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Hijacked Photos...What can I do?

By
Real Estate Agent with Coldwell Banker Bullard Realty

After finding out that my MLS photos had been stolen by another agent, I went on the hunt for this post by Roberta Anderson.  I had hoped that this would shed a little light for me and hopefully answer my questions, but really it has only made me think more about it.

Yes, I agree that IF the Homeowner/Agent pays for the services of a Stager, then perhaps, ownership of the photos should remain with the Homeowner/Agent. 

I take my own photos, and charge nothing up front for doing so.  It's just part of the job.  I make nothing until the home sells and usually spend hundreds of dollars on advertising before receiving a check.  It sickens me when I lose a listing for any reason.  Most of the times, it is for reasons that I have no control over.  This particular listing was a hard sell to begin with, and I knew that going in.  It is the nicer home in a small subdivision that was built by a builder with a bad reputation.     

The Homeowners actually listed the home with me twice.  They took it off of the market for a few months the first time that it expired, then they called me last Spring to list again.  It expired again, and they have had it off the market for another 6 months waiting for the market to recover some.  This morning, I noticed that it is back in MLS with a different agent now, and they are using MY photos. 

Knowing how much time, money, sweat, tears, and effort I put into this home, it REALLY angers me that another agent would be so LAZY as to use my work, instead of getting up off their a$$ and doing their job. 

Do the homeowners know that they have a hired a "lazy" agent who won't even take the time to drive out of town to take pictures of their home? (Yes, I think I failed to mention that the new listing agent is from out of the area)  

How do you handle this?  What do you do?

 

UPDATE:  This is what MLS terms of use says:

The copyright in all material provided on this Site is held by Georgia MLS or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Georgia MLS or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not, without Georgia MLS's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Stephen D White, E-Pro, ABR Cape Cod Real Estate
SDW Realty of Cape Cod - Falmouth, MA

Kristal I had the same thing happen to me. But if you look at it this way you may feel better. If they are using your photos which once put into MLS are public property, you should feel that they like your photos and are using them because they are good and they didnt need to take other photos. You could in the future put your brand name or date on the photos so someone else wouldnt want to use them. It is always nice if someone is going to pull your pics to ask you first of course!

 

 

Cape Cod Realtor sdw1

May 14, 2008 11:47 AM
Mary Strang
Viroqua, WI

Really, after reading so many posts on this subject, I have decided it's time to delete all my photo on our MLS prior to expiration, and re-upload them if I get the listing extended. I think I will do the same for sold, except I will leave one photo of the front for CMA's and appraisers.

May 14, 2008 12:45 PM
Eric Lee
Realty Executives - Phoenix, AZ
e-PRO, SFR - Phoenix, AZ

I'm not sure of the legal ramifications where you are - the AZ Regional MLS expressly forbids re-use of a prior listing's pictures without permission. I would threaten the other agent with a complaint to the MLS, an ethics violation and a lawsuit. I have either taken the time to learn how to shoot good photos or have paid a good sum of money to have them done professionally (BTW, that raises another issue - does the other agent have a license from the photog?) and I'll be damned if I'm letting some lazy slacker ride my coattails. I'll go one further - if the property sells with the other agent, I may pursue a cut of the commission. I've never had any of these come up so I'm not completely sure how I would react.

I have also started removing my photos from expired or cancelled listings just to avoid these situations and usually make it clear in the listing that I have removed the photos.  . . .

May 14, 2008 03:30 PM
David Holzmann
Holzmann & Associates - Mountain View, CA

It seems like I read a comment here on AR about a similar situation, but the commentor suggested replacing the photos with either another property or something funny (such as a donkey) as soon as the listing expired.

May 14, 2008 03:41 PM
Kristal Reid
Coldwell Banker Bullard Realty - Zebulon, GA
Zebulon, GA

Eric - I am so glad to know that others feel as strongly about this as I do! 

David - I love those ideas!  I may have to start using them!!

May 15, 2008 01:10 AM
Michael Cole
CPG Tours - Corona, CA

I’m with Bryce. Your MLS may have rights to use your photos, but they don’t have the right to give them away. In fact, the terms you show from your MLS support your position.

Do you have an attorney friend that could send them a ‘Cease and Desist’ letter? That would get their attention.

For the folks talking about adding your logo to your photos, I would highly suggest taking to your MLS before you do. Most every MLS group I’ve seen doesn't allow any branding whatsoever. And a lot of them will fine you for violating that rule.

May 15, 2008 01:17 AM
Sabrina M. Weeks
FOOTHILLS OF THE SMOKYS REALTY - Cosby, TN
Realtor - Pricipal Broker/Owner

THIS HAPPENS A LOT, YOU ARE RIGHT THEY SHOULD GET UP OFF THEIR RUMPS AND GET NEW PICS,AN AGENT WORKS VERY HARD WITH UPDATES AND PICS, HOW DID THEY GET THEM FROM YOUR MLS LISTING, ONLY WE AGENTS HAVE ACCESS TO THEM? I CHANGE MINE ROUTINELY,MY  MANAGING BROKER DOES NOT EVEN MESS WITH MY PICTURES.

May 16, 2008 02:56 AM
Richard Weisser
Richard Weisser Realty - Newnan, GA
Richard Weisser Retired Real Estate Professional

Kristal...

If you take the photos, they are yours. However, once you submit them to a public site, you must abide by the terms of use. In many cases, you could forfeit your rights, so you have to be careful.

That being said, tell the other agent that you will sell the rights for $500. Send a certified letter saying if they are not removed by a certain date, that the agent agrees to the fee. That will usually take care of it.

May 17, 2008 01:12 AM
David Holzmann
Holzmann & Associates - Mountain View, CA

Kristal - any progress on this one?

I had another thought that's not quite as confrontational as what I'd read previously... When taking pictures, take one of the Sellers.  Then, when the listing expires, replace the pictures of the property with a picture of the Sellers.  It's still promoting them, but another agent won't be able to use that for selling the property.

May 17, 2008 02:10 AM
Steve Scheer
Realty Oasis - Metro Brokers - Highlands Ranch, CO
Highlands Ranch Real Estate - Denver Real Estate

I would be curious to hear how this has turned out.  Did she ever replace them with her own photos?

May 17, 2008 11:39 AM
Kristal Reid
Coldwell Banker Bullard Realty - Zebulon, GA
Zebulon, GA

Steve - As of today, my pictures are still being used.  We'll see what happens in the next week.

David - That's not such a bad idea!

 

May 17, 2008 11:44 AM
COMPASS PALM SPRINGS | Stewart Penn
COMPASS - Palm Springs, CA
COMPASS Palm Springs - Broker Associate

Kristal - I've seen an Agent in Los Angeles advertising other Agent's listings and photos on her website, as "Featured Properties". This is obviously illegal and unethical, creating the false impression that these listings are all hers.

Furthermore, she has a Salesperson's License with the DRE and not a Broker's License, yet her website advertises her business name using her own name, which is not permitted by the DRE (unless she passes the Brokers Examination). She would need to advertise under her Brokerages name since the DRE rules state that a Salesperson cannot create the impression they hold a Broker's license.

There are unscrupulous agents out there.

May 17, 2008 12:03 PM
Debra Kukulski, Broker Associate
RE/MAX Suburban - Cary, IL
SRES;SFR,CDPE;GRI;ABR;e-PRO Realtor, Northern IL

Kristal, good luck on this.  We have a HEFTY fine in our Northern Illinois MLS for "using" another's photos.

May 18, 2008 02:45 AM
Margaret Hokkanen
SurfTheTurf.com, Inc. - Carlsbad, CA
→ Carlsbad Real Estate

Copyright is held by the photographer. The contents in the photo (e.g., staging) don't affect that general proposition as far as I know.  Usually a voicemail to the offender solves the problem, especially when it's dealt with in a matter of fact kind of way: "Hi, this is X, and I'm calling because you're using my photographs without licensing them and they are copyrighted.....etc."  The worst situation that we've experienced was someone who published our photos on her brochure.  In that situation, I called the brokerage manager, explained the situation, asked the manager to discuss copyright infringement with the agent, and obtained the manager's consent for the removal of all the brochures from the flyer box.  The agent said, "I didn't think you would care."  Funny, we didn't get a phone call asking whether or not we cared.

MH

May 18, 2008 11:45 AM
Kim Peasley-Parker
AgentOwned Realty, Heritage Group, Inc. - Sumter, SC

Our MLS considers photos loaded to their data base their property.  I have spent a lot of time taking photos and putting them in our MLS.  I have actually gone into the system and deleted all interior photos when the listings were kept by a former broker.  (It is a long story and what happened was not right or fair and down right dirty.)  So before another agent could get the photos, because I knew they would be considered property of the MLS.

May 18, 2008 12:42 PM
Gregory Storm
www.LAHomePhotography.com - Los Angeles, CA
Real Estate Photographer

Loading photos onto the MLS does not transfer copyright or ownership to the MLS.  That would be absurd for any MLS to assume that position.  If that were the case, then there would be nothing stoping them from creating a huge stock real estate photo library to sell and make money of the usage and licsensing of the photos.

Copyright stays with the person who shot the photos.  In this case that would be you.  You are only granting them a license to use the photos for the specific purpose of marketing the property.

The reponse from the agent shows their lack of professionalism and that they have no clue about copyright infringement.  The easiest way to handle this is to send them and bill for using the photos.  If you had paid $250 for these photos out of your pocket to market the house, why should this new agent get them for free.  If this agent does not feel like paying, send an e-mail to the MLS to have the photos removed.

Good luck!

Gregory

My first post!  Whoo-hoo!

Jun 07, 2008 01:21 AM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Some boards like yours actually are supposed to protect the intellectual property of your photos, and not allow another agent to use.  Contact your board and they will contact the other agent and perhaps fine them and revoke their membership.

Jun 07, 2008 01:38 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Kristal,

I don't know if you ever resolved this problem.  I'd be curious to know.  Happened to me a couple of times and now when I have a listing expire I go IMMEDIATELY and pull the photos from the listing.  If they relist with me, fine, I can put the photos right back up.  If they list with someone else, they can take their own pictures.  I did.

Sep 28, 2008 03:47 PM
Simon Conway
Orlando Area Real Estate Services - Orlando, FL

It all depends on your MLS. SOme MLSs claim ownership of anything that is published on them which means it would be theft (although I don't agree with that). When it has happened to me I have gone straight to the broker.

Sep 28, 2008 04:42 PM
Lori Bonicelli
Bonicelli Design - Marietta, GA

I take a lot of pictures of the neighborhood amenities that most agents just skip by so I see my "clubhouse" pics stolen all the time.  I LOVE the comment by Lee... "They can remedy the problem by paying the enclosed invoice."  

I will get that ready...

Oct 17, 2009 07:40 AM