What is intellectual property?

Patent -A patent is a legal right granted by a government to an inventor, granting them exclusive rights to an invention for a limited period, preventing others from making, using, or selling it without the patent owner's consent. 

Trademarks - A trademark is a symbol, word, or words legally registered or established by use as representing a company or product.

Copyright - Copyright is a legal right granted to creators, giving them exclusive control over the reproduction, distribution, and adaptation of their original works, such as literary, dramatic, musical, and artistic creations. 

When does copyright arise?

Copyright arises if:

1. You are the creator.
2. There is some degree of originality.
3. The work is in some material form.

Examples of copyright in real estate:

• Photographs
• Videos
• Floor plans
• Architectural drawings
• Listing descriptions that have an element of "creativity"
• MLS® datebases

Things you cannot copyright:

• Ideas
• Facts

Photos and Copyright

Photographs are subject to copyright law.  The person that “owns” the photograph owns the copyright, and is the only person who has the legal right to reproduce, distribute or reuse the photograph in any way. Any third party (including a subsequent listing agent) who uses the picture for commercial purposes without the consent of the owner may be violating the owner’s copyright. 

Who “owns” the photograph depends entirely on who took the photographs under what circumstances. They may belong to the original listing agent or to the photographer that took the picture on behalf of the original listing agent.  But the photograph certainly does not belong to the next agent who comes along-unless the seller took the picture himself and gave it to the original listing agent.  In that case, the seller owns the picture and has the right to authorize a subsequent listing agent to use it.  In any other case, the listing brokerage should take their own photograph. 

Using the photos of another agent could be a violation of Article 27 of the REALTOR® Code  which (amongst other things) requires REALTORS® to respect the intellectual property rights of other REALTORS®.  Additionally, using photographs without permission can attract civil liability as it could potentially result in a violation of the Copyright Act, and may form the basis of a civil action. 

Always remember the general rule -just because you can do it doesn’t mean you have the right  to do it. It’s very easy to download photos, but you have no legal right to do so unless they belong to you or your client.