Link to home page, or members home page if logged in as a member
For AEs
Governance Professional Standards Board Staff Education Resources Guest Speakers and Installations Communications Issues Mobilization and Political Advocacy Assessment TREPAC Resources FAQ
For Leaders
Committees Key Leadership Directory Resources Expense Reimbursement Travel Policy Leadership Development Leadership Applications
About Us
Who We Are Leadership & Staff Outreach
Member Directory
REALTORS® and Appraisers Service Providers Local REALTOR® Associations Awards Careers Newsroom
For Buyers, Sellers, Renters
For REALTOR® Members
Legal & Ethics
Forms Blank Form Downloads zipForm Help Approved Form Vendors Form Changes Resources Legal FAQs Hotline: 800-873-9155 Legal Briefs Video Series Risk Management Resources Manuals and Guides Legal Fund Fair Housing for REALTORS® Ethics Code of Ethics Complaints Arbitration
Government Affairs
Political Affairs Political Affairs Resources Grassroots Election Programs Get Involved Legislative Affairs Positions Local Issues Program TREPAC What is TREPAC? TREPAC Awards Savings Calculator Resources for TREPAC Leaders My TREPAC Level TREPAC Video Contest Winners
Education
Course Search My Education Designations and Certifications GRI – Graduate, REALTOR® Institute TACS – Texas Accredited Commercial Specialist TAHS – Texas Affordable Housing Specialist TRLP – Texas REALTORS® Leadership Program TRLS – Texas Residential Leasing Specialist TRPM – Texas Residential Property Manager TRRS- Texas Risk Reduction Specialist For Instructors
Specialties
Commercial Property Management Farm and Ranch Global Affordable Housing Brokers and Managers Young Professionals & Diversity
Research
MarketViewer
Real Estate Trends
Texas Relocation Report Texas Quarterly Housing Report Texas Homebuyers and Sellers Report Texas Small Land Sales Report Texas International Homebuyers Report Texas Condominium Sales Report Sales of Million-Dollar Homes in Texas Report Texas Remodel Valuation Report Texas REALTOR® Satisfaction Index A Decade in Texas Real Estate Report Profile Reports Buyers and Sellers Texas REALTORS® Member Profile
Member Benefits
Value of Membership Texas REALTORS® Stores Alphabetical List of Benefits Browse by Category Safety Resources Become a Benefits Partner Texas REALTORS® MLS
Events
All Events Texas REALTORS® Events App REALTOR® Day at Texas Capitol
Meetings
Winter Meeting 3-Year Meeting Calendar
Communications
Advice for REALTORS® Blog Texas REALTOR® Magazine Current Issue Read Texas REALTOR® Archives Contact the Editors Manage Your Magazine Subscription Manage Email Subscriptions Write for Texas REALTORS® Advertise with Texas REALTORS®

For AEs
Governance Professional Standards Board Staff Education Resources Guest Speakers and Installations Communications Issues Mobilization and Political Advocacy Assessment TREPAC Resources FAQ
For Leaders
Committees Key Leadership Directory Resources Expense Reimbursement Travel Policy Leadership Development Leadership Applications
About Us
Who We Are Leadership & Staff Outreach
Member Directory
REALTORS® and Appraisers Service Providers Local REALTOR® Associations Awards Careers Newsroom

  • Members
  • Communications
  • Advice for REALTORS®
  • Can I Use That Listing Photo?

Can I Use That Listing Photo?

April 18, 2019 | Texas REALTORS® Staff

My sellers hired a photographer to take professional photos of their property. The photographer provided multiple shots of their backyard pool and landscaping, but together we selected only one for the property’s marketing materials and the MLS. I’d like to use one of the extra photos for my business’s marketing materials. Since it’s my listing, can I use the photo and credit the photographer?

No. Your sellers hired the photographer to take listing photos and they are the ones who entered into an agreement with the photographer. Merely crediting the copyright owner does not protect you from a copyright infringement claim.

Through their agreement with the photographer, your sellers may own the photographs outright or simply have rights to use the photos for marketing the property.

Talk to your sellers. If your sellers own the photos, you should ask them for permission to use one in your marketing materials. But if they only have rights to use the photographs, you should contact the photographer directly. In both scenarios, you should get permission in writing and ensure it allows you to use the photograph in the way you want.

8
Leave a Reply

avatar
5 Comment threads
3 Thread replies
3 Followers
 
Most reacted comment
Hottest comment thread
7 Comment authors
Scott in DFWRoxanna GMarti PattinsonJulie ArmstrongFaye Taylor Recent comment authors
avatar
newest oldest
Ashok Pruthi
Guest
Ashok Pruthi

Totally agree and there are no two opinions about it!

Reply
3 years ago
Duke Lane
Guest
Duke Lane

There is another layer to this question, and that is who, if anyone, may use the photographs to market the property once they have been used by an agent to do so. Some if not all MLSes hold that they, and not the agent or the seller or the photographer, hold copyright once photos are published on the MLS. They also hold that a second or subsequent agent to market the property cannot use the photos on another listing without the permission of the agent who first used them, without regard for who actually paid for them or owns the… Read more »

Reply
3 years ago
Julie Armstrong
Guest
Julie Armstrong

Actually, the MLS can say they obtain the copyright of any photo uploaded by the agent. However, the agent does not have the right to pass on copyrights or change any contract or licensing agreement of the photographer (or ignore basic copyright law) . Think of it like music. YouTube can’t put language in their uploading agreement saying they get the full copyright to any music users upload. No artist would be expected to give up their full copyright because someone with temporary license uploaded it on a music video. It’s the same thing. The MLS is trying to protect… Read more »

Reply
3 years ago
Marti Pattinson
Guest
Marti Pattinson

Sen this to my professional photographer who agrees and so do I.

Reply
3 years ago
Faye Taylor
Guest
Faye Taylor

I hire professional photographers and have always asked what their policy is. I do not like to use a photographer that does not give me the right to use the photos for marketing in the future. While I may never use those photos again or use very few of them for those I do I want to highlight that I go above for my clients when I list their house. My understanding is that once I load a photo even ones I took into MLS they get the my board’s copyright logo. I never use those photos with that logo.… Read more »

Reply
3 years ago
Julie Armstrong
Guest
Julie Armstrong

The MLS cannot legally claim copyright just by saying they do. The photographer keeps the copyright unless they give exclusive rights to the agent or anyone else. Independent professional photographers typically maintain their copyright and give the agent license to use the photos for the duration of the marketing of the property. Photography pricing is based on usage. For exclusive ongoing rights, the value of that sale would generally be more the twice the cost. It’s kind of like me, as an agent, discounting my commission, because the buyer/seller thinks a higher commission is just a ripoff and they will… Read more »

Reply
3 years ago
Roxanna G
Guest
Roxanna G

Question, you mention the photographer and the seller are the ones that are in an agreement, but is that different when the agent is the one personally purchasing the photos and not the seller paying?

Reply
3 years ago
Scott in DFW
Guest
Scott in DFW

I personally pay for professional photos on my listings. I won’t pay for something I don’t get to keep, and own, for as long as I want to own it.

I would like to know if by putting MY solely owned property, in this case PHOTOS, on MLS, that I lose the RIGHT to OWN and control my photos?

Can an attorney for MetroTex Association of Realtors reply to this question?

Reply
3 years ago

Categories

  • Advice for REALTORS®
    • Association Business
    • Benefits
    • Business Tips
    • Commercial
    • Education
    • Ethics
    • Global
    • Governmental Affairs
    • Legal
    • Meetings
    • Property Management
    • Research
    • TREC
  • Current Topics
    • Buyers
    • Landlords
    • Renters
    • Sellers
  • Uncategorized

Tags

advertising advertising rules awards brokers business advice buyers buying Code of Ethics Commercial consumers contracts elections fair housing forms Harvey homebuyers homesellers Hurricane Harvey Legal legal faq legislative affairs marketing marketviewer member benefits MLS NAR negotiation political affairs Property management renters Research rpr Seller's Disclosure sellers selling share this social media taxes technology tips tenants Texas Legislature texas realtor magazine TREC TREC rules webinar

Archives

  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
Legal Disclaimer

Texas REALTORS® provides content through various online platforms, including this blog. By interacting with any of our blog posts, you agree to comply with the following terms and conditions:

  • a. You will not post any defamatory, discriminatory, libelous, threatening, vulgar, sexually explicit, abusive, profane, rude, or obscene content (including comments);
  • b. You will not use our blog posts or posted content to do anything unlawful, misleading, malicious, or discriminatory; and
  • c. You will not post content or take any action on our blog posts that infringes someone else’s rights or otherwise violates the law.
  • d. You will not post any information intended to sell or advertise a business, product, or service.

Texas REALTORS®, in its sole discretion, reserves the right to remove any content you have uploaded, posted, or submitted onto any of our blog posts if we believe that it violates these terms or conditions.

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 Texas 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, Texas REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here. Any legal or other information found on this page or at other sites to which we link, should be verified before it is relied upon.

For Buyers, Sellers, Renters
For REALTOR® Members
Link to home page, or members home page if logged in as a member
Texas REALTORS® is committed to advocating for a strong real estate industry, advancing a culture of continued learning, and staying ahead of issues concerning members and their clients.
© 2023 Texas REALTORS®
Latest Tweets
  • RT @nardotrealtor: Hitting the road early this morning on our way to @TXRealtors for our #RidingWithTheBrand event. We’re making our way fr…18 minutes ago
  • The latest Legal Briefs video discusses the Addendum for Sale of Other Property By Buyer. https://t.co/IPdxCG4OBr2 hours ago
Quick Links
About Us Contact Texas REALTORS® Accessibility Newsroom Site Map Terms of Use Privacy Policy Report a Problem
  • Facebook
  • Twitter
  • Default Label
  • Default Label
  • Default Label

Uh Oh!

×
There's been an error!
wpDiscuz