Fellow Agents Who Use Your MLS Pictures Without Permission!

This is always a touchy topic.  How hard can it be to take pictures of a vacant property for a rental?  The agent probably didn't want to take the time to take the pictures or pay a photographer.  Since you had just sold the house, the house was probably in the same condition.  What if the pictures were older? Do the older pictures truly portray that same property?  Also, your sellers agreed to the pictures of their belongings in their home as a means to sell the property, not to advertise for another agent.  You have to wonder if  this agent would give permission for another agent to use "your" pictures,  portraying these as "hers" to the next agent?  You are right to be upset.

Hi Paula. This happened to me once. I called the agent and he said he thought the owner owned the pictures. Nope. He took them down at once.

Paula, I'm hoping this was a new agent and didn't know any better. IMHO, whether it is OK or not with your local MLS, using someone else's photos from MLS is wrong! Period..Just get off your seat and take the photos, we owe that to our clients.

You asked..."what would you do"? I answer....nothing. From there, you can do many things but why would you want to? What is the gain to pursue? Choose your battles for time and energy are precious. In time, all wrongs will be righted

Paula, this is no only happening where you are but all over! At a recent MLS committee, this very thing was discussed. Not only are some of the agents using "stealing" pictures, but comments as well. They just copy and paste. A lot of the violators will go through the expired or sold listing and shop.

I only use other other's photos when I do BPOs that require the MLS pictures of comps (front view).  I have not caught anyone using my photos in their listings but if I did I am not sure what action I would take beyond calling and requesting removal, attribution in their narrative with my contact information or payment.

Like pretty much everyone else said already, I'd call/email the agent and if I didn't get a response then I'd contact he broker. It's a fineable offense in Arizona. I'm not sure what other slap on the wrist you get. 

I understand that your photos are a work of art, thus copyrighted to some extent. If you purchase them from a photographer, you own them. Problem is, for my MLS, that once you upload them to the MLS, now that are owned by the MLS. So I'd call my MLS to find out what the rule is about your photos being used by someone else.

Then perhaps send an official letter to the culprit, with copy to his/her broker, copy to the owner of the brokerage company, copy to your state & local associations, and finally copy to the your Dept of real estate, and a copy to the owner of the property in question, as a notice that you own those photos, cease and desist usage at once, that these are stolen or used without permission or else. And finally a recommendation that he/she take his/her own photos and not be a lazy butt head (ok, skip this last part).

Paula it's always good to re-visit this subject from time to time. Most agents in my area know that it could cost them money if they steal other agents pictures off the MLS. I don't see it often anymore - like I used to years ago.

If I were a citzen and wanted to rent that property they should link to your images found on Zillow. Then they would encourage you to go pound sand.

If  an agent, not a member of the MlS would link to your zillow images and direct you to go pound sand.

If  an agent and a member of the MLS, there is very litttle you can do except complain, So..well you know what you can do.

So WHAT SHOULD YOU DO?

Your mls, your associatioin, your brokerage your franchise, the NAR have demonstratted they will not protect your data. 

You need to take what ever action needed to protect yourself. If you think pleading Copyright is how you must protect yourself...well good luck with that. The PROBLEM IS THOSE WHO ARE SUPPOSED TO PROTRECT YOU ARE SELLING YOU OUT.  Focus your energies there.

Several agents have walked past my sign in a front yard to socicit a homeowner for the listing. The owner kept all the material presented. Agents caught red handed violating the most agression transgression. No action taken by those who like the wave the 'CODE OF ETHICS' banner.

Don't be nauive. Protect your IP using what ever means necessary. My suggetion is to posion your product is such a way that allows YOU to leverage the collateral of the low life that steals your stuff.

Other wise...you are just going to be punding sand.

They do it because they don't think before acting. They just do whatever the hell they wanna do and figure the world revolves around them and what is wrong with you for wanting to keep your own photos anyway . . . because they are flipping idiots.

What you are planning to do is correct. If more of us took the time to report offenders who pay a penalty for offending, there would be fewer offenders. I've done this moe than once. And not just picures... I've had agents steal my floor plans, property descriptions, etc. I've gotten to the point where I remove a lot of that from mls as soon as the property closes.

Paula McDonald I would call the agent's broker. If the agent is new they might not know any better. I once had someone use my floor plan in their marketing materials. Funny how they kept my company's name on the drawing.

Paula -- JUST had it happen to me last week. I contacted my MLS and they told me they would contact the agent as it was an infraction for an agent outside of the same listing brokerage to do that. Since I vaguely know the agent, I decided to personally ask him to remove the pics as they were MINE and very clearly so.  He responded quickly and removed quickly.  I felt keeping good relations was more important (to me) than going after him as I was first advised to do. It's over and done...

If I take the pictures myself, I don't have a problem with it, I am not proprietary. If a professional photographer did it they often will object. If I was the next REALTOR® depending on how long after the sale the pictures were taken, I would be worried about misrepresentation.

Several times this year have been asked to use my photos and I say yes. It would only bother me if someone did not ask.

This is one reason why I remove all pictures from a listing as soon as it expires or is withdrawn.  Sometimes, even if it sells.  

Why don't you do what they sarcastically proposed in an episode of Million Dollar Listing LA.  Send the photography bil to the other agent!

we put our web info on each pic. but we will start watermarking, better idea. covers more of the picture. im not so sure this is such a infraction in this particular case, ?? the buyer is leasing it out.. wasnt your money paid off in the purchase? it would have been nice, but im not sure how a court would rule in this case. the new buyer is using them for financial gain, but in the purchase of the house, im not sure the images of their new possession isnt in fact part of it. i know mls and nar are against it, but im not sure if this has been litigated??