to be held liable for any damages caused by alterations to the photographs by persons outside of the studio's control. Additionally, alterations shall not be performed that cause the studio's business reputation to be harmed."
--
Some assembly required, your mileage may vary, no pixels were harmed in the writing of this post. Brain cells, though, are a different matter. You want fries with that?
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