Real Talk!

Recently, I had a call from a colleague of mine- asking for an opinion. He was involved in a bit of a kafuffle over photographs that are being used online to market a property.

Apparently, another Realtor with whom the property had been previously listed for sale had taken the photographs that were under debate. The photographing Realtor had emailed, politely requested that my colleague remove “his” photographs from the database.

I couldn’t think of anything in our regulations or by-laws that might prevent the use of photographs previously posted to our data base and indeed, all that I could find was a rule that says that we can use the database to help market a property… seemed to me that was exactly what we were dealing with.

Well… of course, wanting more knowledge, I “googled” to review the current theories for information online, I also mentioned that I knew of other Realtors who “borrowed” photographs without asking and I also suggested that my colleague obtain legal advice and/or contact the office of the Registrar (The Real Estate Council of Ontario).

A short while later, my friend called back. A local lawyer had offered an opinion that the pictures being online were free for the taking. Evidently, my friend had so notified the photographing Realtor by email and had received a reply that the photographing Realtor was emphatic that the pictures were HIS property.

I suggested that the Seller should have proprietary rights to images of their property. Indeed, the Seller had instructed my friend to use the pictures that had been taken by the other Realtor… and further, really didn’t understand the quandary…

I don’t really understand it, either and it already has taken up too much of my time.