Posting Pictures of Homes on Instagram

[tiller321]

Jurisdiction

Kentucky

I'm thinking about starting an Instagram account and I'd like to make sure I'm following copyright laws. I would find unique homes on sites like zillow and realtor.com and post pictures of the homes on the Instagram account, along with a few sentences with my thoughts and positive comments on each home. From what I've read, this seems to be within fair use, especially since I'm using the pictures for comment/education.

However, some of these photos are trademarked by the local MLS (ex. MiamiMLS) and I don't want to run into problems with anyone and face a potential lawsuit. In a related case, the blogger who runs the McMansionHell.com blog was sued by Zillow and won, although Zillow didn't own the photos in the first place.

Is it likely that anyone would pursue legal action due to me posting pictures of their home/listing on Instagram? If someone were to pursue a case, how likely would I be in the clear?

Thank you!

 

[adjusterjack]

Why on earth do people come up with stupid ideas that will just end up annoying people?

In a related case, the blogger who runs the McMansionHell.com blog was sued by Zillow and won

McMansionHell.com didn't "win" anything. It agreed to stop using the photos in exchange for an agreement by Zillow not to pursue litigation.

Get your facts right.

Then put aside $20,000 in a lawsuit fund in case somebody decides to sue you.

By the way, that mcmansionhell.com site has got to be one of the stupidest sites I've seen in a long time. Total waste of time. Is that what you want to do? Well, good luck.

 

[Tax Counsel]

Is it likely that anyone would pursue legal action due to me posting pictures of their home/listing on Instagram? If someone were to pursue a case, how likely would I be in the clear?

Making extensive use of other people's photographs for this is likely to cause you trouble. Fair use does not avoid you getting sued. It is a defense you assert if you do get sued. And while fair use allows some use of another's work for purposes of education or commentary, the more use you make of the work of others the less likely it is that you can defend an infringement claim with fair use.

With that in mind, I have two suggestions for you. First, instead of using other people's photos, go out and take your own photos of homes for comment. You don't have to worry about copyright infringement claims when you use your own work. Second, if you are intent on using other people's photos contact an intellectual property lawyer in your state and get advice from the lawyer about how likely it is that you can succeed with a fair use defense and what that would cost you if you get sued.

 

[justblue]

Why on earth do people come up with stupid ideas that will just end up annoying people?



.

Because their under the illusion that anyone cares about their thoughts on home design/history/landscaping...

 

[justblue]

Making extensive use of other people's photographs for this is likely to cause you trouble. Fair use does not avoid you getting sued. It is a defense you assert if you do get sued. And while fair use allows some use of another's work for purposes of education or commentary, the more use you make of the work of others the less likely it is that you can defend an infringement claim with fair use.

With that in mind, I have two suggestions for you. First, instead of using other people's photos, go out and take your own photos of homes for comment. You don't have to worry about copyright infringement claims when you use your own work. Second, if you are intent on using other people's photos contact an intellectual property lawyer in your state and get advice from the lawyer about how likely it is that you can succeed with a fair use defense and what that would cost you if you get sued.

I have to point out that the homeowners may call the police if they see a random man/woman taking pictures of their home...especially if their children are playing in the yard. IMHO.

 

[Tax Counsel]

I have to point out that the homeowners may call the police if they see a random man/woman taking pictures of their home...especially if their children are playing in the yard. IMHO.

They might. But it is not illegal to take photos of homes as long as the photographer does not trespass to do it.

 

[justblue]

They might. But it is not illegal to take photos of homes as long as the photographer does not trespass to do it.

I realize it's not illegal...but it might get tiresome being questioned by the police on a regular bases.

 

[Tax Counsel]

I realize it's not illegal...but it might get tiresome being questioned by the police on a regular bases.

Well, taking a photo or two of a particular home only takes a few minutes. At least where I live, if the police respond at all to a call of someone taking photos (which is by no means a certainty since it is a legal thing to do) the response would take quite awhile. It would be a low priority call. The photographer is likely to be long gone before the police even show up. Maybe in a small town where the police have little to do they might show up right away, but otherwise I think it likely the photographer isn't going to be having much police contact over this. Nor should they.

 

[army judge]

If the human eye can observe, there is no law to prevent such observation.

That simple principle applies to a person holding a camera.

Furthermore, a mobile device that can be used as a telephone or as a camera, doesn't mean one is taking a picture because one is holding the device in a manner that would cause some to believe the holder is taking a picture or video.

Contrary to popular myth, US citizens and even those who invade our borders are free to roam anywhere that isn't otherwise off limits. As we roam, we also remain free to look, even gawk, to our heart's content.