Using Someone Else’s Sale Photos or Videos to Resell Property Can Be Copyright Infringement
In today’s online marketplace, it has become common for sellers to reuse photos or videos they find online to help market their own listings. This often happens with real estate, vehicles, luxury goods, horses, collectibles, and other high-value items. The assumption is usually the same: “If it’s just being used to sell the same thing, that must be allowed” or “Since I purchased the item I also own all the media associated with it.”
That assumption is wrong.
Using another person’s photos or videos—without permission—to resell an item or property can constitute copyright infringement, even if the content accurately depicts the item being sold and even if the original creator no longer owns it.
Who Owns Sale Photos and Videos?
Under U.S. copyright law, the person who creates a photograph or video automatically owns the copyright at the moment it is created. No registration, watermark, or notice is required.
That ownership belongs to the photographer or videographer—not to the owner of the property being photographed, and not to subsequent sellers—unless there is a written agreement transferring those rights.
This means:
A real estate agent’s listing photos are typically owned by the agent or photographer.
A seller’s horse sale videos belong to the seller or the videographer.
A seller’s product photos belong to the seller who created them.
Ownership of the item does not equal ownership of the media.
Reselling the Same Item Does Not Grant a License
A common misconception is that reselling the same property shown in the photos somehow creates an implied right to reuse those images. It does not.
Copyright law protects the expression of the work—the framing, lighting, composition, editing, and creative choices—not the subject matter itself. Even if the photo accurately shows the item you are now selling, copying and reposting it is still copying a protected work.
Unless the copyright owner has granted permission, reuse is unauthorized.
“But I Didn’t Claim the Photos Were Mine”
Attribution does not cure infringement. Crediting the original seller, tagging them, or stating “photos via previous listing” does not create a legal right to use copyrighted material.
Similarly, removing a watermark or cropping an image can actually worsen the violation by suggesting willful infringement.
Fair Use Rarely Applies to Sale Listings
Some sellers attempt to justify reuse by claiming fair use. In commercial resale contexts, that argument almost always fails.
Courts evaluating fair use look at factors such as:
Whether the use is commercial (sale listings are)
Whether the work is copied verbatim
Whether the new use is transformative (most resale listings are not)
Whether the use substitutes for the original market
Using photos or videos to market a sale is classic commercial exploitation—not commentary, criticism, or education—and is therefore unlikely to qualify as fair use.
Real Consequences for Unauthorized Use
Copyright infringement is not a technicality. Consequences may include:
DMCA takedowns and account strikes
Removal of listings from platforms
Monetary damages, including statutory damages
Attorney’s fees in registered works
Court orders prohibiting further use
In some cases, repeated misuse across platforms can significantly escalate exposure.
How to Sell Safely and Legally
To avoid infringement, sellers should:
Take their own photos and videos
Obtain written permission or a license from the copyright owner
Use media provided by a broker or agent with confirmed rights
Commission new marketing materials when reselling high-value assets
When in doubt, assume reuse is not permitted.
Bottom Line
Just because a photo or video or phtoos exists online does not make it free to use. And just because you now own the item depicted does not give you the right to copy someone else’s creative work to sell it.
If you are using photos or videos you did not create, you may be exposing yourself to copyright liability—often without realizing it.
If you are unsure whether your marketing materials are compliant, or if your content has been copied without permission, consulting with an intellectual property attorney early can prevent costly disputes later. Reach out to us at https://long.law/intake to book a free consultation.