Your property photography, used without your consent
Pictures, videos, graphics or floorplans uploaded by agents to real estate marketing websites, including realestate.com.au, may have been used without authorisation. Photographers and creators may be entitled to compensation.
How it works
- You create the workPhotographers and agents produce photos, video, graphics and floorplans for a listing.
- Uploaded to portalsThe images are published to real estate marketing websites to promote the property.
- Reused without rightsThe material is then used beyond the original purpose, contrary to your copyright.
- Recover what you're owedWe act to recover the compensation owed to you as the author of the work.
Am I eligible to join?
You may be eligible if you are a photographer or creator whose images, videos, graphics or floorplans have been used on real estate marketing websites without proper authorisation or payment.
Claim requirements
- You created the photographs You are the photographer who created the original images.
- You hold the copyright You retained copyright and did not assign exclusive rights to a third party.
- Your images were re-used Your images were re-used by an agency or vendor without authorisation.
- You have proof of authorship You can produce original files, contact sheets, or metadata.
Class actions are subject to strict limitation periods. The exact deadlines depend on the type of claim and when the loss occurred. Speak to us early so we can preserve your rights, even if you are still gathering information.
Common scenarios
These are the types of unauthorised use our investigation is examining. If yours is similar, register your interest so we can review your situation.
- Re-listing of same property
Your images were used to re-list the same property by a different agency.
- Used on a different property
Your images appeared on listings for properties you never photographed.
- Social media re-use
Your images were used in social media advertising without consent.
- Print and brochure use
Your images appeared in printed marketing materials without permission.
Types of compensation
Group members may be entitled to recover the following types of compensation. The categories that apply depend on your individual circumstances.
- Copyright Infringement Damages
Compensation for the unauthorised use, reproduction, or republication of copyrighted real estate photography.
- Licence Fee Equivalent
Recovery of the licence fees that would reasonably have been payable had proper authorisation been obtained.
- Flagrant Infringement Uplift
Additional damages available where the infringement was flagrant or the infringer benefited from the breach.
- Account of Profits
Recovery of profits the infringing party earned through the unauthorised commercial use of the images.
Copyright & the Copyright Act
Original photographs, videos and plans are protected under the Copyright Act 1968, and their unauthorised use can give rise to a claim.
- Copyright subsists automatically in original creative works.
- Unauthorised reproduction or publication may infringe.
- Strict time limits apply to bringing a claim.
Our fees
Carter Capner Law acts on a No Win, No Fee* basis for class action claims. There are no upfront costs from us to participate in an investigation or eligibility assessment. If your matter proceeds and is successful, legal costs and any litigation funder commission are deducted from the settlement, with the balance distributed to group members. We will give you a written costs disclosure before any costs are incurred and you can withdraw before the funding agreement is signed.
No win, no fee*
Carter Capner Law acts on a No Win, No Fee* basis for class action claims. You only pay legal costs if your claim is successful, and we explain all fee arrangements clearly before you sign up.
Class actions may be funded by the firm, a third-party litigation funder, or a combination. We disclose any funding arrangement clearly before you join, including how funder commissions affect any settlement distribution.
Frequently asked questions
Answers to the questions clients ask most often about this class action. If your question is not covered below, get in touch and we will respond personally.
What is the real estate photography copyright class action about?
This action concerns photographers and content creators whose pictures, videos, graphics or floorplans were uploaded by agents to real estate marketing websites and, in many cases, used contrary to the creator’s copyright without proper payment. If your images were used beyond the licence you granted, you may be entitled to compensation. Carter Capner Law can review your position, with no obligation to go ahead. Call 1300 529 529.
Who owns the copyright in real estate photos and floorplans?
Under the Copyright Act 1968 (Cth), copyright in an original photograph, video, graphic or plan generally belongs to its creator (or their employer) unless it has been assigned in writing. Commissioning or paying for a single use does not automatically transfer ownership. Using the material beyond the agreed licence — for example on multiple listings, portals or campaigns — can infringe the creator’s rights. Carter Capner Law can assess your ownership on 1300 529 529.
What counts as copyright infringement in this context?
Infringement occurs when protected material is reproduced, published or communicated to the public without the copyright owner’s permission or beyond the scope of the licence granted. Re-using real estate images across other listings, agents, websites or later campaigns without authorisation or payment may amount to infringement under the Copyright Act 1968 (Cth). Whether infringement has occurred depends on the facts and the terms of any licence. Speak to Carter Capner Law on 1300 529 529.
What compensation can I claim?
Remedies for copyright infringement under the Copyright Act 1968 (Cth) can include damages for the loss you suffered or an account of the infringer’s profits, and in some cases additional damages where the infringement is flagrant. Compensation often reflects the licence fees that should have been paid for the unauthorised uses. The value depends on the extent of use and your usual licensing terms. For an estimate, contact Carter Capner Law on 1300 529 529.
Is there a time limit to bring a claim?
Yes. An action for copyright infringement generally must be commenced within six years of the infringing act under section 134(1) of the Copyright Act 1968 (Cth). Because each unauthorised use can raise its own timing questions and delay may limit recovery, it is important to seek advice promptly. Carter Capner Law can confirm the deadlines that apply to your material — call 1300 529 529 without delay.
Will it cost me anything to join?
Carter Capner Law pursues these claims on a no win, no fee* basis, so you are not charged professional fees unless the action succeeds. Group actions of this kind are commonly supported by litigation funding or conditional costs arrangements, with any commission or costs subject to Court approval before deduction from a settlement. Registering your interest commits you to nothing. Ask us about the arrangements on 1300 529 529.
Helpful resources
Background reading and links related to this matter, including official court records, regulator updates, and consumer guidance.
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Regulator IP Australia
Visit IP Australia: IP Australia
Federal agency administering intellectual property rights in Australia.
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Reading Copyright Act overview
Read more: Copyright Act overview
Plain-English overview of photographer rights under the Copyright Act 1968.
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Help Australian Institute of Professional Photography
Visit AIPP: Australian Institute of Professional Photography
Professional body for photographer rights and advocacy.