Housing News
Does the MLS own the copyright to real estate photos, tours?
The real estate industry is not new to having to protect their copyrights, particularly photos, but many may not know that their MLS retains the copyright to all images once uploaded.

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EricEstate
May 25, 2012 at 10:41 pm
I really doubt that photographers grant copyright to Realtors. I know when I was a photographer, I never did. I took over 1.25 MILLION photos, and I retain the copyright to each and every one of them.
Instead of transferring copyright (which I registered with the library of congress), I would grant a limited license to whoever hired me to use the photos. I made sure the license would cover any way they wanted to use them, so there wouldn’t be any problems later.
Here’s the issue. Agents who don’t have copyright can’t transfer it. It’s that simple. You can’t give something to someone that you don’t have.
There’s a big issue with this – and someday it will probably be solved in court, but not in the way you would think
BrettClements
May 26, 2012 at 4:35 am
Under the digital millennium copyright act, and under copyright law in general, copyright in all images resides with whoever took the photograph or recorded the image UNLESS it is signed over. By accepting terms on web sites, you sign it over. The same actually applies to YouTube. Personally, I think there is also another issue here. I believe the home-owner owns the pictures. For they own the home; and the contents; and when we ‘work’ we are on private property. At least, in Australia, where VPA or Vendor Paid Advertising is a main mover. Our company’s attitude, and we take thousands of photographs and video a year, is the home owner, the Vendor, owns the material once the exclusive listing expires.
homingCloud
May 29, 2012 at 10:22 am
@BrettClements totally agree that the home owner should own the pictures.
simslyn
June 4, 2012 at 3:34 pm
@homingCloud
Whoever took the photos owns them. If you take a picture of a building that doesn’t mean the building’s owner now owns the photos. Duh.
edwardzbrown
May 26, 2012 at 6:14 am
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blarsonmpls
May 26, 2012 at 9:04 am
The answer to this question varies a lot from market to market. For example, National Association of REALTORS policy prevents MLSs affiliated with NAR from requiring the transfer of copyrights from brokers to the MLS, though some MLSs have a program where the broker has choice whether to transfer copyrights.
Brokers who use a photographer should have a written agreement that makes it clear exactly who owns the work product. (Generally, the photographer, if not the broker’s employee for tax purposes, retains ownership of the copyright.)
We talk a lot about this issue on our blog at http://www.MLSTesseract.com.
-Brian
ericaramus
May 26, 2012 at 9:49 am
I have a problem with this. I also belong to multiple MLS systems. One, TREND, has a similar policy and they actually watermark photos we upload. I understand it is to prevent scraping, but I don’t understand how they can enforce the transfer of ownership of the photos that I TOOK.
Steve DeGuzman
May 26, 2012 at 9:42 pm
If you agree to it yes.
simslyn
June 4, 2012 at 3:32 pm
I also have a problem with the final wording from the MLS on who has ownership of the photos. If I take the photos, I should have control & final outcome & usage of those photos. I understand where & how this started – this doesn’t mean it has to continue. In one of these attached posts on this subject, the MLS attorney for my area (MRED) states that they would not enforce this wording. Agents would have to pursue copyright themselves. But that still doesn’t change the wording on that final sentance ‘grant back permission’. Gee, how nice of you to allow ME the usage of MY photos. Someone should challenge this in court as you shouldn’t give up your rights just to disseminate photos on the internet or in print.
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