Using Photographs From the Internet

BROKER RISK MANAGEMENT

WEEKLY PRACTICE TIP

Using Photographs from the Internet

Q:   I was creating my own website for my real estate business and saw a photograph on the Internet that I liked and used that photograph on my website.  I now have gotten a letter from an attorney for a company claiming that they own the rights to this photograph and they want me to send them some money.  I didn’t see anything that said the photograph was protected.   Can they do that?

A:  It is dangerous to assume that any photograph, image or video is NOT copyright protected.  Most photographers’ contracts state that they own the images and the person who paid for them has a limited purpose use of them, but not an unlimited use.

On the Internet, several large companies (and many small companies and photographers) imbed copyright protection data in the image that cannot be seen but which can be detected with software.  So, an image may be owned by an individual or corporation and, even though a limitation on use may not be readily evident, its use may result in a claim of a violation of their rights. 

There are a number of free library images online, and are advertised as such.  In addition, a number of aggregators of these images sell subscriptions to their catalogue which allow the subscribers to use their images.

PRACTICE TIPS

1.  Do not use photographs from the Internet unless they are from a source clearly identified as free to use, or you have received written permission from the owner of those images to use them.

2.  If you hire a vendor to help you set up your website, be sure that your contract states that the vendor has the legal right to add the content, and holds the vendor responsible for any content that they add to your site.

3.  Do not use MLS photos from previous listing brokers because either that broker, or the photographer who took them, will likely claim ownership.

4.  The above, of course, applies to copying text from another source into your site, blog, etc.  Basically, there are common law copyrights in prepared text, and the text does not have to contain the copyright © symbol to have copyright protection.  And, it is easy to find copied text with a simple Google search.

DO NOT FORWARD TO CLIENTS.  This Weekly Practice Tip is for the exclusive use of clients of Broker Risk Management and their agents.  It may not be reproduced or distributed without the express written consent of Broker Risk Management.  The advice and recommendations contained herein are not necessarily indicative of standards of care in the industry, but rather are intended to suggest good risk management practices.