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JD 1992
JD 1992, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 33149
Experience:  18 years experience
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I am a real estate photographer and recently a few of my

Customer Question

I am a real estate photographer and recently a few of my shots were used in an article in a local paper without my permission. The news agency pulled the photos from Zillow and credited Zillow for the photos. What are my rights here?
Submitted: 9 months ago.
Category: Intellectual Property Law
Expert:  JD 1992 replied 9 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

It depends on 1) what rights Zillow has and allows others to use and 2) what rights you "signed away" if any.

If Zillow doesn't sign away any rights to use the photos and you didn't sign away the rights to use them then this would be a violation of your copyright on the photos and the company/person using them would owe you whatever value you can prove. If you registered these photos for a copyright then there is a statutory penalty but if you didn't register them then the value is whatever you can prove it is in court.

What you may want to consider doing is having a local lawyer write a "cease and desist" letter to the publication and then also send a demand letter requesting that they pay you a certain value for the use of your work.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Expert:  JD 1992 replied 9 months ago.

I am about to sign off for the night. I will be back online tomorrow morning.

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