Photographer Sues Zillow Gone Wild for $300K Over Unauthorized Use of Images

Photo byCanva Pro Photos

In a legal showdown that could impact Zillow Gone Wild’s operations, professional photographer Jennifer Bouma has filed a $300,000 lawsuit against the parent company, Kale Salad, Inc. The lawsuit, initiated on July 29, centers on Bouma's claims that her photos were used without permission.

The dispute began when Bouma, hired by listing agents Barbara Orr and John Logue, captured images of a medieval-style estate in Monroe, Washington, in September 2021. The photos, featuring a dramatic dragon statue and an Arthurian dining room, were later posted by Zillow Gone Wild across its social media platforms in February 2022. Bouma only became aware of the unauthorized use in April 2024, after which she attempted to negotiate compensation.

Initially seeking $12,500 to $15,000 per photo, Bouma’s efforts to settle with Kale Salad, Inc. faltered. Her attorney, David C. Deal, is now pursuing the maximum statutory damages of $150,000 per image, in addition to attorney fees (Deal, 2024). “Zillow Gone Wild operates by reproducing the work of others for their platform and social media,” Deal stated (Deal, 2024).

The lawsuit pits Bouma against Zillow Gone Wild and its founder, Samir Mezrahi. The defendants have yet to comment publicly on the case. Deal anticipates that Zillow Gone Wild might argue their use falls under the fair use doctrine, which permits limited use of copyrighted material without permission under certain conditions.

The U.S. Copyright Office's fair use guidelines deal suggest that non-commercial educational use and transformative use—where new meaning is added—are more likely to be considered fair. However, the assessment of fair use depends on multiple factors including the nature and purpose of the use, the amount of copyrighted material used, and the effect on the original creator's market (U.S. Copyright Office, 2024).

Copyright experts are divided on whether Zillow Gone Wild’s use will be deemed fair. University of Sussex’s Andres Guadamuz views the case as clear-cut copyright infringement, noting that Zillow Gone Wild typically posts images without significant alteration (Guadamuz, 2024). Conversely, Northeastern University’s Alexandra J. Roberts suggests that the commentary and critique offered by Zillow Gone Wild might support a fair use argument (Roberts, 2024).

The deal is prepared for a protracted legal battle, noting that a loss could trigger similar lawsuits from other photographers. “If Zillow Gone Wild chooses to contest fair use fully, they risk a significant precedent that could affect numerous others in the industry,” Deal warned (Deal, 2024).

This lawsuit challenges Zillow Gone Wild’s content practices and underscores ongoing tensions in the digital age between copyright enforcement and the evolving norms of content use.