REALTORS^® often use photographers to take and edit photos of their listings before uploading them onto the MLS^® System.

This process, however, can create some confusion about who owns the photos. To help demystify this topic, CREB^® Member Practice has provided members with some insight and best practices when it comes to copyright and photographs on the MLS^® System

Who owns copyright?

The Copyright Act (as amended) states that:

“The author of a work shall be the first owner of the copyright”.

The Act does not define what constitutes an “author”; however, the term generally refers to the person who creates the work in question.

Who owns photo copyright?

In the case of a photograph, the photographer is usually the author and, therefore, the owner of the copyright, unless an agreement states otherwise.

Keep this mind if you intend to re-use photos for commercial purposes other than originally intended. Technically, the owner of the photograph could bar anyone from reproducing them or using them for any other commercial purpose without their express permission. In fact, as the owner of the copyright, they could decide to use them for any purpose of their choosing.

Who owns photos on the MLS^® System?

CREB^® rules recognize that the original owner of a photograph belongs to the member who first posted them on the MLS^® System.

It is common that other REALTORS^® may want to use MLS^® System photos for other promotional purposes or to relist a property, but if another member wishes to reuse those photos in any way, they must first receive written permission from the original owner – the first listing agent.

Best practices for REALTORS^®

In a situation where CREB^® Rules conflict with the Copyright Act (as amended), the Copyright Act takes precedence.

It is, therefore, best practice that REALTORS^® clarify the terms and conditions of the commercial use of photographs with their photographers – preferably in written contracts – well before the commission

Remember, using a photograph to market a property on the MLS^® System implies that you own the copyright of the picture or have authority to use it in such a manner. CREB^® Member Practice advises that members limit their liability and risk by having paperwork that proves ownership.

If you have any additional questions about this topic, please email CREB^® Member Practice at crebmp@creb.ca.