legal question re copyright of real estate images
Aug 12, 2013 13:46:20 #
this is kinda weird...a friend of mine is selling her home and asked me to take some pictures for her so of course I did. I went on line to see if she was using them and of course she was...
when i looked at the pictures I noticed a copyright sign and then the word TREND on everyone of my pictures...so can someone tell me what that means, how that happened, and who the heck TREND is.
here is a link to see what I mean...it is in the little blue box lower left.
http://www.coldwellbankermoves.com/property/details/3456048/MLS-6207256/5-Railroad-Place-Pennington-NJ-08534.aspx
when i looked at the pictures I noticed a copyright sign and then the word TREND on everyone of my pictures...so can someone tell me what that means, how that happened, and who the heck TREND is.
here is a link to see what I mean...it is in the little blue box lower left.
http://www.coldwellbankermoves.com/property/details/3456048/MLS-6207256/5-Railroad-Place-Pennington-NJ-08534.aspx
well its a photoforum so might as well post a photo
Aug 12, 2013 13:49:59 #
RiverNan wrote:
this is kinda weird...a friend of mine is selling ... (show quote)
Congratulations, you've just had your photos stolen.
Trend is a Multiple Listing Service in the Philly area.
https://www.trendmls.com/Default.aspx
Aug 12, 2013 13:59:32 #
Well Ill be....
first of all thank you for your very quick response.
second of all do I have any rights in this matter...
the pictures are still mine...YES????
and third of all should I for now
and forever sign all my images?
first of all thank you for your very quick response.
second of all do I have any rights in this matter...
the pictures are still mine...YES????
and third of all should I for now
and forever sign all my images?
Wall-E wrote:
Congratulations, you've just had your photos stolen.
Trend is a Multiple Listing Service in the Philly area.
https://www.trendmls.com/Default.aspx
Trend is a Multiple Listing Service in the Philly area.
https://www.trendmls.com/Default.aspx
Aug 12, 2013 14:01:17 #
© 2013 TReND, All Rights Reserved Seems to be in every listing photo they have on that site.
TReND Real Estate - Find Homes in TReND at REALTOR.com
TReND Real Estate - Find Homes in TReND at REALTOR.com
Aug 12, 2013 14:07:58 #
RiverNan wrote:
this is kinda weird...a friend of mine is selling ... (show quote)
Did you explicitly give up your rights when you gave your friend the photos? If not, I'd send a bill to the Realtor and explain that letting your friend use your photos was not in anyway as release for them to put their copyright mark on your photos. I wouldn't hold my breath, but if you have any attorney friends who would put their letterhead on such a request for payment, you might get lucky.
While it is easier to make a claim stick if you had registered your work before the infringement, it is still possible to collect. First submit copies to the copyright office with a request to expedite your request pending litigation. As soon as you get confirmation of the copyright registration, then threaten legal action if they don't pay for the use of your images. That alone could make them more willing to pay up rather than face the expense of going to court.
http://www.copyright.gov/help/faq/faq-infringement.html
Aug 12, 2013 14:08:39 #
Would appear that they are indicating that they have copyright to the SITE and the TOOLS displaying your photos, and how they are used.
This is to prevent other Real Estate companies from stealing those photos, etc if the house should be listed with someone else.
HOWEVER, unless you signed away all rights, you still own the copyright to all your originals unless you did it under contract with the realtor or the MLS group.
This is to prevent other Real Estate companies from stealing those photos, etc if the house should be listed with someone else.
HOWEVER, unless you signed away all rights, you still own the copyright to all your originals unless you did it under contract with the realtor or the MLS group.
Aug 12, 2013 14:09:28 #
RiverNan wrote:
and third of all should I for now and forever sign all my images?
I would say yes, if you're letting them be used by others. And preregistration would be a good idea before you let them go as well.
Aug 12, 2013 14:09:30 #
RiverNan wrote:
Well Ill be....
first of all thank you for your very quick response.
second of all do I have any rights in this matter...
the pictures are still mine...YES????
and third of all should I for now
and forever sign all my images?
first of all thank you for your very quick response.
second of all do I have any rights in this matter...
the pictures are still mine...YES????
and third of all should I for now
and forever sign all my images?
1) There has been a spirited discussion over the weekend about image theft from a hogger by another hogger.
2) Maybe. What was your arrangement with your friend? Were you to be given credit? Or did you just 'give' them to her to do whatever it took to sell her house?
That being said, the MLS has committed a violation of the DMCA (Digital Millenium Copyright Act) by stripping the EXIF data.
http://www.plagiarismtoday.com/2006/04/26/cmi-copyright-managent-information/
3) Can't hurt. Anything I post on the web has my copyright mark and website ON the image as well as IN the file.
Aug 12, 2013 14:10:03 #
take the s off the http:
http://www.trendmls.com/Default.aspx
if she paid for them i THINK she owns them.
i'd watermark the next ones.
http://www.trendmls.com/Default.aspx
if she paid for them i THINK she owns them.
i'd watermark the next ones.
Aug 12, 2013 14:11:16 #
RiverNan wrote:
this is kinda weird...a friend of mine is selling ... (show quote)
I would contact my friend and politely explain thai it appears that her MLS has usurped your copyright on the images and ask her to remove the photographs from the site.
Aug 12, 2013 14:12:39 #
Wahawk wrote:
This is to prevent other Real Estate companies from stealing those photos, etc if the house should be listed with someone else.
Interesting concept, I stole these photos, so don't you be stealing them from me! :?
Amazing the double standard there isn't it? I put effort into this website so I claim copyright, but I'm not above using someone else's work without just compensation, and claiming copyright to that also.
Aug 12, 2013 14:12:47 #
Aug 12, 2013 14:14:28 #
the Scottsman wrote:
Call a real estate lawyer to see if you have any recourse.
You mean an Intellectual Property Rights lawyer.
Aug 12, 2013 14:18:55 #
I believe you did what you did. You took pictures for a friend to sell her house, she listed it and used what you gave her. The listing agent, put there copy right on to protect her interest and yours. Should they try and sell those photo's or use them in any other matter, would be a matter for you concern.
Aug 12, 2013 14:19:29 #
dirtpusher wrote:
take the s off the http:
http://www.trendmls.com/Default.aspx
if she paid for them i THINK she owns them.
http://www.trendmls.com/Default.aspx
if she paid for them i THINK she owns them.
Nope! Not unless RiverNan was an employee of her friend, even if paid to shoot the photographs, unless a contract states that she transferred the copyright, she still owns that copyright. Just like software, you pay to use it, but the developer still owns the copyright, it's the same thing. Most wedding photographers are the same way, you may hire them to shoot your wedding, but they do not relinquish the copyright to their photos, therefore you're supposed to go to them for more copies.
Copyright is never relinquished unless done so in writing by the owner. If working for an employer then those images belong to the employer from the start, so a company photographer, never owns the copyright of photos taken while doing so as an employee of another.
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