A simple written request, delivered certified mail, to the real estate company using the photo as an ad, asking for it to be removed and never used again without written permission, is in order, if the owner doesn't want it used.
Unauthorized use IMO and there should be a whoopin!
Unless it's a "group" shot of the community or something similar, they shouldn't be using a photo of a house they aren't selling in an ad - especially w/o permission!
Permission and maybe a nominal fee is the norm in scooterbugland.
that is a good question, maybe the person using the picture had assumed the permission was given. I know for a fact it is a recent photo of the house with new owners. so past permission would be moot.
If the photographer was allowed to be in the space to take the photo (inside) or if the location shot is visible from a public area, the ONLY person who owns any copyright is the photographer. So... if the photographer has given permission for the photo to be used, nothing has been violated. But, if the photo was yanked from somewhere and used without the photographers permission, then the photographer has the right to ask that it be removed.
How would someone know if a photo is copyrighted with any markings?
It's generally the source, unless the picture is explicitly listed as public domain or free use it should be assumed that it is copyrighted.