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Who owns my property photos?

Who owns my property photos? I had listed my house over a year ago, but had it delisted after a month because of a family illness. I'd like to list again and use the same photos. I'd also like to share them on my social media. Do I have ownership of my property photos to use however I want?
Asked By Mike | Pensacola, FL | 210 views | Marketing | 5 months ago
Answer(6)
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Robert Kieffer

RE/MAX Results

(25)

Intellectual rights belong to the person who paid for them. Most likely, the listing agent.
Sander Scott

Key Realty

(20)

Great question, Mike! If you’re looking for more insights on navigating real estate transactions and marketing, be sure to check out my YouTube channel @livintc, where I discuss property marketing strategies and much more. Now, let’s address your property photo ownership situation: Who Owns Your Property Photos? When it comes to property photos, ownership usually depends on the agreement between the photographer, the real estate agent, and the homeowner. Here’s what you need to know: 1. Photographer’s Copyright: In most cases, the photographer retains the copyright to the photos they take. This means that, technically, the photographer owns the images, even though they were taken of your property. Copyright law grants the photographer the legal rights to control how the photos are used, distributed, and reproduced. 2. Licensing for Use: Typically, when you or your real estate agent hire a photographer, you’re paying for a license to use the photos for a specific purpose—such as marketing your home for sale. This license may only cover use during the listing period, so if the listing has expired or been canceled, you may need to renew the license or get permission to use the photos again, especially for a new listing or on social media. 3. Check the Agreement: If you have a contract or agreement with the photographer (or if your agent arranged the photos), it’s important to check the terms of that agreement. Look for details about: Who owns the rights to the photos. How long you’re allowed to use the photos. Where you’re allowed to use them (MLS, social media, etc.). 4. Using the Photos on Social Media: If you want to share the photos on social media, you should ensure that your license or agreement with the photographer covers this type of use. Some photographers may allow this, while others may require additional permission or payment to expand the usage rights beyond listing purposes. 5. Reusing the Photos for a New Listing: If you’re planning to re-list your home and want to use the same photos, it’s a good idea to reach out to the photographer or your previous real estate agent to clarify the terms. Some photographers may allow you to reuse the photos for a new listing, while others may charge a fee for re-licensing the images. Final Thoughts: While you own the property, the photographer typically owns the copyright to the photos. If you want to reuse or share the photos, it’s important to check the original agreement and ensure you have the necessary permissions. If in doubt, it’s always best to ask the photographer directly to avoid any legal issues. For more tips on real estate marketing and managing your home sale, feel free to visit my YouTube channel @livintc, where I cover topics like these in more detail. I hope this clears things up, and good luck with your next steps! Let me know if you have more questions.
Jennifer Cartensen

The Real Estate Agency

(59)

If you purchase them from a photographer, ask the photographer if the fee you paid was ownership rights or use rights.
Joseph Ferrer

LPT Realty

(4)

Depends on who purchased the photos. If you plan to use the same agent, I would speak to them about it.
Bre Rinkema

Real Broker

(2)

Hi Mike! I always put the designation of ownership for photos in my listing agreements. Do you have your former listing agreement that may outline that for you? Did you compensate your agent for the photos when you removed your listing? You could always reach back out to that agent and see if they will release them to you. Hoping it works out for you. Best of luck going back on the market!
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1 Answer
Barbara Nassarian

Atlas Prime Real Estate Inc.

(25)

If the photos were taken by the listing agent, then the firm would have rights to those. Our firm hires a proffessional photographer for best lighting and clear shots. Pictures definately draw the buyers in deciding whether or not to schedule a showing with an agent.

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