Real Estate Photography image rights

Started 7 months ago | Discussions thread
Michael Fryd
Michael Fryd Forum Pro • Posts: 15,656
Re: Real Estate Photography image rights

Ryan Steel wrote:

I photographed my client's home for sale and posted those images to MLS. When the house did not sell, listing was canceled. Client (seller) then got his own Zillow account and re-posted the same images for his "for sale by owner" listing. He's the one who took the photos without permission and re-used them for something that he did not have rights to do. Remember, I am the photographer and have not granted any licenses to my client, the seller. The only license is to me, the realtor.

Zillow took down the images upon receipt of my DMCA Takedown request. Your understanding is not correct.

When you posted the image to the MLS you agreed to the MLS terms and conditions. By posting you granted them whatever license their terms specify.

I suspect their terms allow them to provide the images to Zillow.  It's quite possible that the owner did not violate Zillow's terms when he used images from Zillow on the Zillow web site.


My point is that as soon as you authorize posting to one of these sites, you have granted that site whatever license they want.

When you post to the MLS, you agree to their terms and conditions.  You don't get to edit those terms to suit your wishes.

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