Archive for the 'Legal' Category

Do You Sign Your Local MLS’s License Agreement?

December 18th, 2017

Travis in Central Washington says: I am a real estate photographer in central Washington and was recently given NWMLS Form 13B to sign (Photographers License Agreement with NWMLS and its members). In looking the document over, the biggest concern I have is in the license section, #2, where the NWMLS states: “Photographer grants NWMLS the […]

How to Find Images That Have Been Stolen from You

November 27th, 2017

Recently, Architectural and Interior Design Photographer George Gutenberg of Palm Desert and Las Vegas had commented on this post.  I think his comment is worth highlighting. The following is an excerpt from his comment: The other day, I did an “infringement search” using my Pixy account. The result is 3,204 infringements!

Does My MLS Have the Right to Put Their Copyright on My Image?

November 22nd, 2017

Larry in Washington DC asks: I occasionally look at Pixsy to see how my photos are being grabbed online for unauthorized use. Recently, I saw a couple of photos I shot for a Realtor appear in the Washingtonian Magazine in Washington, DC. They have the ©MRIS mark on them. If I license my photos to […]

Summary of Photo Copyright Considerations for Real Estate Photographers

November 12th, 2017

Pat in Ohio asks: I have been a real estate photographer for a year now. Just want to confirm who owns the rights of the photographs taken? The real estate company or the Realtor or the photographer? I have been using the photographs for my business card, brochures, website, FaceBook, and Instagram. Just want to […]

What Can a Real Estate Photographer Do if the Client Doesn’t Pay?

November 1st, 2017

Bruce in CT says: This past spring we shot a home for an agent who was referred to us by one of our clients. When it was time to deliver the images, we requested a payment and since the agent was not on the shoot, we sent her an electronic invoice asking her to pay […]

My MLS Told Me I Am Not Allowed to Sell My Photos to the New Agent Taking Over the Listing

October 23rd, 2017

Mike in Pennsylvania says: I was just told by the MLS in my area that I am not allowed to sell my photos to the new agent taking over a listing that is on a different broker of record. She told me that the broker of record and the agent own the rights to the photos. […]

House Bill Brings the Possibility of a Small Claims Copyright System One Step Closer

October 10th, 2017

Last week there was a post over on on the new House Bill introduced to deal with the small claims copyright problem we are all aware of. Michael Zhang says:

Can Homeowners Claim Rights to Listing Photos after Their Property Is Sold?

October 2nd, 2017

Kelvin in Montana asks: The owner of a listing I shot two years ago is claiming that because they remodeled a home, the property rights of the photos of the home when it was in that stage belonged to them… This guy was saying I couldn’t/shouldn’t be able to sell photos from 2 years ago […]

Digital Media Licensing Association Launches Special Real Estate Photographers Membership

October 1st, 2017

Last week, Brian Balduf, the CEO and co-founder of VHT Studios, contacted me about the fact that the Digital Media Licensing Association (DMLA) is launching a registration drive encouraging real estate photographers to join their association. Brian’s company, VHT, is one of the biggest real estate photography companies in the US and they recently won a […]

Is Putting Screen Captures from Movies on TV Screens in Interior Images a Copyright Violation?

September 25th, 2017

Bruce in Connecticut asks: Recently I shot a home with a couple of movie theaters and the homeowner has asked if I could put clips of Forest Gump on one screen and a clip from Rocky on another. I am reluctant to do so as I don’t know the ramifications with regards to copyright. I […]

Does a Client Modifying Your Video Constitute Copyright Infringement?

August 23rd, 2017

Ken in Texas said: I recently shot some photos and video of a vacant lot for a Realtor. I asked him if he wanted music on the video and he declined. A few days later, I saw the video on his YouTube channel and he had added music to it. He also linked to that […]

When Flying a Drone, Do You Need a Property Release for Neighboring Properties?

July 31st, 2017

Peter in California says: Grant Johnston, who advertises on your blog, had a good question on his own Video blog. Is there an existing photo consent form that includes drone shooting as well as property release in existence? I have left this up to my clients who have photo consent as part of their contracts […]

What Are the Rules for Relicensing Real Estate Photos and Video?

June 22nd, 2017

Jack in Florida asks: I took photos and a video of a large property that has been for sale for close to two years. The Realtor I did this for contacted me and said that the seller would like to purchase the images and video from me. I was wondering if there any problems in […]

Should Real Estate Photographers Write Text for Listings?

May 5th, 2017

Daniel in New Jersey asked: I’m curious to know if any photographers are writing listing descriptions for their agents as an add-on? I’ve recently been contacted by an agent who was interested in this service and gave me some figures as to what he was willing to pay. I must admit, I’m a bit tempted. […] is Using an Image Stolen From Scott Hargis’s Book to Market Their Services!

May 4th, 2017

Matthew Stallone pointed out to me a few days ago that a marketing email being sent to many real estate photographers by Images Re-Touch is using an image stolen from Scott Hargis’s Lighting Interiors book (Figure 14.8 on page 169). They cropped the image to get rid of the “Figure 14.8” on the lower left […]