You don't need permission to use the photos taken and published by another, usually the listing, agent.
You need WRITTEN permission. This is basic copyright law.
It's also a good idea to review the MLS rules in your area. They do differ. Some MLSs retain a limited copyright on photos used in listing reports. Of course, the agent who listed the property and took the
listing photos owns the copyright to those photos.
I believe that an agent who would use the photos belonging to another person would ignore other or all rules and regs that didn't suit them.
It's simple opportunism.
Fellow Agents Who Use Your MLS Pictures Without Permission!
So here we go again on this topic of others using our MLS pictures for their own listings. We have had enough of dealing with the other companies who freely use our materials. Having one of your fellow agents whom you just did a deal with is really frustrating!
You simply cannot tell me that any agent would not inherently KNOW that using another agent's pictures without their consent is wrong, wrong, wrong! One could liken this to going into another agent's office and simply taking something off of their desk and keep it as their own.
I just closed a transaction with another agent who then turned around and put the home on the market for lease using every single picture that I paid for and used in my marketing. I found out by accident when my clients who were the Seller's informed me of this. As you can imagine, I was furious.
I have had other agents call and ask me if they could pay me for the use of the pictures which is the RIGHT thing to do. This agent however, has yet to call, offer to pay or even apologize. Hmmmm, can't imagine that this agent would be appreciative of me doing the same.
I will be contacting her Broker, our local MLS board and I am seriously considering filing an ethics complaint. I would love to hear from my fellow Active Rainer's on this topic. What would you do?