This isn’t so much a news story as a plea for advice.
We are aware it goes on, but what do you do about it?
In the last few days we have been in touch with Agent A, a sales agent, who is infuriated that Agent B, a letting agent, has used all their photographs.
The photographs relate to a sale made by Agent A, who is aware that the new owners are now letting out the property unfurnished through Agent B.
However, the pictures used by Agent B clearly show the previous owners’ furniture.
When Agent A rang Agent B to complain, they were told “not to be difficult”.
Agent A says: “Livid is beyond my feelings at present. But I do wonder how other agents deal with this.”
Short of watermarking your pictures – officially frowned on by the portals – we’d be interested in your thoughts.
Comments (17)
This is something we experienced when we first launched as we were the only local agent producing excellent photographs at the time. We came up with a very clever way of watermarking that meant our competitors actively do NOT want to use our (much better, professional) photographs. If they use them, they will be advertising us, AND customers and clients call to snitch as they recognise our stand-out method. *We have had our own dominant branded cushions in our photos since 2005. Brilliant! No other agent wants to advertise us!
Get the owner to pay for professional photos so he or she is free to use them if he wishes to switch agents, then future use is his/her issue, not the agents’
Anon-mon73 is correct. If the agent took the photographs they own the copyright. More complex if the vendor paid for a photographer and the contract with the photographer would need to be checked. You could threaten an action for breach of copyright if you own the copyright. Why not put a small sign in the picture – not enough to distract and if it is used by another agent at least you will get some free advertising or they would have to take time to photoshop it!
Photos are automatically copyrighted, until transferred by contract.
It’s copyright infringement and get the down or pay.
We had some taken and they denied they were copied, but the washing in mid-flight on the washing line on a blustery day. Bang to rights really and a blatant lie from the other agent!
We call and ask for them to be removed or an invoice for £50+vat per photo will follow.
Portals don’t frown on watermarking as long as it’s within their guidelines. I think the next time someone does it for ours I will simply send them an invoice rather than phone them and ask them nicely to take them down and not do it again.
Photos and floorplans have been a fairly regular occurrence. When we catch them out the payment is usually sausage rolls for the office from our selected source only!
Had an instance where an agent pinched an aerial photo which had cost money to obtain so – as they weren’t local – we spoke to Rightmove who got them taken down.
If the photos were supplied by a third party photographer – I’d suggest checking the terms of their contract as it may be that they actually retain the rights over the use of the images.
agreed Michae,l a lot of third party photographers own the rights to the images they take not the agents in question.
Given that Agent “A” has successfully sold the property, and thus the usefulness of the images to Agent “A” is now essentially nil. The fee has (presumably) been paid by the seller (which would include marketing costs)…I’m not sure what Agent “A”‘s gripe is.
Albeit, it is lazy on the part of the Agent now acting on behalf of the new owner/Landlord to use images previously taken by another agent, but is it really worth losing any sleep over?
One arguement could be that ultimately, it is the owner is of the property who holds rights over the use of publicly visible images of materials they own, and subject to the new owner being happy with the use of the images, there shouldn’t be any problem…
Any imagery supplied by the Agent is their Intellectual Property.
Their “gripe” is that the other Agent is using that imagery without permission. Perfectly understandable.
What other corners are the subject Agent cutting?
I agree! It is technically ‘theft’ but also beyond lazy and unprofessional…… This is a ‘letting agent’… they should be well versed in tenancy law but yet they cannot even be bothered to retake their own photos, they’d rather ‘pinch’ someone else’s. I certainly wouldn’t trust them with my property!
Be that as it may…the fact stands that Agent “A” (were the matter to go Court) has completed the task for which they were contracted, and received their fee. My point is…Agent “A” would be able to demonstrate no “loss” suffered as a result of the images being pilfered/used by Agent “B”. As they have fulfilled their contractual obligations, and have no current further use for the images.
Now, were Agent “A” and “B” simultaneously acting for the same client and the same purpose (selling) and in parallel, then yes…I would understand the “gripe”…
Eyereaderturnedposter12
I don’t think you and I have disagreed on much previously, so this is interesting new ground we are treading.
Your post reads like a defence lawyer’s opening statement.
In looking at it from that defensive viewpoint, you are failing to recognise both copyright infringement – an offence under Law whether or not the ‘injured party’ has suffered loss; and also unprofessional conduct – which is not an offence but is a damning snapshot of the offending Agent’s moral and ethical character.
I repeat my comment above – What other corners are the subject Agent cutting?
There is no such thing as “a little dishonest”. Honesty – or lack of – is a black or white state.
I understand “the gripe”, as you put it, perfectly.
But would that still be the case if the Seller had paid for professional photographs? Surely at that point they would become the property of the seller? Obviously in this case the new owner would have no claim to them, but it would be the seller who would need to go through the legal side if someone wants to pursue it, wouldn’t it? Isn’t it like the EPC, or the old HIP’s? Once it’s paid for, it is the property of the seller?
Don’t get me wrong, I still think this is lazy (although I have been know to use the professional pictures taken by the Sales team if the property moves over to me in Lettings) but I’m really not sure it’s worth all the hassle?
Watermark your pictures.
In addition, have your solicitor ready with a templated letter to send to any offending agents. We’ve sent letters a few times and the photos are usually taken down almost instantly.
If another agent uses your watermarked (copyrighted) photos, this is a flagrant breach of copyright and potentially you can sue them for lost income. Never gone down this road but been tempted.
… life’s too short. Agent A should focus more on what they are doing and less on what agent B is doing.