Murfin Media Local Stations

Photographer sues Realtor.com, News Corp subsidiary for using Kelce pics

SHARE NOW

A Kansas City-area photographer has filed a federal lawsuit accusing the National Association of Realtors, doing business as Realtor.com, and News Corporate Services, doing business as Move Inc., of copyright infringement after the companies allegedly used her professional photographs of NFL star Travis Kelce’s estate without permission following the expiration of a licensing agreement.

In the complaint filed Oct. 20, in the U.S. District Court for the Western District of Missouri, Brynn Burns, a professional photographer based in Kansas City, alleges that the defendants ā€œused and publishedā€ her copyrighted photographs on their website and Instagram account ā€œwithout permission to drive millions of people to Defendants’ profitable website.ā€

Burns’ work includes images of the property where Kelce proposed to singer Taylor Swift, photographs she describes as ā€œimpossible-to-find.ā€

Burns claims the companies knowingly used the images after their license expired, choosing to ā€œbeg forgiveness rather than seek permission.ā€

The lawsuit accuses both Realtor.com and Move Inc. of violating Burns’ exclusive rights under the Copyright Act and the Digital Millennium Copyright Act.

Burns seeks injunctive relief to stop further use of the photographs and unspecified damages.

According to the complaint, Burns created and registered a collection of photographs in 2023 depicting the interior and exterior of Kelce’s residence, referred to as the ā€œKelce Estate.ā€ The images were registered with the U.S. Copyright Office on Jan. 30, 2024, under certificate number VA 2-394-359.

Burns said she invested ā€œmany hours of professional timeā€ and used high-quality photography and editing equipment to create the works, which she values at ā€œmany thousands of dollarsā€ for a national license. The photographs, according to the complaint, had significant commercial value because of their connection to Kelce and Swift.

The lawsuit alleges that Realtor.com and Move Inc. jointly owned and operated the website realtor.com and its Instagram page, using Burns’ images ā€œto promote traffic to their business websiteā€ and ā€œnationally advertise, market and promote Defendants’ business activities across the Kansas City, Missouri area.ā€

Burns claims this caused her financial harm by making her work freely available online, preventing her from selling or licensing the images.

Court filings show that on Dec. 20, 2023, the defendants paid Burns to license her work through Dec. 31, 2024, under a written agreement attached to the complaint.

The license, Burns said, made clear that the companies knew she owned the copyrighted material. However, she alleges that after the agreement expired, the companies continued to copy, store, and distribute the photographs on their website and social media accounts.

Burns claims the unauthorized display began around Aug. 12, months after the license ended and after the photographs were officially registered.

She discovered the alleged infringement in August, describing herself as ā€œstunned and disappointedā€ to see her work displayed on Realtor.com. Screenshots attached to the complaint reportedly show her copyrighted photos featured on the company’s website.

The lawsuit asserts that the defendants’ conduct was ā€œrepeated and continuous,ā€ and that they displayed the work ā€œfor purposes of advertising and promoting Defendants’ business.ā€ Burns also contends the companies removed or altered copyright management information, a violation of the DMCA.

Burns is represented by Richard A. Boytas Jr. of Voytas Law in St. Louis.

U.S. District Court for the Western District of Missouri case number: 4:25-cv-00822