Great photos help sell homes, but using the wrong ones can put your listing and your business, at serious legal risk.
Copyright infringement claims tied to MLS listings are becoming more common, and many stem from simple misunderstandings about photo ownership and usage rights. Before you upload images to an MLS listing, it’s critical to understand who owns the photos, what permissions you actually have and how to protect yourself from costly compliance issues.
How to avoid copyright infringement for photos on MLS listings:
- Always have a contract with your photographer. Pay close attention to the type of permission the photographer is granting you, as it could be quite limited. Adding specific language on your ability to upload the property photos to an MLS listing is always best practice. Without a contract, a claim of copyright infringement may be quite difficult to defend.
- Upload only images you own or are licensed to use. Photos copied from websites, social media, builders, prior listings, or other sources are presumed copyrighted and may not be used without written permission from the photographer.
- When in doubt, leave it out! If you are unsure about ownership or permissions, always confirm rights before uploading. Keep in mind that all listing photos are subject to removal and enforcement, and unauthorized images may result in photo removal, fines, or other Metro MLS compliance actions.