Key Details:
- Zillow Gone Wild is being sued for copyright infringement by real estate photographer Jennifer Bouma for using two of her images without her consent in a post that appeared on the ZGW website and social media.
- In her lawsuit, filed in the Eastern District of New York, Bouma and her attorney, David C. Deal, are claiming up to $150,000 for each photograph.
Zillow Gone Wild has earned its notoriety for posts about unique and (at times) controversial real estate.
From its humble beginnings as a pandemic-era hobby for former BuzzFeed writer Samir Mezrahi, ZGW has gained a massive following and even spawned a reality series on HGTV.
But a new lawsuit filed late last month could end all that.
Fast Company reported on the lawsuit this morning, laying out the facts of the case and presenting a few (divided) expert opinions on how this could go.
Bouma’s case against Zillow Gone Wild
Jennifer Bouma works as a real estate photographer. According to her complaint, she visited 21632 High Rock Road—a castle-themed property on 18.75 acres in Monroe, Washington—in September 2021 and took a series of photographs for Realtors. In January 2022, Bouma registered her photographs with the U.S. copyright office.
The property sold in December 2022 for $1.925 million. But while the home was still on sale, in February 2022, Zillow Gone Wild posted about the property on social media (Instagram, Facebook, and Twitter/X) as well as on its Substack.
That post, which featured two of Bouma’s photographs—one of the dragon statue in the garden and the other of the dining room with a long table and decorative suits of armor—has since been deleted from all social channels.
According to Bouma’s complaint, neither Zillow Gone Wild nor its parent company Kale Salad ever contacted her about using her photos in the post. She didn’t even know the post existed until April 2024, when she discovered her photos had been used.
David C. Deal, Bouma’s attorney, says she’s “far from the only photographer whose work was co-opted by Zillow Gone Wild.”
As he told Fast Company,
“Zillow Gone Wild . . . are in the business of copying the work of others for display on their website and social media.”
Deal also said he was “forced to litigate” since negotiations with Kale Salad and its insurance provider fell apart over the amount the latter was willing to cover for using the images. The fee under negotiation was far less than the $300,000 maximum possible damages ZGW could end up paying if the court rules in Bouma’s favor.
As Deal put it,
“Our demand was probably something in the neighborhood of $12,500 or $15,000 for each of the images.”
ZGW creator Samir Mezrahi has not responded to Fast Company’s request for comment.
A few ways this could go
At least two outside experts have weighed in on the case.
From the University of Sussex copyright law expert Andres Guadamuz:
“The case is straightforward copyright infringement…I honestly can’t see a way out for the people running the site.”
But according to Northeastern University law professor Alexandra J. Roberts, Mezrahi could argue the use of Bouma’s photos is protected under the fair use doctrine that “allows for limited use of copyrighted materials.”
“The character of the defendant’s use is an important factor,” Roberts said. “And in this case, the use appears to be comment and criticism—and perhaps satire—which are core functions that fair use aspires to protect.”
That said, as Roberts herself added, the fair use doctrine generally applies to excerpted or remixed works, while Bouma’s photographs were published in their original form, “which weighs against fair use.”
For his part, Bouma’s attorney is “particularly intrigued” by the prospect of litigating the fair use doctrine:
“If they want to fully litigate the issue of fair use, it comes with a lot of risk to it…If they lose, they really lose, because we have all these other clients, who are in effectively the exact same position as Miss Bouma.”
The third possible outcome is a settlement. But the question remains whether Zillow Gone Wild can afford one—especially if the prospect of paying a five-figure amount was enough to halt the aforementioned negotiations.
Back in April (2024), Mezrahi told the Washington Post that the Zillow Gone Wild account brought in “very little money.” And we don’t know the terms of the HGTV contract. But in a July 31 (2024) Twitter/X post, ZGW shared a screenshot of its earnings over the past few weeks. Revenue from June 21 through July 19 totaled $242.24.
So, it’s fair to wonder whether Zillow Gone Wild will survive this legal challenge, not to mention similar ones that could follow if appealing to the fair use doctrine backfires.
