When you hire an estate agent to sell or rent your property, you might wonder: who owns photos taken by an estate agent? In most cases, the estate agent or the photographer they hire owns the photos. If the estate agent takes the pictures or uses one of their employees, they usually hold the copyright. If they hire an external photographer, the photographer may retain ownership unless a specific agreement transfers those rights to the estate agent or the homeowner.
Copyright and Ownership of Estate Agent Photos
In the UK, copyright typically belongs to the creator of the work, which means the person who took the photos owns the rights. Whether it’s the estate agent or a professional photographer, ownership stays with them unless it’s transferred in writing. So, when it comes to estate agent photos, ownership of the rights usually remains with the agent or photographer, and you, as the homeowner, are only granted limited use for marketing purposes during the sale or rental period.
Usage Rights: Licensing vs. Ownership of Property Photos
There’s a clear distinction between being allowed to use the photos and actually owning them. You may be given a licence to use the photos for marketing your property, but that doesn’t mean you own them. For example, while you’re allowed to post the images on property websites like Rightmove or Zoopla, if you want full ownership of the photos taken by an estate agent and the right to use them freely, you’ll need to negotiate a separate agreement, which could involve extra costs.
Who Can Use the Photos for Marketing?
As a general rule, only the estate agent may use the photos for marketing purposes. The estate agent will typically use the images across various platforms, including their website, brochures, or third-party listing websites. As the homeowner, you typically do not own the rights to the photos and therefore cannot use them for your own purposes without explicit permission. For instance, if you switch estate agents, you might not be able to reuse the same images unless agreed upon.
Who Owns the Intellectual Property of Estate Agent Photos?
The intellectual property of the photos belongs to the person or entity that took the pictures. If the estate agent hires a photographer, ownership of the photography contract—and by extension, the photos—usually rests with the estate agent or the photographer. If you hire a photographer independently, then you may own the photography contract. However, unless it’s specifically written into the contract, the photographer typically retains ownership of the intellectual property. Be sure to check the contract to clarify who owns the photos and what usage rights you are granted.