Think Someone Stole Your Listing Content?
The answer may not be as straightforward as you think.
Under the MLS® Rules, marketing material includes photographs, images, graphics, audio and video recordings, virtual tours, drawings, floor plans, architectural designs, artistic renderings, surveys, and listing description.
Your Obligations When Submitting Marketing Material
When you upload marketing material to the MLS® System, you are confirming that you have the legal right to use it.
You may only use marketing materials that:
- You created; or
- You purchased; and
- You have written permission to use.
This applies to all content.
Pulling Images from the MLS® System
Using images directly from the MLS® System without written consent from the Listing Salesperson is a breach of the Rules.
If you didn’t create it or don’t have written permission – don’t use it.
What if You Purchased the Images from the Photographer?
If the photographer retained copyright and did not transfer it to the Listing Salesperson, you may use the images only if you have permission directly from the photographer.
Do the Images Still Reflect the Property?
Marketing materials must accurately represent the property.
- Furniture rearranged or the same – No issue.
- Flooring, appliances, wall colour, windows, light fixtures, or other permanent features changed? The images are no longer an accurate representation.
Is it okay to use images from GeoWarehouse®?
Under the terms of use for GeoWarehouse®, materials are provided for internal business purposes only. If you plan to download or use images for any other purpose, such as marketing or posting in an MLS® listing, you must first ensure you have the proper permissions.
Note: Google is the exclusive provider of all Street View and aerial imagery within GeoWarehouse®. Before using any such images, you are responsible for reviewing and complying with Google’s applicable terms and conditions.
- GeoWarehouse® terms and conditions: https://www2.geowarehouse.ca/terms-and-conditions/
- Google Maps Platform Terms of Service: https://cloud.google.com/maps-platform/terms
Professional Standards Complaint Filed Against You
If a professional standards complaint is filed, be prepared to provide proof that:
- You have written permission
- The images were purchased directly from the photographer, where applicable
