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. I finally got her to admit that this was an internal thing through their multiple listing service. I believe this violates my rights. Agents are trying to sue MLS when another agent uses their photos but if they get written permission from the photographer it should be completely OK. She’s trying to tell me I have to get written permission from the agent for me to allow another agent to use the pictures. That’s bull crap!
Yes, the photographer owns the photos and licenses the listing agent to use the photos and can relicense another agent to use the photos. But there are many Realtors and MLSs that don't fully understand copyright law. I suggest that you refer whomever you are discussing this with to Joel Rothman's website. Have them read these three articles:
These should carry more weight than my words because Joel is an Intellectual Property Attorney involved in advising and litigating MLSs all over the US so he knows what he is talking about.