Nightstalker wrote in post #12620180
Yes and no. Surely it depends on the details of the agreement with the first realtor and on the specifics of the licence that was sent with the images in the first place.
I can easily see a situation where the homeowner sees the shot and asks "can I have a copy of that". Later the homeowner passes on the photo to the new realtor not knowing that he is effectively doing something wrong.
It could well be that the first realtor passed the images on to the home owner who then passed it on to the new company believing that he was doing no wrong.
The blame could therefore lie with :
1 - the initial realtor for exceeding the terms of his licence (if indeed he did) by letting the home owner have a copy
2 - compounded by the home owner passing on the image (in his mind legally) because it is unlikely that the initial realtor would have bothered giving him a copy of the licence or sublicinsing
3 - the second realtor for illegally downloading the image from the first realtors site
There are probably a few other options as well...
Definately not a cut and dried case IMHO.
You are definitelly making it more complicated than it actually is. The second realtor has absolutely NO excuse, considering that the OP had already informed him that he is using the image without permission. So even if your scenario is correct, the realtor should have taken the image down or simply paid the guy the going fee.
If I was in the OP's shoes I would take the guy to a small-claims court (whatever the equivalent in his jurisdiction), present the judge with copies of all requests for taking down the image, copy of the image on the website (still not taken down after numerous requests), my image copyright and a document showing the average going rate for similar images, then request to be paid that average rate.
There is really no need to involve a lawyer at this point. Chances are you'd be granted the money 99% of the time.