All images, data, and information uploaded to the Board’s MLS® System become the property of the Board. The Board is entitled to use the images, data and information at its sole discretion and reserves the right to watermark images with its brand to demonstrate ownership.
d) Any action to alter or remove the images, data and information of an MLS® Listing prior to reporting the Listing as sold, expired, or terminated is strictly prohibited where that action detrimentally affects the accuracy and reliability of the Listing data. This prohibition applies to images, comments, or other relevant content, but does not apply to updating images to reflect seasonal or factual changes to the property, or modifications to the Listing information to reflect factual changes.
e) Members must verify their legal right to use any content (images, videos, text, etc.) they upload to any MLS® Listing, regardless of the format. Legal right for this rule means the Member either:
i) Is the creator of the content themselves, or
ii) Has obtained a written agreement from the creator of the content to use the content for advertising the property for sale or lease, including perpetual use in the MLS® system.
You and the MLS® System
The photograph is submitted to the Board to be entered into the MLS® System.
Does the Board own the photograph?
It depends...
RAE owns the copyright in the MLS® database.
The MLS® database is a "compilation" defined in the Copyright Act as: "...a work resulting from the selection or arrangement of data."
RAE owns the copyright in the MLS® database.
Your relationship with the RAE is contractual, with the terms set out in the bylaws and policies of RAE.
Rule 2.04
a. An MLS® listing will be considered to be incomplete... if there is not... at least one photograph or artist's rendering of the exterior of the property...
c. All images uploaded to the Board’s MLS® System become the property of the Board. The Board is entitled to use these images at its sole discretion and reserves the right to watermark these images with its brand to demonstrate ownership.
e. Members shall not use any of the images from Active MLS® Listings or previous Listings, regardless of the format, without the written consent of the former Listing Brokerage