If you have a website, you need this model policy

Translate this page
Hand holding a smartphone in front of and facing a laptop keyboard that is on the table

02/25/2015 | Author: Editorial Staff

Imagine this scenario: A user of your website posts a property photo that he didn’t take. The photographer who took the photo finds out and threatens to sue you for copyright infringement. So, what do you do?

If you follow the steps outlined in a new model policy from TAR, you can help protect yourself and your business from liability for this type of copyright infringement.

A law called the Digital Millennium Copyright Act protects online service providers—a category that includes brokers and agents with websites—from liability for copyright infringement when, for example, third parties post infringing material to their website. TAR has made it easy for you to meet the law's requirements by creating a free model policy, the Digital Millennium Copyright Act (Safe Harbor Provision) Model Policy.

Visit the Risk Reduction Tools page to download your copy of the Digital Millennium Copyright Act (Safe Harbor Provision) Model Policy and add it to your office’s policies and procedures.

Categories: Legal
Tags: legal, policies


Nancy Sillers on 03/24/2015

I paid thousands of dollars for my camera so I could take great photos. When my listing expired another Agent delisted the home and used my photos. What are my rights?

Curtis Young on 02/26/2015

Since I am not an attorney, I sure want to encourage you to check your position with one. I spent many years working with intellectual property attorneys, and my recall is that if you do not have a “works for hire” agreement with your photographer that clearly stipulates the rights to the photos are yours, they are typically owned by the photographer, and you have “limited use” rights, if any.

Volley Goodman on 02/25/2015

LOL that would be a shame since I have paid so many thousands to my photography service! I am absolutely sure they would regret bringing such an issue to court! Those photos BELONG to me!

Leave a Comment

Read our commenting policy

advertise with us

Legal disclaimer

The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on texasrealestate.com. Any legal or other information found here, on texasrealestate.com, or at other sites to which we link, should be verified before it is relied upon.

Advice for REALTORS®

5 ways smart-home tech affects real estate transactions

5 apps that can keep you safe in—or before—a crisis

Is the eviction process different for manufactured homes?

3 places you can find free marketing content


More advice for REALTORS®