By Sean Colón
In the age of digital marketing, professional real estate photography is crucial—but who actually owns the images you're using to sell homes? The answer could surprise you, and it has major legal and branding implications for Arizona realtors.
Copyright Law 101 (Without the Legal Headache)
Under the U.S. Copyright Act, any photograph is automatically copyrighted the moment it’s created. That means the person who took the photo—the photographer—is the legal owner unless there's a written agreement stating otherwise.
So if you hired a photographer to shoot your latest listing in Chandler or Scottsdale, they technically own those images... not you.
Why This Matters for Realtors
Using images outside of your agreement could land you in legal hot water or cost you money later on. Here’s what you need to know:
MLS Use ≠ Full Rights: Most Arizona MLS systems allow agents to upload listing photos, but that doesn’t mean you own them or can reuse them indefinitely.
No Agreement? No Rights: Without a written contract or license, you may not legally be able to reuse listing images in future marketing, ads, or your portfolio—even if you paid for the shoot.
Photographer Credit: Some photographers require photo credit. Ignoring that could breach your licensing agreement.
Well How Will Anyone Even Know??
Great question! Photographers often subscribe to services such as Pixsy.com where their reverse image search engines will scour the internet for where and how images are being used. Once unauthorized use is discovered, Pixsy will allow the copyright-owner (i.e. the photographer) to either approve the usage or send a DMCA take-down letter to the owner of the website. The offender of the claim may even be required to pay a fee for the usage up to the date they removed the image. Their services also include legal case management worldwide.
Real-World Examples That Matter in Arizona
In 2020, a Scottsdale agent was hit with a $3,000 settlement demand after reusing listing photos on a personal blog without permission.
Builders and developers in Queen Creek and Gilbert often reuse community photos across campaigns. Without a licensing agreement, that could be a major risk.
What to Ask Your Photographer (Before You Shoot)
Avoid confusion and potential legal issues by clarifying these points up front:
✅ Do I have the rights to use these photos beyond the MLS?
✅ Can I post them on social media and in print ads?
✅ What happens if I want to reuse them for another listing or campaign?
✅ Is there a time limit on my usage rights?
If your photographer doesn't provide a usage license in writing, ask for one. It protects both of you.
Best Practices for Arizona Realtors
Get It in Writing: A written licensing agreement protects your right to use photos as needed.
Credit When Required: If your agreement includes attribution, make sure to credit the photographer on social or printed materials.
Archive Responsibly: Don’t assume you can use photos from years ago—verify your usage rights still apply.
Educate Your Team: Make sure assistants and marketers know what they can—and can’t—do with your listing images.
Helpful Resources
The Bottom Line
Great real estate photography sells homes—but misunderstanding who owns the photos can cost you. Arizona realtors who understand and respect copyright law not only avoid legal issues—they build stronger, more professional relationships with photographers and protect their own brands.
Professional images are a business asset. Treat them with the same care you give to your listings.
By the way, I help realtors improve their online and social media presence by providing beautiful photos of their listings. That is why I’ve created this FREE HOME PREP LIST for your clients to help your listings look their best. Feel free to share.