Canadian Copyright and Media for Property Listings: What Realtors Need to Know

High-quality media, including photos, videos, and floor plans, can significantly enhance property listings, but realtors must understand how Canadian copyright laws apply when hiring professionals. Missteps could limit your ability to use these materials or lead to legal complications. Here’s a concise guide to navigating these rules.

Who Owns the Copyright?

In Canada, photographers, videographers, and floor plan designers retain copyright over their work by default, even when hired and paid by a client. A written agreement is required to define how these materials can be used.

What Rights Do Realtors Need?

To effectively market properties, you’ll typically need a license for:

  • Marketing Use: MLS listings, brochures, and advertisements.

  • Online Sharing: Websites, social media platforms, and email campaigns.

  • Future Relisting: Reuse of media if the property is re-listed.

This applies to all forms of media, including photos, videos, and floor plans.

Licensing vs. Ownership

Licensing grants specific usage rights without transferring copyright. Ensure the license agreement covers:

  • Scope: Where and how the media can be used, including platforms like Instagram, Facebook, and LinkedIn.

  • Duration: Any time limits on usage.

  • Exclusivity: Whether you have sole usage rights for the media.

Using Media on Social Media

Social media is a powerful tool for showcasing properties, but proper licensing is crucial:

  • Ensure Social Media Rights: Confirm that your license explicitly permits sharing on platforms such as Instagram, Facebook, and TikTok.

  • Tagging and Credit: While some creators may request credit in posts, tagging does not replace a formal license. Tagging a creator does not grant you the legal right to use their work.

  • Avoid Unauthorized Modifications: Editing or resizing media for social media could infringe on the creator’s moral rights unless explicitly permitted.

Using Media from a Previous Realtor

New realtors cannot reuse media created for previous listings without the creator’s permission. Here’s what to do:

  • Contact the Creator: Request a new license for your specific use.

  • Negotiate Terms: Agree on usage rights, fees, and duration.

  • Verify Agreements: Rights are not transferable between clients unless explicitly stated in the original agreement.

Why Agreements Matter

A written agreement protects all parties and should include:

  • Usage Rights: Clear terms for how and where the media can be used.

  • Restrictions and Duration: Any limits on use or timeframes.

  • Payment Terms: Details of fees and payment schedules.

Without a written agreement, you risk additional costs or legal disputes.

Common Pitfalls to Avoid

  • Assuming Ownership: Paying for media services does not transfer copyright.

  • Ignoring Future Use: Make sure licenses cover potential relisting needs.

  • Disregarding Creator’s Rights: Photographers, videographers, and designers may retain moral rights, limiting unauthorized modifications.

Best Practices for Realtors

  • Communicate Clearly: Discuss your specific media needs upfront.

  • Review Contracts Carefully: Understand your rights and obligations before signing.

  • Work with Professionals: Choose experienced media creators familiar with real estate requirements.

Conclusion

Clear agreements and respect for copyright laws protect both you and the media creators while maximizing the value of property marketing materials. Licensing provides the flexibility you need to market properties with photos, videos, and floor plans across platforms, including social media, while avoiding potential legal challenges.