Photo Copyright & Image Use Compliance

Photo Copyright & Image Use Compliance

Copyright enforcement related to real estate marketing has increased significantly. Unauthorized use of photos, whether on websites, social media, email campaigns, flyers, or listing materials, can result in lawsuits, fines, takedown notices, and legal demands directed at both individual agents and the brokerage.

This guidance is provided to help protect you, your business, and the company.


What Images You May Use

You are permitted to use images only if you own the rights or have proper authorization. This includes:

  • Photos you personally took

  • Photos you are licensed to use, such as:

    • Licensed stock photography

    • Brokerage-approved marketing images

    • Photos with documented written permission or usage rights

Always ensure you can clearly identify the source and your right to use the image.


What Images You May Not Use

You may not use images that you do not own or have rights to, including:

  • Images copied or saved from the internet

  • Photos taken from Google image searches

  • Images pulled from social media platforms

  • Marketing materials repurposed with photos you do not own or license

  • Professional photography without written permission or a valid license

Even if an image is publicly visible online, it is still protected by copyright unless explicitly stated otherwise.


Using Photos Provided by Homeowners

You may use photos provided directly by a homeowner only if you can reasonably confirm they own the rights to those images.

Generally acceptable examples include:

  • Photos taken by the homeowner themselves

  • Images from personal devices, such as phones or wildlife/trail cameras located on their own property

⚠️ Important:
If the images appear to be professional photography or were taken by a third-party photographer, written permission or a usage license is required—even if the homeowner originally supplied the photos. Using professional images without authorization may still be considered copyright misuse. 


What to Do If You’re Unsure

If you currently have any images you do not own or are unsure about, please remove them immediately.

When in doubt, the safest options are to:

  • Obtain written permission from the photographer

  • Purchase licensed photography for your own use

  • Use photos you personally took

If you cannot clearly confirm usage rights, it’s best not to use the image.


Why This Matters

Copyright claims are actively enforced and often target individual agents first. Taking a few extra moments to confirm image rights helps avoid unnecessary legal risk and protects everyone involved.

If you have questions about a specific photo or need help determining whether an image is compliant, please reach out. We’re always happy to help guide you in the right direction.

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