PSA: The Importance of Copyright Releases

In the ever-evolving landscape of real estate marketing, captivating visuals play a crucial role in showcasing properties and attracting potential buyers.

There have been cases of photographers taking legal action against real estate agents. There is a common “made for hire” misconception that paying for real estate photography equates to ownership, but this is far from true.

Copyright law is complicated, but the key take-away is that images belong to their creator. Brokers need explicit written permission to use these materials for marketing purposes, and to allow them to be retained for long-term use and distribution within the WVMLS system, including dissemination to third-party platforms.

We recommend consulting an attorney. In the meantime, here are a few key points to help avoid liability:

1. Ownership Clarification

• Hiring a photographer does not automatically grant ownership of their work. A written agreement with the photographer is necessary to secure appropriate usage rights.

• When an image is uploaded to the system, the listing broker grants WVMLS ongoing usage permissions, so it’s critical they HAVE those rights to assign.

• A photo release agreement should speak not only to usage during active marketing time, but also for long-term use and distribution by WVMLS.

2. Types of Agreements

• There are many ways to structure property photo agreements. Make sure yours covers you for your intended uses.

• All Rights - the photographer might assign you all rights, title and interest, including copyright to images made for hire.

• Assignment of Specific Rights - the photographer might retain the original copyright but grant you usage rights for WVMLS property compilations (current and sold), advertising and marketing, public display, distribution, reproduction, in print and on the Internet, and otherwise.

Remember, a clear and comprehensive release agreement not only protects the rights of photographers but also safeguards your professional reputation and ensures a smooth and lawful marketing process. We found this article, which provides a few sample agreements to discuss with your photographer and your legal counsel.

MEMBER ALERT: Warning of Fake Buyers in Real Estate Transactions

WVMLS is warning its members to be aware of ‘fake buyers’. Recently, there have been cases of reported fake buyers attempting to get money through a real estate transaction.

Their intended goal: They are hoping escrow will deposit their check. They can terminate the transaction and request a 'refund' check. By the time it gets figured out that the funds are not good, they are long gone.

Some red flags that may help identify a fake buyer are:

• The buyer only makes contact via email and/or text message.

• The buyer is willing to trust an agent they found on the internet without having a conversation or meeting in person.

• There's a storyline pattern similar to the following: The buyer is out of country or away from the area for a period of time. Their story also displays many twists and turns, including time zone differences, details about travel and/or jet lag, and other complications that pose obstacles to having a conversation over the phone. In some cases, they may even refer you to speak with a third party on their behalf.

• The buyer wants to purchase a property sight unseen, sometimes in a community that they know nothing about. The buyer may also omit to ask questions that a typical buyer would ask.

• They may be eager to overshare financial arrangements or provide official-looking documentation, such as forged bank letters.

• They insist on you downloading documents before continuing, they may refer to them as "house hunting documents".

In all cases, it is important to practice due diligence and ensure you verify the identity of a prospective client. Below are some suggested best practices:

• Confirm all documentation (ie: driver’s license, government-issued-ID) to ensure identity, especially if you don’t meet the client in person and are dealing exclusively via email or text message.

• Avoid sending or sharing sensitive information via email.

• Verify with the bank that the funds have cleared before completing a transaction.

• Trust your instinct. If something seems off with the client or transaction, practice further due diligence before proceeding.

Be aware that these scams can be extremely convincing, and are becoming more frequent, and are constantly evolving. Always report this type of fraudulent activity to the Oregon Department of Justice (DOJ) or FBI. Also, sign up for email alerts with the DOJ's Scam Alert Network. Being vigilant, thinking critically, and using best practices for knowing your client is the best defense against fraud.

#WVMLStips #Scam #Report

Updated Forms Available Now

Our Members asked us to update the WVMLS Listing contract to include separate fee options for unrepresented buyers and for Disclosed Limited Agency situations. We heard you.... So check this out!

The NEW Residential, Bareland, and Commercial forms have been made available on WVMLS.com and Paragon under MLS Documents they are marked with a *Updated March 2024* indicator.

Found under MLS Documents:

Found on WVMLS.com:

These forms have the latest revisions (including the "Suitable For: Other" addition mentioned above), they are being made available in conjunction with the older versions until May 1st when they will be the only versions available. These new forms will also be available at forms vendors (Skyslope and Zipforms) soon. Updated forms for MultiFamily and Manufactured without Land are coming soon.