Can an agent or broker reuse the photos from the last time the property was listed?

August 01, 2020

It depends on who took the photos and what agreements are in place.

The photos belong to whoever took them unless the original photographer signed an agreement conveying ownership to someone else. The owner could be the previous homeowner, the previous listing broker, or an independent photographer.

You must secure either a license to use or the rights to the photos from the owner of the photos. Texas REALTORS® offers several forms, including the Model Work Made for Hire Agreement establishing the broker as owner and author of photos taken by another at the time the photos are taken, the Model License Agreement for assigning use licenses for photos, and the Model Assignment Agreement for assigning the rights to photos.

If you, the listing agent, had taken the photos when the property was previously listed and you are now engaged by the current property owners to list the property again, you can reuse the photos you took previously, since you are the owner of those photos.

Note that it is in the agent’s best interest to ensure the photos accurately depict the property in its current state, as significant changes could have occurred since the photos were taken.

Legal Disclaimer

Texas REALTORS® provides content through various online platforms, including this blog. By interacting with any of our blog posts, you agree to comply with the following terms and conditions:

a. You will not post any defamatory, discriminatory, libelous, threatening, vulgar, sexually explicit, abusive, profane, rude, or obscene content (including comments);
b. You will not use our blog posts or posted content to do anything unlawful, misleading, malicious, or discriminatory; and
c. You will not post content or take any action on our blog posts that infringes someone else’s rights or otherwise violates the law.
d. You will not post any information intended to sell or advertise a business, product, or service.

Texas REALTORS®, in its sole discretion, reserves the right to remove any content you have uploaded, posted, or submitted onto any of our blog posts if we believe that it violates these terms or conditions.

The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While Texas REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, Texas REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here. Any legal or other information found on this page or at other sites to which we link, should be verified before it is relied upon.