Photos Used for Advertising - Seller Upset

[Justin Stephens]

I recently purchased a duplex.  The rooms were on the smaller side, so during the home inspection I wanted to have photos taken of the rooms while they still had furniture in them so that future tenants that I would advertise to could see how the rooms might be arranged.  I called my realtor and asked for permission to take the photos.  She cleared it with the selling agent and advised me against taking any pictures that would identify personal information such as family photos, etc.  I hired a professional photographer and we went to the units during the home inspection and took the pictures.  The tenants were present during the photo shoot, and had no issues with us taking photos.  They even helped up stage some of the rooms, lay down family pictures, etc.  Days later, my realtor emailed me an email from the Seller stating that I could not use the photographs I had taken of the inside of the units.  The seller's adult son was one of the tenants.  I told my realtor that I received permission from her prior, and that unless the seller wanted to send me a check to reimburse me the cost of the photographer, I was planning to use the photos.  I never heard anything further about it and we closed on the property.  Now that I have the property listed on multiple websites, I have started to get nasty emails from the seller telling me that I'm not allowed to use the pictures.  She claims to have "filed a complaint" with whom I have no idea.  I don't feel like I've done anything wrong and I've simply just not responded to this lady.  The seller's agent sent me text messages asking for my email address and I told her that she needs to deal with my realtor if it pertains to the transaction with the seller.  I don't see that I've done anything wrong, and I'm not sure why this lady is so bent out of shape.  I'm sorry for the long story to ask such a simple question, but am I missing some angle here?  I don't think that I've done anything wrong.  I own the photos.  I got prior permission.  The tenant was willing and accommodating.  I am not sure why the seller cares in the least.  Can anyone lend any guidance on this?  Thanks in advance!

[Steven J.]

I would share this with the photographer. If you paid for their services to use their photos for your marketing I don't think you're in the wrong. I think the photographer is the one who should have checked to make sure it was okay (which it sounds like they did). 

[Jay Hinrichs]

this is just me.. but this to me is a nuisance and I would simply ignore it.. but that's me..

people like to huff and puff.. but at the end of the day what are they going to do Sue you.

spend thousands with an attorney ?  I think not..

[Ned Carey]

I would probably just ignore the old owner.  I expect the owner has no legal ground to stand on.  I certainly wouldn't loose sleep over it. If my mood warranted it I might even threaten something back, even if it was bogus, just to play with her mind. 

The above is not legal advice but simply how I might handle a similar situation.

[Jon Crosby]

@Justin Stephens this sounds like a very grey area. The owner gave you permission with 'contingencies' that were very vague. I'm sure there is a ruling from Judge Judy in here somewhere but if all you are getting is nasty emails, I would just ride out the storm, sell the property and move on with your next investment.  :)

I would also make your agent handle these emails as they are supposed to be your 'representative' throughout this process and was the one that had it cleared...that's what you pay them for after all and I'm sure they can handle it. 

Best of luck to you and I'm sure it will all turn out fine. 

Cheers!

[Mike Cumbie]

I will be a little more harsh than others. A home inspection is a time to inspect a property. Using it as a professional photoshoot of a property you do not own yet is wrong. Further utilizing someone elses tenants time and their belongings for your personal gain should not have happened. If their agent was there at the time they should have removed you from the property as soon as the photographer showed up. Your want to have pictures with stuff in it should have been handled after closing, with you paying for staging if required. My guess is someone never cleared it with the owner and once they found out later, they felt violated.

All that being said, they allowed it and your photographer sold you the rights to the pictures. Unless there is something I don't know you can use them how you want. 

[Justin Stephens]

Thanks Mike.  If it was wrong, I sure didn't feel like I was doing anything wrong.  I asked for permission from my realtor, who asked for permission from the seller's realtor.  I clearly had the blessing of the tenant, as they assisted us.  Nonetheless, I appreciate your comment and point of view.  Thanks!

[Jennifer A.]

Ignore. Her complaint is likely going nowhere fast. If she is upset, her issue is with her realtor who gave you permission.

[Anna M.]

I really don't understand the seller's reaction, is this some kind of seller remorse?  Why should she care?  So on that point does anyone know if it would present a similar issue if I used photos currently on Zillow to run an ad for one of the units in 5 months?  I am inheriting the tenants but for 5 months only as they want to purchase a home, so I will be advertising the unit they move out of.  The photos are beautiful and am of the idea, "why recreate the wheel?"  Any thoughts on this one?  We have not closed yet, should I be asking for permission to use?  Sorry @Justin Stephens, I don't mean to hijack your post,  its just that your post has triggered a related thought/questions.

[Chad Davies]

The photographer owns the copyrights to the images, regardless of the content. There is no legal action that can be taken against you or the photographer, as long as the photographer had legal access to the property (i.e. they were not breaking and entering)

Source - Me, a RE photographer for 8 years. 

[Mike McCarthy]

Agreed with everyone else. Until they serve you something legal, I would ignore it in the nicest possible way. It’s your house (now), and even if it wasn’t, it would be gray at best.

[Charlie MacPherson]

@Justin Stephens  You said that you got permission from the seller's agent, but you didn't say that the SELLER gave permission.  

If the seller's agent gave permission (perhaps thinking it was no big deal), but he didn't clear it with the seller, I can see the seller being annoyed.

While the photographer owns the copyright from the moment he pushes the shutter button, a "property release" (similar to a model release) is required for those photos to be used commercially.  

Advertising a property doesn't fall under the "fair use" doctrine.

Anybody using those photos without a release could possibly be sued, so at this point, I'd just talk to the seller and see if you can work something out.

Source: Me. A published, multiple award winning (former) professional wildlife photographer, tour guide, podcast guest and public speaker.  :-)