It might not be the most thrilling part of the job, but keeping up with copyright laws is essential in real estate. Failing to do so can result in serious legal consequences if you’re found using someone else’s work without permission.
In our industry, copyright issues most often come up in relation to listing photos and videos. We continue to see members sharing, reusing, or repurposing images they find on the MLS® System, social media, or elsewhere online.
Unfortunately, this can and has led to actual cases of copyright and trademark infringement.
Join us on April 30 to learn more about Copyright Law & Social Media Use in Real Estate, so you can protect yourself and your business.
What we’re seeing at Member Practice
Online images are being used as listing photos
Why is this a problem?
If a listing agent wants to use photos they haven’t taken themselves, they must have permission from the creator of the photo to use the photos for this specific purpose. Furthermore, the agent has to be able to assign the necessary rights and ownership to other entities (CREB®, Pillar 9™, CREA, etc.) to distribute those photos on data feeds.
If you copy and save an image from Google or another internet site, it’s unlikely you have the necessary ownership or rights to use that photo on the MLS® System. We don’t want members receiving cease and desist letters or demand notices from corporate lawyers because their clients’ logo is in the background of a realtor.ca listing.
True or False: If the photos are on a public site, we can use them, right?
Join us on April 30 to find out.
Images from other listings are being used on new listings without permission
Why is this a problem?
The photographer, the creator of the photo, hasn’t given permission to a different member to use their photo. If you want to use someone else’s listing photos, you need to reach out to that listing agent first.
The listing agent should know whether the photographer permits the photos to be used by someone else or for something else. The listing agent should only give permission to reuse the photos if they are sure they have the right to do so; if they are unsure, they should direct the member to contact the photographer.
True or False: I’ve paid for them, so I can use them however I want.
Lawyer Laura MacFarlane will speak about this at the CREB® Campus on April 30.
Corporate logos in the background of listing photos
Why is this a problem?
Logos can be trademarked. Think of the logo of your favourite hockey team, fast food chain or vehicle brand. Those emblems are registered, and using them requires permission. This is one of the reasons we have a CREB® Rule against using corporate logos in listing photos.
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