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I was very surprised when an agent I hired to list our house intended to use the pictures from the previous listing.
I was surprised, but I didn't know any better.
On a side note... If I have a listing Cancel or Expire I remove all photos from the MLS. No use letting anyone else use what I paid for.
I don't.
I want people to see that the photos are NOT why the house didn't sell.
But, if I have a listing get relisted by another agent, sure, I check the photos to see that they are not mine.
Just to play devils advocate, why do you think you own the photos? You performed a service to sell a property, during which you took photographs (or hired it out). The property was sold and you were paid for your services. Technically you might say that the seller owns the photos. Today, with so many easy ways to obtain decent photos, particularly of public or common areas, a person could go back to the exact same spot you shot from and get a half-way decent, reasonably similar photo to use, but why should they?
Just to play devils advocate, why do you think you own the photos? You performed a service to sell a property, during which you took photographs (or hired it out). The property was sold and you were paid for your services. Technically you might say that the seller owns the photos. Today, with so many easy ways to obtain decent photos, particularly of public or common areas, a person could go back to the exact same spot you shot from and get a half-way decent, reasonably similar photo to use, but why should they?
The person who creates the image has the copyright - it's automatic and air-tight under the law, and the same goes for the witty, wonderful and unique text used to describe the property. The seller doesn't have any right to use that unique creation for their own personal gain without compensating the artist, any more than a stranger does - I.E., they can't legally "fire" the artist and continue to benefit from those creations without compensation. If it's so easy to get great photos, then they're free to do so.
My personal experience has been that awesome photos (and lots of them) are well worth paying for. I think it's easier for everyone to understand if the agent is actually hiring a pro to do the photos - photography is both a trade and an art, and professionals expect to pay other professionals for their work.
Saying that "anyone can take photos, so therefore I can use other's photos" is just as silly as claiming that "anyone can fill out a 1040EZ, therefore, I shouldn't pay H&R block for doing mine".
Just to play devils advocate, why do you think you own the photos? You performed a service to sell a property, during which you took photographs (or hired it out). The property was sold and you were paid for your services. Technically you might say that the seller owns the photos. Today, with so many easy ways to obtain decent photos, particularly of public or common areas, a person could go back to the exact same spot you shot from and get a half-way decent, reasonably similar photo to use, but why should they?
I have no problem with someone else skipping dinner or a soccer game with their family and duplicating nearly exactly my magic hour curb shot.
They own that photo that they took, and I would not consider stealing it. Their effort, creativity, and time need to be protected.
Just like my effort, creativity, and time.
They should do it to get the product that they want, just like I did.
Yeah. That was pretty much my plan after I got the response from MLSPIN.
Quote:
Originally Posted by Rakin
On a side note... If I have a listing Cancel or Expire I remove all photos from the MLS. No use letting anyone else use what I paid for.
The images in this case were stolen from a SOLD listing. Do you also remove photos from sold listings?
Quote:
Originally Posted by MikeJaquish
I don't.
I want people to see that the photos are NOT why the house didn't sell.
But, if I have a listing get relisted by another agent, sure, I check the photos to see that they are not mine.
What he said.
Quote:
Originally Posted by luv4horses
Just to play devils advocate, why do you think you own the photos? You performed a service to sell a property, during which you took photographs (or hired it out). The property was sold and you were paid for your services. Technically you might say that the seller owns the photos. Today, with so many easy ways to obtain decent photos, particularly of public or common areas, a person could go back to the exact same spot you shot from and get a half-way decent, reasonably similar photo to use, but why should they?
You might say that, but if you did you would be incorrect. Legally, I own the images because I created them. Also, if you hire out the photography you usually get a limited license for specific uses. So, in almost every case the rights to the image remain with the person who created them. In this case, I was the photographer so I own all rights to the images.
If another agent wants to invest the time and money into the craft of photography that I did or to hire someone who has to create comparable images then I would applaud that person because they would be doing what's right for their client. Creating images of similar quality is a whole other matter. I'm talking about theft of an image. I added some text on to the images which could clearly be seen when they were stolen.
Anyway, your other point is a completely different conversation. Yes, photographic technology has improved leaps and bounds improving greatly the results an amateur photographer can get. Heck, you can get great photos with your phone. However, phones and point and shoot cameras still cannot perform as highly as a DSLR. Plus, it's not so simple to just sit down and start using Photoshop either.
1. Print the listing now, for proof.
2. Report it to the MLS
3. Follow through and make sure that the agent is fined
4. If you're angry enough, report the agent to your state real estate commission for theft.
We had a professional photographer take exquisite pics of a multi-million dollar house. We have a use agreement with her for marketing, etc. of the property, and as an example of a past sale, etc. Imagine our surprise when, after it sold, an interior decorator who had worked on the house suddenly slapped the photos all over her website. We notified the photographer, who contacted her and sent her a sizable bill. The decorator basically told her to get stuffed, that the owner of the house had given her permission to use the photos. Our photographer explained to her that the owner didn't own the photos, the photographer did, and that we were the only ones who had the rights to them. The decorator asked her, "so what are you going to do about it?" The photographer just smiled, and her lawyer husband send her a cease-and-desist letter. After a couple of weeks of ignoring the cease-and-desist, the decorator got a knock on her door and was served notice of a lawsuit for copyright infringement and a few other things. She ended up settling for about 5 times the amount of the initial bill -- plus court costs. :-)
Kinda warms my heart every time I think about it. :-)
I like this too. As a landlord I always respect copyright issues. In some cases previous Realtors have granted permission after my Realtor requested it.
Ask first. Accept "no" as an answer, but don't be that surprised if your fellow Realtor allows it (perhaps as a professional courtesy).
Realtors work best when they have good relationships with their fellow Realtors. Remember that in most areas you will encounter the Realtor on the other side of the table multiple times. Work with them, not against them. We clients really appreciate that.
My photographer watches the new listings for homes he photographed in the past. If they are his pictures, he sends a bill. The agent that steals someone else's pictures without permission is unethical.
Location: Formerly Pleasanton Ca, now in Marietta Ga
10,352 posts, read 8,578,998 times
Reputation: 16698
Quote:
Originally Posted by dblackga
1. Print the listing now, for proof.
2. Report it to the MLS
3. Follow through and make sure that the agent is fined
4. If you're angry enough, report the agent to your state real estate commission for theft.
We had a professional photographer take exquisite pics of a multi-million dollar house. We have a use agreement with her for marketing, etc. of the property, and as an example of a past sale, etc. Imagine our surprise when, after it sold, an interior decorator who had worked on the house suddenly slapped the photos all over her website. We notified the photographer, who contacted her and sent her a sizable bill. The decorator basically told her to get stuffed, that the owner of the house had given her permission to use the photos. Our photographer explained to her that the owner didn't own the photos, the photographer did, and that we were the only ones who had the rights to them. The decorator asked her, "so what are you going to do about it?" The photographer just smiled, and her lawyer husband send her a cease-and-desist letter. After a couple of weeks of ignoring the cease-and-desist, the decorator got a knock on her door and was served notice of a lawsuit for copyright infringement and a few other things. She ended up settling for about 5 times the amount of the initial bill -- plus court costs. :-)
Kinda warms my heart every time I think about it. :-)
As a Professional photographer-Love it x2!
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