As a broker or agent, you may own or have the right to use the information associated with your listings—photos, virtual tours, written descriptions, remarks, or other information. Understanding the different rights you may have to this information is the first step before making decisions about how to use or share listing information.
Watch: How Copyright Affects Real Estate
Copyright Resources from Texas REALTORS®
The Texas REALTORS® Legal Department has created a number of model polices and addenda that cover copyright issues related to the creation and sharing of listing information and photographs. These forms help you reduce your risk of being subject to copyright infringement claims. You may choose to use one of the forms or all of them.
This form is designed to address the ownership of listing content created by an agent and third parties. It grant the broker the rights necessary for the broker to use the listing content in the MLS.
This policy instructs agents on how to properly use listing content and the types of agreements they must secure. The policy is similar to the above addendum but also addresses how the agent should use listing content and provides instruction as to how the agent should handle a notice of infringement.
- Model Work Made for Hire Agreement: This form states that the broker is the owner and author of the photographs from their creation.
- Model Assignment Agreement: This form states that a photographer assigns all rights to the photographs to the broker.
- Model License Agreement: This form states that the photographer retains ownership of the photographs but grants to the broker a license to use the photographs.