📸 BIC Tip #1069: Photos Can Get You Fined
That perfect listing photo might get you clicks — but it could also get you fined.
In the real estate world, image use isn’t just about marketing. It’s about copyright law, MLS rules, and professional ethics. If you’re reusing photos — even from your own old listings — without permission, you could be violating both NCREC and federal copyright standards.
⚖️ The Legal Lowdown
Who owns a photo?
➡️ The person who took it.
Unless your agreement with the photographer says otherwise, they hold the copyright — not you, not your client, and not your firm. That means reusing those images on a new listing, flyer, or website without written permission could trigger a copyright infringement claim.
And yes — we’ve seen it happen. Agents and firms have been forced to pay thousands in settlements for using old photos they didn’t have rights to.
🧾 MLS Rules Are Clear
MLS platforms also prohibit using other agents’ photos, even if the property is the same address. You can’t copy images from a prior listing — even if you think “I was the original agent” or “the house looks the same.”
Each new listing needs new, authorized photos.
✅ Best Practices for Brokers
1️⃣ Get it in writing. Always confirm usage rights from the photographer.
2️⃣ Pay for new photos. It’s a marketing cost and a compliance safeguard.
3️⃣ Don’t reuse MLS images. Even your own, unless you have the rights.
4️⃣ Educate your team. Make sure assistants, marketers, and transaction coordinators know the rules too.
🚨 Why It Matters
Copyright law doesn’t care about intent — only use. “I didn’t know” won’t protect you from penalties.
And as a BIC, allowing your firm’s agents to post unauthorized images can expose you to discipline as well.
💡 The Takeaway
Don’t let a shortcut turn into a setback.
When in doubt, assume someone owns that image — because they do.
Protect your firm, your license, and your reputation.
Copy. Paste. Pay.
#NotoriousBIC #BICTip #RealEstateCompliance #NCREC #CopyrightLaw #MLSRules #NCRealEstate
