Complimentary MLS Upload Service

Convenience Meets Compliance

Snap2Close is pleased to offer our clients the convenience of media uploads to the Multiple Listing Service (MLS) as part of our Silver, Gold, Platinum and Titanium Packages. Our Bronze Package customer can pay for this additional service and will find it as an Add-on time on our portal. We understand that maximizing efficiency is crucial for successful listings, and this value-added service is designed to save you time.

However, while this service provides immense convenience, it is essential for real estate professionals to understand the crucial legal and compliance risks associated with uploading media to the MLS, particularly when a third party (like a photography service) is involved.

The MLS Upload Landscape

The practice of a photographer uploading media directly to the MLS for a client exists in various markets. Some markets may allow photographers to upload if they are approved by the MLS, meaning they accept responsibility for issues caused by inaccurate media. In other service areas, only licensed realtors may upload to the MLS. When non-licensed individuals, such as assistants or third-party vendors, perform uploads using an agent’s login, they may be technically violating the MLS service agreement.

Because your local MLS may have specific policies governing who can upload media, agents who utilize a third-party service like Snap2Close for uploads must be aware that they remain the party legally responsible for ensuring compliance with all MLS rules and, most critically, copyright law.

Risk 1: Copyright Ownership and Unauthorized Use

The most significant risk involves copyright and licensing. Many agents mistakenly assume they own the photographs outright once they have paid for the shoot. Under U.S. copyright law, the person who creates the image—the photographer—automatically owns 100% of the rights to that photo the moment it is taken.

When you hire Snap2Close, you are generally granted a license to use the photos, not the full ownership (copyright) of the images themselves. This licensing model is what allows real estate photography costs to remain affordable, as you are essentially “renting” the use for a specific purpose (marketing one property). Snap2Close, as the creator, retains control over when, where, and how the images can be used, reproduced, or distributed.

Severe Consequences of Infringement

Using images without the photographer’s explicit, authorized permission, or using them outside the scope of the original license, can lead to serious legal consequences. Potential penalties for copyright infringement can include significant statutory damages, possibly up to $150,000 per image, plus legal fees. Furthermore, the willful removal or alteration of copyright registration information (such as embedded metadata) by an unauthorized user is prohibited and can drive damages even higher under statutes like the Digital Millennium Copyright Act (DMCA).

Risk 2: Ensuring the MLS Has the Necessary Rights

When an MLS Participant (the agent or broker) submits photographs to the MLS, they must represent and warrant that they own the right to reproduce and display the media, or that they have procured these rights and all necessary licenses from the appropriate parties.

If Snap2Close provides photos that you authorize to be uploaded to the MLS, you, the client, are responsible for having the written documentation that authorizes this use. MLS rules typically require that the listing agent and broker obtain written documentation from the rights holder (Snap2Close, in this case) which grants the MLS an:

Verbal permission to use media subject to copyright protection is insufficient for purposes of the MLS and for your general protection.

Risk 3: Unauthorized Sub-Licensing to Third Parties

When utilizing media uploads for convenience, agents must be vigilant about the terms they agree to on various platforms. Certain third-party tools or platforms linked to the MLS may ask the agent to agree to terms that include granting usage rights for the listing media.

You do not have the legal authority to grant those rights unless you own the images outright—which is typically not the case under standard real estate licensing agreements. Giving or selling the images (sub-licensing) to anyone else—including the builder, stager, interior designer, or even the seller/buyer—is generally prohibited under a limited license unless prior consent or a separate license fee has been paid to the photographer.

If a third party (like a builder or stager) wishes to use the photos, they must contact the photographer directly for permission and possibly pay a license fee for their specific use.

Summary of Client Responsibility

While Snap2Close offers free uploads for your convenience, by utilizing this service, you acknowledge that the responsibility for proper documentation, compliance with MLS rules, and the possession of valid usage rights rests solely with you and your brokerage.

If you submit photographs to the MLS, you are representing that you have the right to authorize and are authorizing the MLS to publish the photograph wherever the MLS data is intended to appear.

If you choose to have Snap2Close Real Estate Photography upload your media to MLS then please complete the form below.