As disclosed on February 22 by the CEO of CRMLS, we want to emphasize to agents that their brokerage office should carefully review all photo and other media licensing agreements prior to posting them in the MLS.
Brokers must not place media that is subject to inadequate license agreements into the MLS. Inadequate license agreements include those that contain any limitations on the use of media after marketing of the property stops or any limitation on the ability to sub-license the media.
If you have any doubt about the scope or limitations in a license a photographer provides, CRMLS recommends having a knowledgeable attorney with a full understanding of the CRMLS Rules review the license. Brokers may also choose to use only photographers that appear on the CRMLS Photographer List, as all of them have agreed to provide the MLS-required license. We provide this list on our website and update it frequently: https://go.crmls.org/photographer-list/
CRMLS has always taken copyright infringement seriously. As I said in this video on the topic from 2018, even a single infringement can exponentially impose liability on everyone in the MLS.
The CRMLS Knowledgebase contains more detailed information about using professional photographs. You and your agents are welcome to contact Compliance with questions during live chat hours, Monday-Friday 8:30 AM – 4:00 PM, at https://go.crmls.org/compliance/.