Reading
blue-triangle-element

Articles

PFRE is the original online resource for real estate and interior photographers. Since 2006, it has been a community hub where like-minded professionals from around the world gather to share information with a common goal of improving their work and advancing their business. With thousands of articles, covering hundreds of topics, PFRE offers the most robust collection of educational material in our field. The history of real estate photography has been documented within these pages.
All Articles
blue-triangle-element

Latest

While we can discuss how to capture it, the fact remains that the front exterior photo is THE most important photo in real estate marketing. It's my understanding that, before the advent of online listings, agents were only required to choose one photo ...

COMMUNITY
blue-triangle-element

Forum

The PFRE Community Forum is an online resource for discussing the art and business of Real Estate and Interior Photography.
Join The Discussion
blue-triangle-element

Latest

View Now
Contest
blue-triangle-element

OVERVIEW

For over a decade, photographers from around the world have participated in PFRE’s monthly photography contests, culminating in the year-end crowning of PFRE’s Photographer of the Year. With a new theme each month and commentary offered by some of the finest real estate & interior photographers anywhere, these contests offer a fun, competitive environment with rich learning opportunities. 

Contest Rules
blue-triangle-element

CURRENT CONTESTS

View / Submit
blue-triangle-element

PAST CONTESTS

View Archive
Conference
blue-triangle-element

Conference

PFRE’s Annual Conference in Las Vegas provides real estate and interior photographers from around the world an opportunity to meet on an annual basis, to learn, share best practices and make connections. Many of the leading names in our field are selected to speak on topics aimed at improving our craft and advancing our business. It’s a comfortable, relaxed environment that is fun, easy to get to, and affordable.
blue-triangle-element

Upcoming

PFRE Conference 2020

Register Now
blue-triangle-element

Latest News

Limited Early Bird Spots on Sale Now! PFRE Virtual Conference 2020

The roster of presenters is full, and the PFRE Virtual Conference is o ...

PFRE Virtual Conference 2020 Announcement: Presenter Line Up Part 2 of 2

*Early bird tickets go on sale September 28th* Here are the remaining ...

PFRE Virtual Conference 2020 Announcement: Presenter Line Up Part 1 of 2

We're a few short months away from the PFRE Virtual Conference 2020 an ...

Reader Poll: Which Topics Should Be Covered at the 2020 PFRE Virtual Conference?

Planning is well underway for the 2020 PFRE Virtual Conference and we' ...

Podcast
blue-triangle-element

Podcasts

The PFRE podcast is focused on having meaningful conversations with world-class photographers, business professionals and industry leaders, with the goal to inform and inspire.
All Podcasts

Coming Soon...

Resources
blue-triangle-element

Resources

PFRE prides itself on the depth and breadth of the information and professional development resources it makes available to our community. Our goal is to help real estate and interior photographers be successful while bringing the community together and elevating the industry as a whole.
blue-triangle-element

Directory

Coming Soon...

Licensed Agent/Photographers May Not Be Able To Retain Photo Copyrights For Their Listing Photos

In: 
Published: 23/09/2016
By: larry

redfin

Alexander Stross who is a licensed agent in Austin, TX and a photographer sent me a link to Venkat Balasubramani's article over at blog.ericgoldman.org  describing a suit that Alexander filed against Redfin. The 5th circuit court recently ruled against Alexander. The essence of the case is as follows:

Stross is a photographer and broker who participates in multiple listing services (MLSs). He alleges that Redfin infringed because (1) it used “Stross’s photographs of sold listings for purposes other than ‘to support an estimate of value on a particular property to a particular client'” and (2) it recommercialized Stoss’s photographs by “encouraging” social sharing. The court in an earlier order says “there is a strong case for infringement, but factual issues remain regarding the alleged exceeding the scope of the ACTRIS license” and Redfin’s eligibility for DMCA safe harbor protection. The court now reverses course and grants summary judgment in favor of Redfin.

So aware that if you are a licensed agent or an MLS member, depending on your MLS, the MLS rights may conflict with your rights as a photographer.

I know, there is much about this decision that seems strange starting with the fact that to transfer photo rights the photographer must sign something and to join his MLS Alexander did not sign anything.

5 comments on “Licensed Agent/Photographers May Not Be Able To Retain Photo Copyrights For Their Listing Photos”

  1. You have to execute a specific written document to transfer a Copyright, but all of the "social media" sites have you agree that you are granting them an unlimited, non-exclusive license to anything you post. Redfin might be doing that as well. The real estate professionals I work with don't like RedFin at all.

  2. Could it be said that in general agents do not like Redfin or have bad vibes with them? If so should we not use Redfin's article they published on homes selling for more with pro photography?

  3. @Tony,
    I would definitely say that most agents (and Brokers for that matter) are not keen on Redfin. However, there are many different articles that support the opinion that homes sell for more with pro photography. Below are a few examples:
    http://www.realtor.com/advice/sell/why-you-might-need-professional-photos-to-sell-your-home/
    http://www.marketleader.com/blog/2013/08/07/use-a-professional-to-photograph-listings/ (this one does quote the redfin article though)
    http://www.inman.com/2015/05/07/6-reasons-why-a-professional-home-photographer-is-worth-the-price/ (most agents I work with LOVE Inman, so this is usually a good source)

    Just a few I found in a very quick search.

Leave a Reply

Your email address will not be published. Required fields are marked *

magnifiercrossmenucross-circle