In the U.S., copyright in a photograph generally belongs to the photographer who took it unless it's been transferred in writing.
When you hire a real estate photographer, you're usually getting a license to use the photos to market that listing, not ownership of them.
That has practical consequences
- Your license may cover the MLS, portals, your website and social posts for the listing, but not other uses, like a printed book or handing the photos to the builder.
- When a listing expires and another agent takes it over, the new agent typically can't reuse your photographer's images without a new license.
- Photos on Zillow, Realtor.com or the MLS belong to someone. Pulling them to market a property you don't represent can infringe copyright and break MLS rules.
Agents often ask whether they can make a video from listing photos found on a portal. If it's your listing and your photography license covers video and social use, generally yes. If it's someone else's listing, get permission first.
Turning photos into a video is still using the photos.
How to stay on the right side of it
- Read your photographer's license terms, or agree on them in writing: which listing, which channels, for how long, and whether video, ads and print are included.
- Ask for a license that covers video and social, since that's where most listing content ends up.
- Keep the license with the listing files.
- If you edit or AI-enhance the photos, check that your license allows edits.
Photographers benefit from spelling out usage in their contracts too. It protects their work and makes add-ons like video, staging and reels easier to price.