Zillow Gone Wild Fails to Avoid Copyright Infringement Claims

Zillow Gone Wild must face copyright infringement claims over its social media and blog posts that included a real estate photographer’s images.

The company didn’t transform or otherwise “add value” to Jennifer Bouma’s copyrighted photos to support its fair use defense, Judge Orelia E. Merchant of the US District Court for the Eastern District of New York said in a Monday order.

Bouma sued Kale Salad Inc., which does business as Zillow Gone Wild, alleging the company posted her several of her photos of a home for sale on its website and social media feeds without her consent.

Zillow Gone Wild is a popular Instagram account showcasing eccentric home listings found on the Zillow platform.

Bouma took photos “for the purpose of capturing the likeness of homes for real estate listings,” and the company allegedly “similarly used” those photos to do the same for listings discussed in its blog posts, Merchant said. Beyond minimal and immaterial cropping of Bouma’s photos, the company purportedly used each of her photos in their entirety and “simply copied and pasted them to its blog and social media feeds without any alteration,” the judge said.

Bouma also plausibly claimed the company’s use of the photos was commercial in nature because its posts gained more traction and the photos were reposted by other websites linking to the Zillow Gone Wild site. Bouma didn’t allege facts about a market for her photos or any usurpation of that market by the company’s alleged infringement. But because Zillow Gone Wild’s alleged use “was commercial and nothing more than a duplication” of her photos, there’s “a presumption of market harm,” the judge said.

The nature of the copyrighted works favor neither Bouma nor Zillow Gone Wild, Merchant said. Although Bouma’s photos involved “some element of creative expression reflecting Plaintiff’s framing choices,” her photos “purport to depict reality.” But since the other factors weigh in favor of Bouma, her claims survive dismissal.

But Bouma can’t seek statutory damages or attorneys’ fees since the alleged infringement occurred roughly five months before she registered the photos with the US Copyright Office, Merchant said.

The Law Office of David C. Deal PLC represents Bouma. Lewis Brisbois Bisgaard & Smith LLP represents the company.

The case is Bouma v. Kale Salad Inc., E.D.N.Y., No. 1:24-cv-05250, 9/15/25.