EA reusing photos

rcorke

Hi
Wondering if anyone has any (legal?) advice on the following.

We sold our house in July 2012. As part of the sales process we had photos taken. These were taken on a basis that we would pay £180 if we did not sell, and if we did, this would be included in the EA fee.

The house has been now been put on the market by the new owners and they are using the same EA, who are using our photos.

I have spoken the them and asked them to stop, but they didn't seem to care. So I have written in to complain to their Head Office.

Can any one offer any advice, particularly where we stand legally.

Thanks
Rachel

ValHaller

Apply pressure to the new owners?

cattie

You sold your house, so why on earth are you still concerning yourself about photos that were taken to advertise it?

The photos are of absolutely no value to you now, but I guess if you are willing to spend your precious spare time on this & perhaps pay out legal fees to try to pursue the matter then that's up to you.

Personally I couldn't be bothered with anything concerning a property I'd already sold and completed on.

Fruit_and_Nut_Case

Perhaps rcorke is concerned that the estate agent might have charged the new owner for the pictures but has incurred no new costs in getting them. Obtaining money by deception?

Werdnal

I tend to agree with the OP that this is a bit of a cheek, if nothing worse. If you have complained to head office, you'll have to await their response. You could speak to Trading Standards to see if this is any breach of the contract you had with the agents originally, but I doubt they will take it very seriously. Are the agents members of any trade association - NAEA etc. You can also write to them.

We were in a similar position when we discovered via a friend, that the photographer who took our Wedding Photos had put an A3 size photo of us in their studio as part of their window display. But apparently the contract terms we signed when we booked them had a clause that they could use suitable photos for promotion purposes without seeking further approval/permission from us! Have you checked the "small print" of the T&C you signed with the agent?

googler

You moved out months ago. Nobody who is looking at the EAs advert now will know that the photos were taken when it was 'your' house.

They'll notice when they go to view it that the furnishings don't match, or that it's totally devoid of furniture, whichever applies, but -

What's the actual problem here? You don't have copyright on the photos if the EA took them; they hold the copyright.

ValHaller

googler wrote: »

You don't have copyright on the photos if the EA took them; they hold the copyright.

The EA's copyright alone is IMO not sufficient to permit them to reuse the photos. They need further rights, about which see Werdnal's post above.

kingstreet

So, you sold through this agent and presumably paid the selling fee?

Therefore, no additional charge was made as it was part and parcel of the total commission?

The new owners and same agent have re-used old photos which are of no use to you?

I'm struggling to see a point here...?

I'd say the new vendors may have an issue if they've been told there's a £180 fee if they withdraw, but that would probably be for "marketing costs" in general, not photographs, in particular...

maninthestreet

Who actually took the photographs??

andy.m_2

ValHaller wrote: »

The EA's copyright alone is IMO not sufficient to permit them to reuse the photos. They need further rights, about which see Werdnal's post above.

Copyright is exactly sufficient to allow then to reuse photos.
They own the photos, they can use them as they see fit.
If the house had not sold and you paid the £180 for them, then you may have argued that you took on the copyright.

Let it ride, inform the other party if you see fit but what exactly is the point?

rcorke

I think it is a principle of the matter thing to me. I know the photos are of no use to me but I do feel like we paid for them - they weren't actually taken by the EA but by a third party. The agreement to pay for the photos if we didn't sell lead us to believe that they are our photos.

TBH the EA was pretty useless/shoddy, didn't do their job properly at the time, and then invoiced our solicitor for fees in excess of what we had agreed at completion - luckily we realised before the fees were paid.

We decided not to complain at the time as we just wanted to move on with our new life in our new house but now this has brought it all back.