AirBnB claiming "rights" to my listing pictures?

[Jonathan808]

I paid AirBNB to send a photographer and the pictures were uploaded to my listing.

I made an enquiry about downloading them and in the response I was amazed to read this?

"We want you to enjoy and share your photos, but note that they’re for your personal use only, and cannot be used on another real estate or rental site."

I do not recall agreeing to give AirBnB any rights to my images and I paid for them so I am not sure how they can claim any rights to them at all (on what legal basis?). 

Does anyone have any experience here?

If this is indeed the case I would rather reject the images and pay my own photographer (would have been the same price) ..........

Advice please...............

[Linda108]

@Jonathan808   I opted to pay my own photographer when I needed to update the pictures but there are a few from the original photographer who was provided by Air BNB for free (4 years ago).  If the photographer you used loaded the pictures via Air BNB, either when it was free or recommended by Air BNB, you do not have access to copy the pictures.

I am not sure why hosts use the Air BNB photographer as any good real estate photographer can do it and give you a thumb drive.  Probably the same price.

[Mark116]

@Linda108  Ah the good old days, when airbnb wanted to help hosts, and offered free professional photography! 

[Jonathan808]

@Linda108 Because it seemed like a no hassle solution and THEY NEVER stated anywhere in the process that you are paying for their photographs (assuming they really do own the rights).

Basically, you are telling me that AirBnB scammed me into paying for their photographs of my apartment?

I can’t believe that’s true or intended?

Hoping for some community support here!

[Paul1255 · Accepted solution]

Hi @Jonathan808  the following is in the window that you click on when you request the photography service:

Terms of Service

The Terms of Service govern the rights of you and Airbnb regarding the photographs, except that if not specified therein you a will have a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use photographs outside of the Airbnb Platform solely for your personal and non-commercial use in return for the rights you grant to Airbnb in the photographs. You recognize that Airbnb may use the resulting images for advertising, marketing, commercial and other purposes in any media or platform, whether in relation to your listing or otherwise.

[Jonathan808]

@Paul1255 

In the terms of service it states.

5.6 Airbnb may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words "Airbnb.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Airbnb Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your Airbnb Account is terminated or suspended for any reason. You acknowledge and agree that Airbnb shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing or publicity purposes, including limited use by permitted third parties, in any media or platform. Where Airbnb is not the exclusive owner of Verified Images, by using such Verified Images on or through the Airbnb Platform, you grant to Airbnb an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing or publicity purposes in any media or platform. Airbnb in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Airbnb Platform solely for your personal and non-commercial use.

So, in theory, I should be able to ask AirBNB to remove the “Verified” status (which they haven’t bothered to tag anyway) from the images whilst leaving them up on the listing and reclaim my rights to use the images everywhere.

Bottomline is that if the service was free I could understand this approach but why have I paid for images I can’t use.

It’s a bad policy and has made me very skeptical. 

I’m going to write this off to a learning curve (school fees!) and bring in a professional to do images for other sites but the taste in my mouth is not very pleasant right now!

[Helen3]

They didn't scam you, its just you didn't read the T&Cs you signed up to when booking the photographer. As was explained to you in an earlier post.

For future reference when you comission an artist, photographer, writer etc you never automatically own the copyright, you have to negotiate this separately as part of the fee if you want shared copyright and access to the photos to use as you please.

Airbnb don't offer this they offer limited access to use on their site and for your personal use.

[Jonathan808]

Strictly speaking they should post in bold before you order photographs:

Warning: If you use this service then the pictures will only be able to be posted on AirBNB and you will have no other commercial rights to them.

its not clear enough!

[Paul1255]

Agreed @Jonathan808 ! It could be clearer- there are other posts on the CC about the same issue, but also regarding what the photographer photographs and how they do so- if you pay your own photographer you have much more freedom in so many ways.

[Jonathan808]

The cost of being lazy and not reading properly - will I never learn!

[Keithlee-Mae0]

I was very disappointed of that I’m new here

[Mario370]

I too was quite intrigued and excited about having the photography service finally available in my area as most local photographers charge anything between EUR 100-200 per shoot, so when I saw that it was only EUR 75 I was ready to book it Dano. However, during the process of booking up a shoot,  I thought I would for once click on the Terms & Conditions ... and thankfully I did because I too read that all photos would exclusively belong to ABB and I couldn't use any of them on my other booking platforms...I know! what a bummer!
So back to local photographers I go, but at least I am the master of my own destiny and not tied down to these ludicrous and unreasonable conditions.

[Linda108]

What truly makes you the master of your own destiny is that you actually took the time to read what you were agreeing!  Kudos to you!