Could California Bill AB-723 Change How Real Estate Images Are Used in Texas Listings?
California legislation does not typically make its way into Texas real estate conversations, but California Bill AB-723 has done exactly that. As discussions around image ownership, licensing, and MLS usage grow louder, real estate professionals across the country are beginning to ask whether a law introduced on the West Coast could influence how listing photos are used elsewhere. For Texas realtors and real estate photographers in particular, the question is not rooted in panic, but in preparedness.
At its core, AB-723 raises broader industry questions about who controls real estate images, how long those images can be used, and what happens to them when listings expire, agents change brokerages, or properties are relisted. While the bill is specific to California, its implications reach beyond state lines because real estate marketing, MLS platforms, and brokerage operations are increasingly interconnected on a national scale.
This article examines what California Bill AB-723 actually proposes, how it affects real estate image usage within California MLS systems, and whether Texas professionals should be concerned about similar changes. More importantly, it explores what Texas realtors, sellers, and media providers can do now to protect their marketing assets, maintain compliance, and avoid future disruptions, regardless of whether AB-723 ever influences Texas law.
What Is California Bill AB-723? A Plain-English Overview
California Bill AB-723 is proposed legislation designed to address how real estate images are handled once they are uploaded to a Multiple Listing Service (MLS). At a high level, the bill focuses on image usage rights, retention, and control—specifically clarifying what MLS organizations, brokers, and agents can and cannot do with listing photos after their original purpose has been fulfilled.
The intent behind AB-723 is to prevent real estate images from being reused, transferred, or retained beyond the scope originally agreed upon by the image creator or rights holder. This includes scenarios such as agents moving to a new brokerage, relisting a property under a different agent, or MLS platforms maintaining long-term access to images after a listing expires. The bill seeks to ensure that image usage aligns with the original licensing terms rather than default MLS policies.
Key elements driving interest in AB-723 include its emphasis on intellectual property rights and its acknowledgment that real estate images are not simply data attached to a listing, but creative assets governed by copyright and licensing law. For photographers, the bill reinforces the importance of usage agreements. For agents and brokers, it introduces the need for greater awareness of how listing media can be reused, or restricted, over time.
While AB-723 applies only within California’s jurisdiction, it has gained national attention because it highlights an issue that exists in every market: the disconnect between how real estate images are created, how they are licensed, and how they are often treated once they enter MLS systems. That disconnect is what has prompted professionals outside California to start asking whether similar changes could eventually appear closer to home.
How AB-723 Changes Image Usage Rules Within California MLS Systems
If enacted and enforced as intended, AB-723 would fundamentally change how California MLS systems are permitted to store, display, and reuse real estate images. Rather than treating listing photos as assets that automatically remain available within the MLS ecosystem indefinitely, the bill reinforces that images remain subject to the original licensing terms set by the creator or rights holder.
One of the most significant implications is how images are handled after a listing expires or is withdrawn. Under traditional MLS practices, images often remain accessible to brokers, agents, or even third parties long after the original listing relationship has ended. AB-723 challenges this norm by limiting continued use unless explicit rights have been granted. This places greater responsibility on MLS organizations to track image permissions rather than assuming perpetual usage rights.
The bill also affects scenarios where agents change brokerages or where a property is relisted under a different representative. In these cases, AB-723 clarifies that images do not automatically transfer with the agent or the listing. Continued use would depend on whether the original licensing agreement allows reuse across brokerages, listings, or timeframes. This represents a shift away from informal industry assumptions toward stricter adherence to copyright law.
For California agents and brokers, this means image management becomes a compliance issue, not just a marketing convenience. MLS platforms may need to implement new controls, expiration mechanisms, or permission checks to ensure they are not enabling unauthorized use. For photographers, AB-723 strengthens the enforceability of licensing agreements by aligning MLS behavior with existing intellectual property law rather than overriding it through policy.
Although these changes are specific to California, they illustrate how MLS systems can be compelled to prioritize creator rights over operational convenience, a development that has captured the attention of real estate professionals well beyond state borders.
What AB-723 Means for Texas Real Estate Photographers
Although AB-723 has no legal authority in Texas, it serves as a clear signal of where conversations around real estate image ownership are heading. For Texas real estate photographers, the bill underscores the growing importance of treating listing media as licensed intellectual property rather than disposable marketing content that automatically follows a property or an agent indefinitely.
One of the most immediate implications is client expectation management. As national real estate news circulates and brokerages operate across multiple states, Texas photographers may encounter agents who assume that image usage is becoming more restricted everywhere, or conversely, that images should transfer freely without limitations. Clear, written licensing agreements become the primary tool for eliminating ambiguity and protecting both parties.
AB-723 also reinforces the need for photographers to define how images may be used across listings, time periods, brokerages, and marketing channels. Without explicit terms, photographers risk having their work reused in ways they did not intend, while agents risk unknowingly violating usage rights. The bill highlights that MLS systems are not a substitute for proper licensing and should never be treated as a blanket permission mechanism.
From a business standpoint, Texas photographers who already operate with professional contracts, clearly stated usage rights, and consistent delivery standards are well-positioned. Those relying on informal practices may find themselves increasingly out of step with industry expectations. Even without legislative pressure, the market is moving toward greater scrutiny of image rights, driven by legal awareness, brokerage risk management, and evolving MLS policies.
In this context, AB-723 functions less as a threat to Texas photographers and more as a warning sign. It highlights the importance of proactive professionalism, ensuring that image ownership, licensing, and usage are clearly defined before questions arise, rather than after a dispute forces the issue.
Could AB-723 Impact MLS Practices in Texas Indirectly?
From a legal standpoint, California Bill AB-723 has no authority over Texas MLS systems. Texas real estate is governed by its own state laws, regulatory agencies, and MLS organizations, none of which are obligated to adopt California-specific legislation. However, the absence of legal force does not eliminate the possibility of indirect influence.
Many MLS platforms, brokerage franchises, and real estate technology providers operate on a national scale. When policy changes occur in a large market like California, those changes can prompt internal reviews, risk assessments, or voluntary policy adjustments elsewhere. In some cases, MLS software vendors may choose to standardize image handling features across all markets rather than maintain state-by-state distinctions, especially when copyright liability is involved.
National brokerages may also respond by tightening internal guidelines around image usage to ensure compliance in all markets, not just California. When this happens, agents in Texas could encounter new brokerage rules that limit image reuse, require documented licensing, or discourage carrying images from one listing to another without explicit permission. These shifts are driven by risk management rather than legislation.
It is also important to distinguish between legal requirements and operational policy. Even without a Texas law equivalent to AB-723, MLS organizations could adopt stricter image retention or reuse policies simply to reduce exposure. If that occurs, the practical experience for Texas agents may feel similar to legislative change, despite no law being passed.
For Texas real estate professionals, the key takeaway is awareness. While AB-723 does not directly affect Texas MLS systems, it highlights how quickly long-standing industry assumptions can be reexamined. Staying informed and working with media providers who understand licensing and MLS compliance helps ensure that any future policy shifts, voluntary or otherwise, do not disrupt active listings or marketing strategies.
Is Texas Likely to Pass a Law Similar to AB-723?
At present, there is little indication that Texas is preparing to introduce legislation comparable to California Bill AB-723. Texas and California differ significantly in how they approach regulation, particularly in industries tied to property rights, contracts, and business operations. Texas has historically favored market-driven solutions and contract law over prescriptive regulatory frameworks, especially when existing intellectual property laws already address the underlying issues.
In Texas, disputes over image ownership and usage are typically resolved through contracts and established copyright law rather than MLS-specific legislation. This means responsibility largely rests with photographers to define licensing terms and with agents and brokers to understand and honor those terms. Because legal mechanisms already exist to address misuse, there has been less pressure for state lawmakers to intervene.
Another factor limiting the likelihood of similar legislation is the structure of Texas MLS systems and real estate governance. Texas operates under multiple independent MLS organizations and associations, reducing the probability of a single, statewide policy shift driven by legislation. Changes, when they occur, are more likely to emerge as MLS policy updates or brokerage-level rules rather than statutory mandates.
That said, legislative environments can evolve. If disputes over image ownership become more frequent, high-profile, or costly, pressure could build for clearer regulatory guidance. However, even in that scenario, Texas would more likely emphasize contractual clarity and industry standards rather than adopt a framework mirroring California’s approach.
For now, the most realistic path forward in Texas is not new legislation, but improved education, clearer agreements, and professional media practices. By addressing image usage proactively, the industry can resolve most concerns without requiring lawmakers to step in, making a Texas version of AB-723 unlikely in the near future.
Practical Takeaways for Texas Realtors and Sellers
Regardless of whether AB-723 ever influences Texas law or MLS policy, the conversations it has sparked highlight several practical considerations Texas real estate professionals should already be addressing. Image usage, licensing clarity, and long-term marketing value are no longer abstract concerns, they directly affect how listings are managed, reused, and protected over time.
For realtors, this begins with understanding that not all real estate images carry the same usage rights. Photos taken for a single listing may not automatically transfer to future listings, new brokerages, or extended marketing campaigns unless those rights are clearly defined. Relying on assumptions rather than documented permissions introduces unnecessary risk, particularly as brokerages and MLS platforms grow more cautious.
Sellers also benefit from working with professionals who treat listing media as strategic assets rather than disposable content. High-quality images are often reused for future marketing, portfolio listings, and neighborhood promotion, making it important that those assets are created with longevity and compliance in mind from the start.
This is where working with a purpose-built service matters. RealShots Platinum is designed specifically for Texas realtors and sellers who want professional real estate imagery paired with clear, business-friendly usage practices. Rather than creating uncertainty around how images may be used, RealShots Platinum supports consistent marketing, MLS compatibility, and long-term value, helping listings remain compliant, polished, and adaptable as needs evolve.
The broader takeaway is simple: legislation may change, policies may shift, but clear agreements and professional standards remain constant. Texas real estate professionals who prioritize those fundamentals are far less likely to be affected by future regulatory or MLS adjustments, regardless of where they originate.
Conclusion: What Texas Real Estate Should Take Away from AB-723
California Bill AB-723 does not change how real estate images are used in Texas today, but it does expose an industry-wide issue that has existed for years: uncertainty around image ownership, licensing, and long-term usage. While the bill is geographically limited, the questions it raises are not. As real estate marketing becomes more digital, more reusable, and more interconnected across platforms and states, assumptions that once went unchallenged are increasingly being scrutinized.
For Texas realtors, photographers, and sellers, the most important takeaway is not concern, but preparedness. MLS systems, brokerages, and media providers are all under growing pressure to align their practices with existing copyright law rather than informal norms. Whether changes come through legislation, MLS policy updates, or brokerage risk management decisions, professionals who rely on clear agreements and professional media standards will be least affected.
Texas is unlikely to adopt legislation mirroring AB-723 in the near future, but that does not mean the industry can ignore the broader trend toward clarity and accountability. The smartest response is proactive: working with experienced media providers, understanding usage rights, and treating real estate imagery as a long-term marketing asset rather than a one-time deliverable.
Ultimately, AB-723 serves as a reminder that strong marketing is not just about how images look, but how they are managed, protected, and used over time. For Texas real estate professionals, staying ahead means choosing solutions, like RealShots Platinum by ZeroFilm DELTA, that combine visual quality with strategic foresight, ensuring listings remain effective, compliant, and future-ready no matter how the landscape evolves.
