Menu

Archive for the 'Legal' Category

Are Real Estate Photographers Open To Risk Of Liability From Privacy or Security Issues?

September 8th, 2016

Jonathan asked the following question: I just got off the phone with a potential client whom after nit-picking my service agreement brought up a point that made me wonder if I’m missing an important indemnification point in my contract: She told me that her new listing agreements state that there may be “residual exposure” After […]

Can I Relicense A Photo? Do I Need A Property Release?

July 26th, 2016

Nicola (on the West Coast of the US) asked the following: I was hired by a local newspaper to photograph a real estate piece for a high profile house sale that used to belong to a celebrity politician in the old days but was owned and redone by another owner. The house looked completely different […]

Update On The CoreLogic Class Action Suit

July 12th, 2016

Today Joel Rothman sent me the following status update on the CoreLogic Class Action suit we’ve been following for the last 2 years: On behalf of plaintiffs Robert Stevens and Steven Vandel, we are disappointed at the decision of the District Court for the Southern District of California dismissing the plaintiffs’ complaint against CoreLogic for removal […]

Are There Photographers Rights Violations Going On Here?

June 20th, 2016

Thomas in Houston pointed out this listing and said: I was surfing RE porn and this listing came up. I noticed that Zillow claims the copyright to the photos. I doubt that anyone from Zillow took those pictures. I guess this happens when the portals strip the meta-data and claim the works as their own. […]

Do Real Estate and Architectural Photographers Need their own Association?

June 12th, 2016

The following is reposted from Joel Rothman’s site sriplaw.com. We’d all like to hear your opinion on this subject. Our firm represents many real estate and architectural photographers. Our experience suggests that the unique challenges facing real estate photographers are not currently being addressed by the different photography associations.  Which raises the question, should real estate and […]

Are You Confused About US Drone Regulations?

June 6th, 2016

Jack recently asked: I am confused about the rules and regulations about flying a drone for aerial photography. If a person is a license commercial pilot can they fly a drone for commercial/real estate photography purposes? Or are they required to be certified by the FAA? Real Estate agents in this area are very leery […]

Why Is Image Theft So Common In Real Estate?

May 19th, 2016

I recently talked to Nadia Reckmann, over at pixsy.com, which is a site that helps photographers find and fight image theft. Nadia was working on an article on why image theft is so common in real estate. She just finished the article and I think it is worth reading for real estate photographers. She says:

NAR Makes Changes to its MLS Policy that are Good for Real Estate Photographers

May 18th, 2016

Yesterday Joel Rothman pointed out to me that the National Association of Realtors has recently made some important revisions to its Handbook on Multiple Listing Policy that is intended to clarify the NAR’s MLS policies to highlight the importance of licensing. Here is Joel’s full explanation. This is a great follow-up subject to yesterday’s post about […]

Should You Ever release Your Photo Rights To Your Client?

May 17th, 2016

Randall poses the following question: I just received an email from a new client I did a shoot for. They asked me to sign a release that would release my copyright to them. My terms of service on my invoice says the Realtor is granted a usage license to use the images in any manner they choose as […]

What To Do If You Find Someone Using Your Image On A Website Without Your Permission?

May 8th, 2016

Pierre asks: I have a question regarding the internet blog “Curbed”. They are using my photos regularly to write articles about the Los Angeles Real Estate Market. They comment on various listings that I shot getting their information and images from the MLS. They have no way to know those are my photos because the […]

How Many Real Estate Photographers Register Their Photos And Have A Licensing Agreement?

March 10th, 2016

Rob in the Boston area asked the following: I’ve been shooting real estate now for about 1 1/2 years. Fast forward and about 400 shoots later and thousands of images, I have processed all of these images with a faint watermark image followed by the copyright symbol (see example to the right). The MLS in […]

The Lawyers That Filed The Class Action Suit Against CoreLogic Need Your Help

February 24th, 2016

Remember the Class Action suit we talked about last May? Well, it’s not settled. Today I talked to Joel Rothman and Darren Quinn the lawyers that filed the suit on behalf of real estate photographers and the need your help. The following is their request for help with this suit. Many real estate photographers have […]

A Must Read For Real Estate Photographers That Worry About Protecting Their Copyright

February 2nd, 2016

I just got an email from Steve Schlackman an IP attorney and author of ArtLawJournal.com the blog about artistic copyright issues. Steve highlighted a recent blog post titled Six Steps to Safer Image Sharing by Chris Reed that I found very interesting because: It features a study of social media sites that tested how each social […]

Losing Control of your Copyrights on Social Media

January 13th, 2016

This is a guest post by Joel Rothman of Schneider Rothman Intellectual Property Law Group, PLLC. It seems innocent enough. Your interior designer client has posted one of your beautiful photographs of her latest installation to her Instagram account. The photo highlights your client’s design of an expansive living room with vaulted ceiling and massive […]

Who Owns The Photos Shot By A Non-employee Contract Photographer?

January 10th, 2016

Gavin recently posed the following question: I worked for a RE Photography business for a year and then bought it outright. Business is going well but I have a question about stock images. We have an extensive stock library from before my time. I understand the Photographer owns the images but does the business also […]