Usually yes, unless your contract already grants it. Making a video from photographs creates a derivative work, which is a right the copyright holder controls. Most real estate photography licenses cover marketing the listing broadly enough to include video, but you should confirm in writing rather than assume.
Why video counts as a derivative work
Adding motion, cropping, sequencing, and overlaying text on a photograph creates a new work based on the original. Copyright law reserves the right to create derivative works to the copyright holder, so your ability to make one depends on what your license grants.
The email that solves it
Ask directly: does my license for this shoot cover using the images in a marketing video for this listing, including social distribution? Most photographers answer yes within an hour, because video helps sell the listing they were hired to help sell. Save the reply.
Building it into future shoots
If you commission photography regularly, get the video-derivative right written into your standard agreement. Doing it once at the contract level removes the question from every future listing.
If the photographer says no
Some photographers reserve video rights because they sell video themselves. That is legitimate. Either license the right separately, hire them for the video, or use photos you do control.
Last reviewed September 2, 2026