Real Estate Photography image rights

Started 6 months ago | Discussions thread
Ryan Steel Regular Member • Posts: 145
Re: Real Estate Photography image rights

Michael Fryd wrote:

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.

You're talking in circles, Michael. You suspect this, or it's quite possible that... You have no actual knowledge. You throw out a speculation and proceed to answer yourself as if your speculation was true or even something anyone asked about.

We are all aware that we grant sites licenses when we agree to those licenses. Duh. Nobody is talking about re-writing MLS agreements. Where you got that is beyond me.

The fact that Zillow acted on my DMCA Takedown request is evidence that they did not have the rights to: a) use those images after the sale, and b) provide them directly to the owner to sell his home by owner. If Zillow had the rights to those photos (which they don't), and had the rights to let the property owner use them in a FSBO listing (they don't), Zillow would not have removed all photos in response to my DMCA Takedown request.

Other Realtors are not allowed to use the photos of other Realtors without the permission of the copyright owner. You are incorrect in your statement that Realtors can use pre-existing photos on Zillow. That is simply not true and shows a lack of understanding of the topic.

I am Realtor for 15 years with over 400 career sales, most of which were listings with professional photos. I have extensive experience in this field.

-- hide signature --

“It’s better to give than to receive. Especially advice.”
– Mark Twain

 Ryan Steel's gear list:Ryan Steel's gear list
Nikon D850 Nikon AF-S Nikkor 16-35mm F4G ED VR Nikon AF-S Nikkor 24-70mm f/2.8G ED Sigma 105mm F1.4 DG HSM Art +4 more
Post (hide subjects) Posted by
Keyboard shortcuts:
FForum PPrevious NNext WNext unread UUpvote SSubscribe RReply QQuote BBookmark MMy threads
Color scheme? Blue / Yellow