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Copyright Infringement Will Cost You BIG Dollars

By
Services for Real Estate Pros with Second Self Virtual Assistance

Copyright Infringement Will Cost You BIG Dollars

Copyright Infringement Can Cost You BIG DollarsYou've written a great blog post about an annual community event. You just need to add a photo. Most people naturally go online to find a photo that best represents their post topic. They do a Google image search to find a photo. Or, perhaps they go to the event's website or the Chamber of Commerce and "lift" a photo from their website. Be careful! Even unintentional copyright infringement will cost you BIG dollars!  

 

According to Google, here's a few things you need to know before you add graphics and photos to your work:

 

  • Royalty-free means that once a license fee is paid, the images may be used many times without paying additional fees, but the initial license is necessary to protect yourself and your clients.
  • Stock photography is the supply of photographs, which are often licensed for specific uses. It is used to fulfill the needs of creative assignments instead of hiring a photographer, often for a lower cost. Today, stock images can be presented in searchable online databases. They can be purchased and delivered online.
  • Is it illegal to take pictures of someone without their permission? You can photograph people in public places without consent. There are exceptions, though. If subjects have a reasonable expectation of privacy, don't photograph them. For example, don't photograph someone in a restroom or locker room.

 

On Clickandcopyright.com, they have a well-written page that fully explains copyright infringement; what it is, exceptions and how to avoid copyright infringement of your own work. A few minutes of reading up and becoming more aware of the law will save you big dollars.

 

If you need more information, Copyright.gov provides a long list of frequently asked questions.  

 

One more thing...Copyright infringement is different from plagiarism. - According to Google, plagiarism is the act of taking another person's writing, conversation, song, or even idea and passing it off as your own. Plagiarism.org (Yes, there's really such a site.) posted a great article entitled, "What is Plagiarism?" that fully explains plagiarism. Their site also has tons of other resources and information.  

Copyright laws protect us all. Familiarize yourself so you can protect yourself.

Athina Boukas
Virginia Capital Realty - Richmond, VA
Certified Residential Specialist (CRS)

Thank you for reminding us of this. It is so easy to copy /download off the internet that we can forget that it is always someone else's property.

Mar 25, 2016 01:03 AM
Ron Painter
Shorewest Realtors - Burlington, WI

Drick Ward comments:

 What moron would think it's acceptable to steal someone else's photo for their own use?  Are agents truly that dishonest (or stupid) that it's a common practice?  

The same moronic agent that thinks it is acceptable to do every other rotten thing that this industry is accused of.  Unfortunately there are a lot  of those agents today. 

Many play the "stupid card" when in fact it is the card of laziness and larceny. 

Unfortunately it just makes it all that more difficult for the concientious broker/agent.

As an avid serious amateur photographer with 40 years of experience and  alot of expensive equipment I become incensed when an agent hacks my photo(s) because he says "it is in the public domain". I have pointed out how "public" the court room is and my willingness to head that way if needed. 

That stops most. The others need to be dealt with too as well as their brokers. 

On the other hand I have enough pride in my work (and a big enough ego!) to permit agents o use my images with my permission as long as I got the credit on the ad copy.

I have never charged the agents for the use of the photo either though that may change in the future.

 

 

 

 

 

 

Mar 25, 2016 01:19 AM
Pamela Cendejas

Ron Painter - You just broke my heart.  I actually believe that most agents don't steal photos from other agents. I also believe that most agents are honest and hard working.  I think ignorance, though not an excuse, is more accurate.

Mar 25, 2016 07:38 AM
Bill Reddington
Re/max By The Sea - Destin, FL
Destin Florida Real Estate

Perfect example of why I only use my own photos and text. Pretty sure I am not going to sue myself.

Mar 25, 2016 01:20 AM
LUXURYSOCALREALTY COMPASS La Jolla
Compass - La Jolla, CA
San Diego Partner - The Private Client Network

Good Morning Pamela Cendejas Fantastic advice on usage of photos in our online blogs, social media, and website.

Mar 25, 2016 01:46 AM
Nicole Doty - Gilbert Real Estate Expert
Zion Realty - Gilbert, AZ
Broker/Owner of Zion Realty ZionRealtyAZ.com

Aside from using my own photos I probably spend $100 or so on picture purchases every year. It's more than worth it. 

Mar 25, 2016 01:47 AM
Harrison K. Long
HomeSmart, Evergreen Realty - Irvine, CA
REALTOR , GRI, Broker associate, Attorney

Pamela ... Thanks for your valuable article on copyright infringement situations for real estate professionals.

Mar 25, 2016 01:56 AM
M.C. Dwyer
Melody Russell Team at eXp Realty of California, Inc. - Felton, CA
MC Dwyer-Santa Cruz Mountains Property Specialist

This is a great reminder Pamela.    Imagine my surprise when I found another agent had lifted my carefully crafted description of a local town and posted it, in it's entirety, on his/her own website.    One call took care of that - the agent was embarassed to have been caught.    It sure changed my perspective!

Mar 25, 2016 02:41 AM
Pamela Cendejas

Good for you for standing your ground.

Mar 25, 2016 07:39 AM
Steven Simmons and Marti Schmidt
John L Scott Ocean Shores - Ocean Shores, WA
Ocean Shores Real Estate www.theoceaniscalling.com

Great post and a very good reminder for those not wanting to do their own leg work.  We continually find our original work, both print and photos on sites owned by other agents competing against us.  Social media sites are very accomodating with the prompt removal of stolen work.    

 

 

Mar 25, 2016 05:01 AM
Craig Cooper
Chase International Real Estate - Tahoe City, CA
Creating-Preserving-Growing Wealth in Real Estate

Pamela, this is a great discssion to have. Unfortunately, there are many agents in our profession who are either ignorant as you have suggested, providing them with the benefit of the doubt or ethically challenged if not dishonest. I know that sounds harsh but like many things in our industry, when we fail to police our own behavior we all suffer the reputational hit! There are too many of the "other" types. I haven't seen brokers spending a lot of time trying to educate their agents on the topic which means it is easier to ignore until you get caught then plead temporary insanity! 

Mar 25, 2016 03:42 PM
Pamela Cendejas

Craig Cooper - Probably one of the most important things you mentioned in your comment was that we all suffer the reputational hit.  The cheaters will get "found out".  However, what it does to the industry is hard to recover from.

Mar 28, 2016 03:50 AM
Elyse Berman, PA
LoKation Real Estate - Boca Raton, FL
Boca Raton FL (561) 716-7824

Pamela Cendejas Very interesting information on copyright.  Thank you for posting this.

Mar 25, 2016 08:25 PM
Sherrie Stone
Xpress Property Resource, Inc - Tampa, FL
Real Estate Redefined

Pamela,

Great information.  Thanks for the reminder and factual info!!! 

Mar 25, 2016 09:48 PM
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

As always you have information that we all need to know.  Thanks Pamela Cendejas 

Happy Easter

Mar 25, 2016 11:36 PM
Pamela Cendejas

Hope you had a lovely Easter, too, Mary Yonkers.  Thanks for commenting.

Mar 28, 2016 03:51 AM
John Rakoci
Eagle Realty - North Myrtle Beach, SC
North Myrtle Beach Coastal Carolinas

We are all busy but no need to be too lazy to find a picture that can be used or preferrably take one! It does not have to be exact ~ just related. At times a related picture can grab more attention anyway.

Mar 26, 2016 12:27 AM
Jim West
Real Estate Technology Partners - Marysville, OH
Our Passion Is Helping 1st Time Home Sellers

Thanks for the information. I will try to keep these in mind

Mar 27, 2016 09:40 AM
Mary Hutchison, SRES, ABR
Better Homes and Gardens Real Estate-Kansas City Homes - Kansas City, MO
Experienced Agent in Kansas City Metro area

Great info. I always take my own photos for my blogs...or get permission to use a logo or photo.

Mar 27, 2016 10:43 AM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Yes Pamela Cendejas - it's a big price to pay possibly!

And we do have few posts pointing to many 'free'ish website for pictures....(Still use some service or use our own pictures.)

Mar 27, 2016 02:18 PM
Pamela Cendejas

What is your opinion (or knowledge) of the "safeness" of using the free image websites, Praful Thakkar?

Mar 28, 2016 03:54 AM
Randy Elliott
RE/MAX Gold - Lodi, CA
REALTOR : Lodi / Stockton, CA

Always much better to be safe than sorry.  Cautionary measures should always be taken when working in or with the public to hopefully avoid not only misunderstandings, but also any possible legal issues. 

Mar 27, 2016 07:41 PM
Pamela Cendejas

Very good advice, Randy Elliott.  Thank you for your comments.

Mar 28, 2016 03:55 AM
Jerry Lucas
ABC Legal Docs LLC - Colorado Springs, CO
Notary Training, Consulting. Colorado Springs, CO

I use Copyscape to protect the content of my website.  It can detect if anyone has copied my content.  I have had two occasions where I wrote a Cease and Desist Notice to the website hosts of infringing websites.  The website hosts made the infringers remove the content. I did not need a lawyer.  I just sent an email complaint.

For photos, I use my own or public domain or limited license such as CreativeCommons with some rights reserved, rather than all rights reserved.

For images, I have a subscription to PresenterMedia.

Mar 29, 2016 03:43 AM
Pamela Cendejas

Jerry Lucas - Thank you for sharing the resources.  Presenter Media is a bit pricey but may work for some people.  I prefer going to a place where I can purchase what I need outright without having to pay an ongoing fee for each graphic.

Mar 29, 2016 04:18 AM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I use a subscription service for my photos. It isn't expensive and gives me more than 10,000 graphics and photos to use. That and my own give me plenty to use. Excellent post Pamela.

Mar 30, 2016 12:12 AM
Pamela Cendejas

Debbie Reynolds - Do you mind sharing what subscription service you use?  Thank you.

Mar 30, 2016 02:44 AM
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

U use mostly my pictures. I do post on my pages some pictures of new ''best'' listings with links to the mls tour. 

May 30, 2016 06:21 PM