The Copyright Act requires a “writing … signed by the owner” to transfer ownership of the copyright itself. 17 U.S.C. § 204. This means the copyright owner must provide written consent and a signature to transfer ownership to another party regardless of the medium. Which leads me to ask: what counts as a signature? Is it only when we sign our full name in a little box on a website, or do we provide a signature whenever we create an account on the site? I believe it’s the former; transferring ownership over to a piece of art requires a signature every time one wishes to transfer said ownership.
In its current state, I believe Zillow’s terms may allow them to obtain some sort of license to use real estate photos uploaded by its users. However, I don’t believe it would grant them complete ownership of the copyright of the photo because the copyright owner, the user, has not provided the company with explicit and written consent and a signature. And while I could see why Zillow would want to obtain ownership of the copyrighted photos, I don’t believe it is worth the trouble. Not only could it lead to a plethora of legal issues, but it may also direct traffic away from their site because copyright owners refuse to sign away their copyright
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