$81 Million Copyright Lawsuit over Photos on Zillow

If you haven't read the following article, be sure to read it now. Then read on to see how you can safeguard yourself against any issues.

https://www.floridarealtors.org/NewsAndEvents/article.cfm?p=2&id=371634

While this is in the early stages and at this time only impacts Zillow, think of what or who is next.  Maybe the MLS, then the brokerage, then the agent?

Always be sure to have licensing rights for any photo(s) you are planning to use on your listings. You must have the right to reproduce, create derivative works, and distribute the photo(s) prior to entering it in the MLS system or using on advertisements.

How can you be sure?

• The best method is to Take your own photos.

• Sellers may have photos they would like for you to use when marketing their house. First, verify who took the photos. If the seller took their own photos be sure they understand that the photos will be used in the MLS and any IDX or syndicated website (as stated in paragraph 5C.7 of the Listing Agreement).

• If the seller hired a third party to take the photos, please be sure the seller has been granted the unlimited licensing rights to reproduce and distribute these photos prior to you using them.

• If you are using a professional photographer, be sure you have been granted unlimited licencing rights.  You can find NAR's suggested contracts to use with professional photographers under Forms/Info in Flexmls.

• Usage of “stock” photos from the Internet (such as Getty Photos etc.) to show a beach scene or a horse ranch is discouraged. You must read and thoroughly understand the terms of use for these types of photos before using them; which can be very complex.

• Never use another listing's photos without written permission from the Listing Broker or whoever holds the rights to the photo.

We, at the MLS, are also careful about the source of the listing photos. While we allow members to
copy photos from their own previous listing, we will not transfer them if there has been a change in
listing brokerage without written permission from the previous listing broker.

If you have any questions, please contact us at 904-394-9494 (x 1603).