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Short answer: only if whoever owns them says you can. Listing photos almost always belong to the photographer, not to you or your brokerage, and the license you got covers marketing that listing while it is active. Your own past listings, a "just sold" page, or another agent's photos copied from the MLS all need permission. If you can't get it, use a photo you took yourself.
Who actually owns listing photos?
Under US copyright law the person who takes a photo owns it from the moment it is taken, unless it was made by an employee as part of their job or there is a signed agreement transferring the rights (17 U.S.C. § 201). Most listing photographers are independent contractors, so in the normal case:
- The photographer owns the copyright. Paying for the shoot buys you a license to use the photos, not the photos themselves.
- The license is whatever the photographer's terms say. Often that is "to market this property for this listing", sometimes with a time limit or a ban on passing the photos to anyone else.
- The seller doesn't own them either, even though it is their house in the picture.
- Your brokerage owns them only if it employs the photographer or has a written agreement taking over the copyright.
The practical point: before you put a listing photo anywhere new, the question isn't "who paid?" It's "what did the photographer agree to?"
Which uses are usually fine, and which need permission?
Can I show my own active listing on my website?
Usually yes. Marketing the listing is what the photos were licensed for, and a page for the property on your own site is part of marketing it. Check the photographer's terms anyway. A few licenses are limited to the MLS and the portals.
Can I keep my sold listings on my website as a portfolio?
This is where most agents get into trouble without realizing it. Once the listing closes, the license to "market the property" may have ended, and a "recently sold" gallery is marketing you, not the house. Some photographers' standard terms allow it and some don't. Ask once, get a yes in writing (an email is fine), and keep it. If the answer is no, a single photo you took yourself and the sale details will do the job.
Can I use another agent's listing photos from the MLS?
Not by copying them. Other agents' listings can appear on your site only through an IDX feed, under your MLS's display rules, with the listing broker credited. That isn't you reusing photos. It is the MLS licensing a live display. Downloading those photos and putting them on your own page, a blog post or a social post is a different thing, and neither the MLS nor the photographer has agreed to it. If you want the feed, we've covered whether adding MLS listings to your website is worth it.
Can I use photos from my brokerage's website or marketing folder?
Only if the brokerage has the right to let you, and says so. A shared drive full of neighborhood shots or past listings is not automatically yours to publish. Ask which of them the brokerage actually owns or has licensed for agents' own sites. Keep in mind that a license through the brokerage usually ends when you leave it. That is one more thing to sort out before you switch brokerages.
What about photos I find on Google or Zillow?
Don't. A photo being visible online tells you nothing about whether you can reuse it. Portal photos come from the same photographers and the same licenses. If you need generic images like skylines, beaches or neighborhood streets, use your own phone or a stock library whose license plainly covers commercial use.
What happens if I use a photo I don't have rights to?
Usually an email first: a takedown request, or a letter from a photographer or a firm that tracks image use, asking for a license fee. The legal risk behind that letter is real. When a photo's copyright is registered in time (17 U.S.C. § 412), the owner can claim statutory damages of $750 to $30,000 per photo, and up to $150,000 if the use was willful, without proving any loss (17 U.S.C. § 504). A listing page has dozens of photos. Most of these letters settle for far less, but taking the photo down after you get one doesn't undo the use.
Your brokerage may also have its own advertising rules, and your MLS can fine members for misusing listing content. Neither replaces the copyright question. They come on top of it.
How to stay safe without losing your best photos
- Put it in the photography order. When you book a shoot, ask for a license that covers your own website and portfolio, including after the sale. Many photographers agree if you ask at the start.
- Keep the permission with the photos. One email per photographer that says what you can do is enough. File it with the listing.
- Credit the photographer if they ask. It costs nothing and often makes the yes easier.
- Take your own photos for area pages, "about me" and anything you'll want to keep for years. Those are yours with no questions.
- Clean up when you move. When you leave a brokerage or a license runs out, remove the photos it covered.
Swift Agent Sites builds you a site on your own domain, usually live the same day, for $89 a month or $890 a year with no setup fee, hosting and https included, in English, Spanish or both. We'll use your own photos, or the ones you have permission for.
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