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Know your copyright risks when it comes to listing photos

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11/29/2016 | Author: Editorial Staff

Copyright infringement is a growing concern for the real estate industry. Did you know that you need permission to use a photo in your listing? If you don't get permission from the owner of the photo, you might be liable for copyright infringement. TAR hosted a webinar last week with attorneys from NAR explaining how you can comply with copyright laws and reduce your risk of infringement.

It’s important to know what type of agreements you have with people who provide you photos. Are they assignments or work-for-hire arrangements, where you own and retain the rights, or are they licensing agreements that might allow only certain uses or expire after the listing is sold? NAR provides sample agreements that you can modify to fit your needs.

The type of agreement matters because you may be liable for unauthorized use with photos you upload to the MLS. For example, if your MLS distributes photos to third-party websites, by uploading photos to that MLS, you’re representing to the MLS and those third parties that you have permission for those photos to be used on third-party websites.

Get more information on this topic and additional tips, such as how to comply with the Digital Millennium Copyright Act, by listening to audio of the webinar or downloading the slides.

Categories: Business tips, Legal
Tags: legal, business tips, risk reduction, webinar, listing photos, photography

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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 Any legal or other information found here, on, or at other sites to which we link, should be verified before it is relied upon.

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