Simon Shinerock, managing director of the national estate agency chain Choices, has issued a stark warning to the industry regarding the increasing prevalence of copyright infringement claims. Companies are now demanding hefty fines from agents who inadvertently use images without the proper copyright permissions.
Estate agents must exercise caution when incorporating photographs into their online marketing materials and property listings.
Shinerock highlights the challenge faced by estate agencies as they encounter demands for large sums of money—often in the thousands—due to claims of unauthorised photo use. He notes that many agents may not even be aware they are violating copyright laws. Currently, his compliance director is addressing one such claim for several thousand pounds related to a photo that was mistakenly used by a branch some time ago.
While it is imperative for estate agents to ensure that all photographs used in marketing efforts are properly licensed, the reality is that monitoring everyday activities within marketing and listings teams can be challenging, especially in the fast-paced environment of real estate.
An anonymous photographer shared their perspective with The Negotiator, indicating that many freelance photographers feel businesses that use their images without permission are in the wrong. They believe there is an “epidemic” of image theft, and that imposing punitive fines is one way to address the issue. Another photographer echoed this sentiment, stating bluntly, “Agents are breaking the law; it’s as simple as that.”
The Risk of Inadvertent Use
Shinerock emphasises the risks associated with inadvertently using a photograph. Even if an image was used long ago, it can still be traced, and the copyright owner or agency may demand significant payment. “Once a photo is used without permission, there’s a real risk that these agencies will track it down and seek substantial compensation, often threatening legal action if payment isn’t made,” he warns.
Apart from negotiating down the fines, Shinerock advises estate agents to implement strict guidelines for staff responsible for managing website content. “The industry needs to wake up to this reality. Numerous companies now utilise advanced software to identify the unauthorised use of images, and this has become a specialised field in itself,” he asserts.
Financial Implications
The financial implications for agents can be staggering. A photograph that might cost £100 to license through a stock library could lead to claims amounting to several thousand pounds. Collection agencies often threaten legal action via the small claims court if payment isn’t made promptly. Unfortunately, there is currently no legal framework governing the level of claims, leaving agents with few options other than to settle the demanded amounts to avoid court proceedings.
Estate agents must take these warnings seriously. Implementing stringent copyright compliance practices is not just a legal obligation but also a necessary step in safeguarding their business from potential financial liabilities.