Caroline Gerardo, C. G. Barbeau the Loan Lady nmls 324982 (Licensed in 20 states)

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Rainmaker
2,691,172
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

I choose my battles as should everyone. Weigh the situation and then act or don't. Time, energy and success deserves our full attention

Feb 23, 2017 02:44 PM
Rainmaker
7,033,883
Roy Kelley
Retired - Gaithersburg, MD

Follow the procedures of your MLS.

Feb 24, 2017 06:17 AM
Rainmaker
1,672,115
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West - Carlsbad, CA
Presence, Persistence & Perseverance

Notify your MLS of the infraction and your local board, as well. I would also send them a bill for your time and the copyright infringement with a letter from your attorney

Feb 24, 2017 05:40 AM
Rainmaker
3,384,339
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

I would call them followed by a letter to remove. If they refuse i would immediately send a bill then call their managing brokers, then if ignored, call the state re commission

Feb 24, 2017 02:57 AM
Ambassador
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Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

     Have your attorney send them a cease and desist letter.   If that doesn't get their attention, then consider the cost of a copyright or DMCA lawsuit.

Feb 23, 2017 04:22 PM
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Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

Report to the MLS and follow up with what Sandy Padula and Norm Padula, JD, GRI NMLS#1483386 said. 

Feb 24, 2017 04:25 PM
Rainmaker
4,490,321
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

You need to report them to your mls... especially if they made a request in writing and you said no in writing.

Feb 24, 2017 05:31 AM
Rainmaker
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Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Did they get permission from the photographer?

Feb 24, 2017 05:09 AM
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Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

Absolutely have him take them down!  My agreement with my photographer is that I OWN the photos that he takes - I'm the one that has to go after the theives! Good luck, Caroline Gerardo!

Feb 23, 2017 08:25 PM
Rainmaker
577,339
Gloria Valvasori, Accredited Senior Agent
BETTER HOMES AND GARDENS REAL ESTATE SIGNATURE SERVICE - Mississauga, ON
REAL Experience | REAL Commitment | REAL Results!

It is not allowed here unless you give expess consent. I had an agent do that to me 3 times.. SAME AGENT !! after I told him no, the first time, he did it again...my clients found he was using them and were upset because there were photos of her family included...  I had to threatent to report him if he did not remove them immediately..

Feb 23, 2017 05:51 PM
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Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

The copyrite law is likely on your side.  But there is virtue and reward in being generous, especially with things that you no longer need or use. 

When you are done with other things like furniture and clothing do you donate them to someone who can use them, or do you shread them so that nobody can find a use for them?

Feb 23, 2017 03:44 PM
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Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

As Lenn Harley would say; get em Caroline Gerardo 

Feb 23, 2017 03:27 PM
Rainmaker
5,767,466
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Caroline,

Do you own the photos?  Was that your understanding with your photographer?  When we used photos that were not taken by our agent's photographer for their website, the agents buy them with an agreement that they own the photos.    We have also leased on an annual basis photos and paid a fee for the use of that photo, each year.  If you do own them, then I would have your attorney write a cease and desist letter.  A

Feb 23, 2017 03:10 PM
Rainmaker
1,357,492
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

If it's online it's up for grabs when it comes to photos and images.

I really don't police my photos, I'm too busy thank God!

Feb 23, 2017 03:03 PM
Rainmaker
608,970
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

They are using material without permission. I suggest contacting their broker and demand the photos be removed. You can also file a complaint with the MLS that is posting them.

Feb 23, 2017 02:48 PM
Rainmaker
1,525,405
Sybil Campbell
Fernandina Beach, FL
Referral Agent Amelia Island Florida

I would report them to the local board of REALTORS.

Feb 23, 2017 02:40 PM
Rainmaker
864,358
Les & Sarah Oswald
Realty One Group - Eastvale, CA
Broker, Realtor and Investor

Give them a formal letter requesting a payment of $1000 per photo.

Mar 04, 2017 09:11 AM
Rainmaker
5,323,059
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

If they are using your photos, this is copyright infringement, and you should pursue them!

Feb 27, 2017 07:49 PM
Rainmaker
4,333,471
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I would say no thanks also to these people.

 

Feb 25, 2017 10:39 AM
Rainer
320,129
Melissa Jackson REALTOR
Trinity Premier Properties - Azle, TX
Helping You Make The Right Move

Start with your MLS board and follow up with the agents.  It happens in our area - most agents do remove the photos when asked. Good Luck!

Feb 24, 2017 06:53 PM
Rainmaker
596,130
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

They are using YOUR and the photographer's intellectual property to make money on THEIR website. This has nothing to do with MLS rules and regulations. Don't feel guilty about telling them to cease and desist, since that's how you feel. Period.

Feb 24, 2017 05:47 PM
Rainmaker
4,385,921
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

In our part of the world many of our photographers do not own the photos after we purchased them. I'd say take them to task!

Feb 24, 2017 04:49 PM
Rainmaker
1,430,221
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I'd have a lawyer send a cease and desist letter to them and file a grievance with the board.

Feb 24, 2017 10:37 AM
Rainmaker
138,676
Kelly Turbeville
Keller Williams - Lake Forest, CA
Turning Real Estate Dreams into Reality

It drives me crazy when I see my photo's used on other people listing. Or you pull up a listing and see an old mls logo on the photo..  It really is a sign of the others agent lack of effort and responsibility to their sellers.    I have had agents call and ask if they can use photo's and I may say yes as they asked.   But not asking and just grabing the pictures is just wrong.  

 

We are seeing a trend here after homes are sold (or right before closing) photos removed from the mls listing except one exterior.  

 

I also brand all photo's outside of the mls with my website.. just for extra exposure

Feb 24, 2017 07:51 AM
Rainmaker
4,799,732
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Ask them to remove them.  If they don't report them to the board and/or have an attorney sue them.

Feb 24, 2017 06:29 AM
Rainmaker
945,423
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

If I'm not mistaken in my area, once the pics are posted on the mls we lose rights to them

I would contact the broker and the mls myself if it is an issue

Feb 24, 2017 06:13 AM
Rainmaker
1,766,546
Lyn Sims
Schaumburg, IL
Real Estate Agent Retired

I can see a couple problems here. We are allowed in my area (IL) to say we sold the property. With that we use the front photo of the house. We do not use interior photos unless it is vacant like an REO. 

When I do Just Sold cards I use that frontal photo but I expect nothing more unless I personally took them. 

But why do I think the frontal photo is ok is because it's just what we do here regionally in Chicago. Copyright wise it is not OK & I think we should really stop using this procedure. 

Good luck reigning in a herd of cats sponsored by NAR. In other words, realtors.

Feb 24, 2017 05:51 AM
Ambassador
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Kat Palmiotti
406-270-3667, kat@thehousekat.com, Broker/REALTOR® - Kalispell, MT
Helping your Montana dreams take root

Interesting to see answers on both sides of the issue. I see you contacted the broker, which was a good move. No one should be using your photos, or those of your photographer, without expressed permission.

Feb 24, 2017 04:19 AM
Rainmaker
4,433,809
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

A friend of mine used my pictures. I ignored it.

Feb 24, 2017 04:06 AM
Rainmaker
612,606
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

I don't list so maybe I don't get it...but with all the dishonesty, incompetence, illegal kickbacks, and agents that don't pay referral fees, is a picture worth getting upset about?

Eve

Feb 24, 2017 03:51 AM
Rainmaker
915,778
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

Sue your mls, franchise and brokerage for not protecting your intellectual property and CREATING a HAZARD for the new home owner that is UNDISCLOSDED..

You are correct in realizing existing practice creates HAZARD, invasion of privacy and a prevailing creepy feeling knowing images of the interior of your new home is available for any creep to explore.

Go after the ones who created the problem. Your local mls, regional mls, broker and franchise. 

These enterprises  have agents looking the wrong direction and attack each other instead of the cause of the problem.

Feb 24, 2017 03:50 AM
Rainmaker
3,070,984
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Scott Godzyk nailed this one!

Feb 24, 2017 03:49 AM
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Caroline Gerardo - best thing is to 'request' them to take down the pictures. It works most of the time.

Feb 23, 2017 10:08 PM
Rainmaker
574,856
Diana Dahlberg
1 Month Realty - Pleasant Prairie, WI
Real Estate in Kenosha, WI since 1994 262-308-3563

Move on.  We have too many other things in life that need our attention.  I believe what goes around, comes around .. so they will get theirs -- but rise above (when they go low - we go high?)  

Feb 23, 2017 09:11 PM
Rainmaker
3,986,000
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I think a quick response is needed.

Feb 23, 2017 08:36 PM
Rainmaker
598,824
Nathan Gesner
American West Realty and Management - Cody, WY
Broker / Property Manager

Demand they take them down immediately or you will report to Broker, MLS, etc. If they refuse, file a complaint and send them a bill.

Feb 23, 2017 08:24 PM
Rainmaker
142,746
Diana White-Pettis
Bennett Realty Solutions - Upper Marlboro, MD
GRI, CDPE, CNE, WHC Upper Marlboro Homes for Sale

Now that you have contacted the broker and made him aware of the situation, you are free to move on and focus your attention elsewhere.

Feb 23, 2017 06:48 PM
Rainmaker
870,648
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Try reporting it to the MLS where the property was listed. Agents agree to their terms as part of their membership in most cases. Agents need permission to use the photos if they aren't their photos.

Feb 23, 2017 06:04 PM
Rainmaker
740,451
Steve Higgins
RE/MAX Kelowna - Kelowna, BC

Sounds like you solved the problem by calling the Broker.

Feb 23, 2017 05:52 PM
Rainer
216,394
Sharon Altier, SFR
Lawton Realty Group, Inc. - Elmhurst, IL
Your Real Estate Partner

Send them your written disapproval notice (from before) and advise them that you insist upon your images being immediately taken down or you will pursue legal recourse.  I'd contact their managing broker as well with a copy of your email.  That should do it.

Feb 23, 2017 05:35 PM
Rainmaker
1,183,850
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

In our area, you need to remove them before closing(COE). MLS can not remove for you. In my case, a broker walked into my open house started handing out biz cards. I hinted she needs to leave.  She was selling similar properties in the same complex and when her listing came up several of my photos showed up on her listing.  I called MLS and they remove these fotos.

Feb 23, 2017 05:12 PM
Ambassador
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Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Most of the pro-photos in my area are passed to the agent with free license to the agent that hired the work. I would go directly to the broker as you did and expect results. If you don't, it may very well be an ethics complaint.

Feb 23, 2017 04:56 PM
Rainer
30,172
Janey Bishop
Gold Star Realty - Calabasas, CA
SFV CA Senior & Probate RE Specialist

It definitely sounds frustrating, the saving grace is that I think it is a nice compliment to your taste.   :)

Feb 23, 2017 04:32 PM
Ambassador
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Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

I would reqeust they take them down promptly, especially since you said no, and get in touch with their broker. No response, I would report to the MLS and local Realtor Board

Feb 23, 2017 04:28 PM
Rainmaker
1,708,245
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

I would move on.

Feb 23, 2017 04:19 PM
Rainmaker
5,580,884
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

demand they take them down and forewarn them that if they don't, you'll be taking them to the next level....and it's going to cost them money.... and I wouldn't stop until I got that money...

Feb 23, 2017 04:02 PM
Rainmaker
1,558,335
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

We all know that you have to have a permission to use anything that does not belong to you, but it is not easy to enforce. I'd try to email their brokers and them ( so all in writing) with a reference to copyright law and violation?

But as others mentioned, ask your photographer first, even I doubt that they bothered to get any permissions.... 

Feb 23, 2017 03:50 PM
Rainmaker
808,903
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

Caroline Gerardo, for clarification, is it the agent that sold your house (who represented you) who is now using the photos or is it an entirely different agent using them?  If it is a different agent is it possible that they called your agent and asked permission and your agent gave them that permission?  Who paid for the photographs?  Also what are they using the photos for, is the home up for sale again?  And why are multiple agents using them?  I'm trying to get a clear picture of what is actually going on. There are a lot of variables here that will determine what can be done or not. -Kasey

Feb 23, 2017 03:27 PM
Rainmaker
1,466,027
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Caroline Gerardo Call their broker. If that doesn't work send a cease and desist letter. Tey will get the hint.

Feb 23, 2017 02:57 PM