Know your copyright risks when it comes to listing photos
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.
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.
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