Photographs and Listing Content
People own the rights to their own images (face) and images of their real estate (home).
Some real estate imaging is in the public domain. Example: The White House and it can be used freely. Private homes cannot be freely used in photographs without permission.
REALTORS/brokerages create copyrighted and owned intellectual property whenever they create original works (e.g. photographs, descriptions, articles, blogs).
SCR forms state permission from owner to broker to use images and descriptions while marketing and advertising. SC license law requires a listing agreement to advertise property.
SCR 210 Exclusive Agency Listing Agreement
SCR 220 Exclusive Right to Seller Listing Agreement
8. OWNER’S Duty:
Owner agrees as follows:
H. To permit Broker to take photographs of the Owner’s property described herein for advertising and marketing purposes in any advertising medium of the Broker’s choice. Owner understands and acknowledges that all marketing materials, including but not limited to photographs, brochures, and websites, developed for the sale of the subject property shall remain the property of the Broker;
MLS uses MLS membership rules so that the broker permits the MLS to use their images and descriptions.
MLS model language on listing content and photos:
Section 11
By the act of submitting any property listing content to the MLS the participant represents that he has been authorized to grant and also thereby does grant authority for the MLS to include the property listing content in its copyrighted MLS compilation and also in any statistical report on comparables. Listing content includes, but is not limited to, photographs, images, graphics, audio and video recordings, virtual tours, drawings, descriptions, remarks, narratives, pricing information, and other details or information related to listed property. (Amended 5/06) M