Who Owns The Photos

In a recent case a Realtor® got reprimanded by the Realtor® Association because they used the photos from the previous agent’s listing. The property owner assumed that they owned the photos because they had been taken at their request. The previous agent had taken the photos and had never given permission for the owner to continue use of those photos. In other recent cases, Realtors® have been sued for using photos that they paid for. They hired a professional photographer who allowed use of the photos for the listing data only. When the photographer saw the photos in a third party syndicated website they sued the seller and the Realtor® for using copyrighted photographs without permission.

Rights to own and use photographs are complex and originate in copyright law. For generations the real estate industry has thrived without ever a worry about copyright laws, but then became dependent on the internet to market properties. Brokers across the state use a Multiple Listing Service that allows IDX (internet data exchange) of their listings to other member’s websites. The rub comes when a secondary marketer such as Trulia or Zillow (which are usually given permission to use the photos for any purpose) allows a third party to use the photos in ways unrelated to the brokers sale of the property.

Your broker should never hire a professional photographer for listing photos without having a written agreement with the photographer that gives the right to allow your broker to use the photos as they wish. That written agreement should allow use by secondary marketers for any purpose in perpetuity. Some photographers will not sell their photos but may allow license to use the photos that is sufficient for the sellers intended use.

A good solution may be for you to choose a broker who takes original photographs! If you do that though, be sure the quality is good and that they understand presentation, lighting and composition. These photographs will potentially be seen all over the world and will probably be the deciding factor for most buyers who will eventually view the property in person. Ask your Realtor® how they handle the photography of a property and then check out their virtual tours and photos on their listed properties.

Jim Palmer, Jr.
509-953-1666
www.JimPalmerJr.com

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