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.