Archive for the 'Legal' Category

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 […]

Beware Of The Licensing Agreements Provided To Realtors By NAR

January 6th, 2016

Derek in NYC pointed out the following: I recently watched a video on Realtor.org about “Listing Photo Copyright Issues” In it, they present 3 types of agreements for realtors to use as templates when hiring photographers (all available for download) The first is a “Work for Hire” which I know few RE Photographers would agree […]

Explanation Of Real Estate Photo Licensing For Agents

December 29th, 2015

Eric in Southern California asked for the following: I’ve been looking through the site for a basic simple explanation on copyrights and usage for real estate agents to understand. I’ve been a photographer for most of my life and doing real estate photos for about eight years and in working with several different agents in […]

An Example Of The Photo Ownership Language That Some MLSs Use

December 22nd, 2015

Michele in Maryland just sent me an example of the current terms that agents agree to when submitting photos to her local MLS:

Great News: NAR is Finally Educating Realtors About Listing Photo Copyright Law

November 26th, 2015

The good news: Finally the US National Association of REALTORS (NAR) is educating Realtors about copyright issues involved with listing photos (see this NAR article). This should have started long ago, but let’s be thankful that they finally realized that photo copyright is an area that agents need education. This is a very significant development […]

How Do Real Estate Photographers Strike A Balance Between Photo Rights and Marketing?

November 9th, 2015

Kelly in Georgia asked the following question: I photographed a listing for the seller, and the buyer’s agent took the photo off of MLS and is using it for his own purposes. This is a response I just received from a realtor in my area to an email I sent to him regarding his unauthorized […]

With ImageRights, You Can Now Legally Copyright Your Photos Directly Out of Lightroom

October 29th, 2015

Andy on the Big Island pointed out this article at reasourcemagonline.com that explains that ImageRights.com now has a Lightroom plugin that allows you to submit images for Copyright directly to the US Copyright offices right out of Lightroom. ImageRights.com is a legal service that helps photographers protect and defend their copyright. The video to the right is […]

California Close To Creating No-fly Zone Over Private Property

September 10th, 2015

California appears to be very close to creating no-fly zones over all private property. California SB-142 has been passed by the state legislature and as I understand it has been on Gov Brown’s desk since August 28. As I understand it, SB-142 says you have to have express permission to fly a UAV over private […]

Are There New Rules In California For Real Estate Photographers?

September 3rd, 2015

Micah, a real estate photographer that recently moved to California asked the following: I heard something interesting today that I hadn’t heard of before but thought maybe you knew: Someone was telling me that photographers who shoot real estate in California need a real estate license in order to do it legally. Is this true? […]

Zillow Copyright Suit Charges Zillow Uses Photos Of Sold Properties

July 21st, 2015

Many readers have pointed out that Zillow has been sued by VHT claiming that the Zillow.com/digs home improvement site is violating copyrights on hundreds of real estate photos. John Cook at GeekWire.com has an article the summarizes the VHT’s suit against Zillow. The suit alleges that: Zillow uses photographs from homes that are not for […]