photos

follyfoot

if an EA was marketing my property but I decide to go it alone, can i copy the photos they have of my property, and post them on Gumtree? or am i breaching copyright?

chickmug

follyfoot wrote: »

if an EA was marketing my property but I decide to go it alone, can i copy the photos they have of my property, and post them on Gumtree? or am i breaching copyright?

Firstly I glad to hear that the photos seem to be OK which is an improvement on how many EA's take the shots. In my case (agent) if I had been unable to find a buyer and the buyer withdrew I would happily give them a CD with all the shots on and they could use however they wanted and good luck to them.

I doubt many others would be as good so it wouldn't surprise me if they were to get miffed. Why not ask them for permsission? If no surely you can get someone with a digi cam to retake and perhaps they may turn out even better?

follyfoot

property is now empty and it looks better with the photos when it had furniture

googler

Essentially, yes - they own the copyright on their own photographs, and yes, you would be breaching that by using them. You're breaching their copyright even if you put them on gumtree WHILE the EA is marketing your property.

As said, why not ask them for the photos as you leave? They'll have no further use for them, unless you come back to them.

Or, if they won't GIVE you them, why not offer to buy the photos from them outright, which would automatically transfer the copyright to you, then you can do absolutely what you like with them?

follyfoot

googler wrote: »

Essentially, yes - they own the copyright on their own photographs, and yes, you would be breaching that by using them. You're breaching their copyright even if you put them on gumtree WHILE the EA is marketing your property.

As said, why not ask them for the photos as you leave? They'll have no further use for them, unless you come back to them.

Or, if they won't GIVE you them, why not offer to buy the photos from them outright, which would automatically transfer the copyright to you, then you can do absolutely what you like with them?

but i can market my property on gumtree without the photos even if they are marketing it at the same time?

googler

That would depend on what agreement you have with them - Sole Agency, Sole Selling Rights, Exclusive, etc......

Wouldn't it look better if your agent put it on gumtree using their photos? Have you suggested that to them? Then there's no issue around you using their photos, and no suggestion that you're dodging around behind their backs....

follyfoot

googler wrote: »

That would depend on what agreement you have with them - Sole Agency, Sole Selling Rights, Exclusive, etc......

Wouldn't it look better if your agent put it on gumtree using their photos? Have you suggested that to them? Then there's no issue around you using their photos, and no suggestion that you're dodging around behind their backs....

i have asked the agent to stop marketing my property

chickmug

follyfoot wrote: »

i have asked the agent to stop marketing my property

I hope you have done it in accordance with their terms and conditions as so many posts on this forum are from those who dodn't and end up fighting some rip off charge of another.

follyfoot

they started marketing before i signed an agreement.

chickmug

follyfoot wrote: »

they started marketing before i signed an agreement.

Still be very careful as your knowingly letting them carry out marketing could be construed as your having accepted terms?

follyfoot

chickmug wrote: »

Still be very careful as your knowingly letting them carry out marketing could be construed as your having accepted terms?

okay will check. but are you saying a landlord cannot market their own property at the same time as an agent is marketing it?