Listing Photos

COPYRIGHT... Please be advised If your photo agreement has language like this, the photos may not be placed in NEFMLS "Photos may be uploaded to any MLS listing service solely for promotion of the Property during the pendency of this Agreement."This language prevents photos from being used in CMA's, Sold and other historical listings as well as any third party applications NEFMLS contracts for or that you purchase.

Instead you need to execute a "Work For Hire" agreement that provides you an "unlimited right to use license"  NEFMLS can not defend your copyright or that of your photographer unless NEFMLS is assigned that license.

NEFMLS Rules and Regs 

"By the act of submission of any property listing content to the Corporation, the Participant represents that they have been authorized to grant and also thereby does grant authority and license for the Corporation to include the property listing content in its copyrighted multiple listing service compilation, statistical report on comparables and to otherwise use all or part of the data as the Corporation desires. Listing content includes, but is not limited to, photographs, images, graphics, audio and video recordings, virtual tours, drawings, descriptions, remarks, narratives, pricing information, and other details or information related to listed property."

Listing Agreement

"SELLER hereby grants to NEFMLS, NEFAR and BROKER the unlimited right to license, use, publish, reproduce, compile, distribute, store, disseminate, sell and license to others all text, graphics, photos, videos, virtual tours, documents and any other types of data entered into the NEFMLS system. SELLER hereby releases and assigns to NEFMLS, NEFAR and  BROKER all of the SELLER’S interests in all intellectual property rights therein, and SELLER agrees to indemnify and hold them harmless from all losses, damages, costs, and expenses, including reasonable attorneys’ fees, which may be incurred because of third party claims concerning intellectual property rights, which indemnity and hold harmless will survive performance of this Agreement by BROKER, termination of this Agreement and the closing of the sale of the Property"

The National Association of Realtors has a good example of what a Work for Hire contract with a photographer may look like-click here.

Always double check the licensing when using photos you have not taken yourself and never attempt to copy a photo that does not belong to you.