Real Estate Photography image rights

Started 5 months ago | Discussions thread
Brett8883 Contributing Member • Posts: 756
Re: Real Estate Photography image rights

Michael Fryd wrote:

Brett8883 wrote:

Michael Fryd wrote:

Zillow's terms of service absolutely allow other real estate agents to use images posted on Zillow to promote a property. It does not preclude them from using images from a previous sale that were commissioned by a different Realtor.

Where do you see that in the terms of service for Zillow? I don’t see anything like that in there granted it is long and I could have missed it

Any time your upload photos to Zillow you grant them an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law.

Furthermore Zillow restricts your use of photos by prohibiting your from reproducing, publicly displaying, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services. (emphasis mine).

The restriction on reusing images is specifically restricted to use on other websites. There is no restriction against using images from the Zillow website in an updated listing for the same property.

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The key here is that anyone uploading an image to Zillow, grants Zillow a very broad license to do pretty much whatever they want with the images. You have lost the right to restrict the images from being used by another Realtor. I don't have access to the MLS terms of service, but I would be amazed if they did not require a similarly broad license.

If a you want to be able to restrict these additional uses of images, then you can't allow them to be uploaded to Zillow, the MLS, or many other services. Clearly, that makes the images almost useless to a Realtor, so such restrictions are not practical when targeting that market.

I don’t see where it grants a license to another realtor though. You are just assuming that because it doesn’t say you can’t do it that you can. I agree that you couldn’t go after Zillow for having the photos on their site but if another realtor has downloaded the photos and re uploaded them to Zillow, that realtor is violating the copyright and the images need to be taken down and it sounds like Zillow does just that.

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