Real Estate Photography image rights

Started Mar 24, 2022 | Discussions thread
Ryan Steel Regular Member • Posts: 156
Re: Real Estate Photography image rights

Michael Fryd wrote:

Of course an interesting question is whether the Realtor is allowed to put the images on the Multilist. Multilist images tend to propagate to Zillow and other assorted services. Those images may stay around for decades, and can easily reappear the next time the property goes on sale.

If you are going to allow the images to appear on the multilist service, then you cannot reasonable expect use of the images to stop once the property sells.

Every RE photography contract that I'm aware of allows posting to MLS and allows for any resulting IDX distribution. After all, that is the primary purpose of the photos—to be put on MLS. That is the most important purpose. Everything else—web sites, brochures, etc.—are secondary and of lesser importance.

Once a property sells, it is removed from the IDX feed and data is no longer provided by local MLS. Any photos visible on Zillow, Redfin, and other sites are there not because of the agent or MLS, but because those services purposely chose to cache and/or store the photos for that address without explicit permission.

I sent a DMCA Takedown notice to Zillow over photos that were stolen by my former client and used to sell his house "by owner" directly on Zillow after he canceled his listing with me. Zillow acted immediately and the photos were gone within 24 hours.

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