Short answer

Only if you hold the rights or have permission. Real estate photos are copyrighted by the photographer unless the contract assigns them. Most listing photography is licensed to the agent or brokerage to market that specific listing, which usually covers video for that listing. Check your license before publishing.

01

Who owns real estate listing photos

By default the photographer owns the copyright in the images the moment they are taken. Paying for a shoot buys a license to use the photos, not ownership of them, unless the agreement explicitly transfers copyright or defines the work as made for hire. This surprises a lot of agents, and it is the single most common misunderstanding in real estate marketing.

02

What a typical listing license covers

Most real estate photography licenses grant the commissioning agent or brokerage the right to market the specific property until it sells or the listing expires. That normally includes derivative marketing such as video built from the frames, but the scope varies and some licenses restrict use to still images or to named portals.

03

Where people get this wrong

Three recurring mistakes: reusing photos after the listing expired or moved to another brokerage, using photos from a prior sale of the same property, and pulling images from a portal for a property you do not represent. All three are infringement regardless of whether the video is good or the intent was harmless.

04

How to be safe

Ask your photographer for written confirmation that your license covers video derivatives and social distribution. Most will confirm in a sentence by email. Keep that confirmation with the listing file. If you cannot establish rights, do not publish.

Last reviewed September 2, 2026

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