Comments on: Who Owns The Photos

By: pablo arthur

pablo arthur — Fri, 01 Jul 2011 02:56:17 +0000

Nobody has answered me satisfactory on this issue? I am a Real Estate Agent, and an Amateur Photographer. If I take a primary exterior Photograph of a Mansion, and put it in a Postcard I sent. I been told that I can be sue for that, but nobody tell me why? I am not saying that is my listing, neither I have sold that property, it is just in the background.
Also picture was taken from public ground. Can anybody tell me what is the infringement here??
Thanks in Advance,
Pablo Arthur

By: larry

larry — Mon, 15 Dec 2008 22:31:19 +0000

Chris- From what I’ve heard in talking to many Realtors and RE photographers this is an area where there is typically a big disconnect. Not because of any ill intent, but just because Realtors don’t understand what the Photographer expects and the photographers don’t understand what happens to photographs once they are put on the MLS. It’s your job as a photographer to make sure there is no disconnect between you and your clients.

By: Chris

Chris — Mon, 15 Dec 2008 22:00:11 +0000

I have just entered the PFRE realm and have been surprised at the responses to this question. Photography is an intellectual property, and also physical in the case of prints and film, and is the property of the person who created such property. This being said, if photographers are allowing their photos to be used, without their consent or proper reimbursement, they might as well give all of their belongings away. We don’t go to a hotel, sleep in their beds, use the bathroom, dirty the towels, and eat the $11 dollar peanuts and then not expect to pay. Yes, no tangible asset is being given to us, but we are still getting the benefit of a hot shower and a slightly comfortable bed. Agents need to understand that we are LENDING them the use of our intellect and skill in marketing themselves and their listings, and that they can’t just rip off someones work or pass it out for free use.

I on the other hand am flattered if a customer, either the home owner or agent, prints one of my photos and hangs it on the wall as a memoir. To me, as long as only the original customer uses it for their personal use it’s no bother. If I was to enter an agent’s office and noticed a 4×6 or 8×10 of a house I shot for them hanging on the wall, and I have, I would be pleased. I know that they were proud of the listing and proud of how my photography represented it.

By: Eric Chase

Eric Chase — Wed, 19 Nov 2008 21:48:45 +0000

The MLS rules and for that matter agreements with most real estate portal providers around the globe [that we or the agent or the real estate agents office uploads images to] have clauses in them that give the portal owner control and ownership of the images once uploaded.

So if a photographer wants to argue the toss on ownership they are effectively putting their client in jeopardy of being guilty of contravening an agreement that they or their broker has signed, [more than likely] without the agent being aware of the detail in the agreement!

It is not the policy of Open2view to put their clients in a position whereby they could be in breach of an agreement or contract signed by their broker which they as agents of the broker are contracted to abide by.

This is not a 100% satisfactory position to be in but it is a pragmatic one. The reality as pointed out in one of the responses above is that the images are in most cases compressed quite a bit to go on to these other portals that there is not much left to rip off anyways. There are two ways to look at this, as an infringement of our copyright or as a compliment to our excellence.

Branding each image is always a great way of promoting ourselves but then there are portals that insist on no branding on the images. I wonder why??? Because ab lot of them then them on sell their data and images, ours included!!!

Great promotion if you can get it through, though!

I have often seen our images on other portals with the Open2view Logo on them and personally think it’s all good for business!

By: Photo News Today » Blog Archive » Who Owns The Photos

Photo News Today » Blog Archive » Who Owns The Photos — Wed, 19 Nov 2008 18:21:55 +0000

[...] Source and Read More: photographyforrealestate.net [...]

By: Ste Genevieve Missouri Real Estate

Ste Genevieve Missouri Real Estate — Wed, 19 Nov 2008 02:21:14 +0000

I don’t worry about other agents stealing the MLS photos. By the time the MLS system system reduces the picture size and compresses the photo, there is nothing worth stealing.

By: Henrique Baldwin

Henrique Baldwin — Wed, 19 Nov 2008 00:06:19 +0000

I think it is important to establish with clients whether photos are “sold” or licensed. For my own purposes agents can use the photos for marketing the listings or themselves. The local MLS does not permit photos to be used by anyone except the listing agent. I have found listing agents using my photos for they own purposes after the new agent copied them from my client’s listing. This is against the rules and they get reported. The local association does fine agents for using photos from a previous listing.