1.What AB 723 is about
California’s AB 723 (Business and Professions Code section 10140.8, in effect since ) covers digitally altered images in real estate advertising. When a real estate broker or salesperson, or a person acting on their behalf, advertises a property with an image that was altered to add, remove or change things such as furniture, fixtures, paint, flooring, landscaping or views, the ad must say, on or next to the image, that it was altered, and link to a publicly accessible website, URL or QR code where the original, unaltered image can be seen.
The law says routine edits do not count as “digitally altered” when they don’t change how the property is represented: changes to lighting, exposure, white balance and color correction, sharpening, angle, straightening, cropping, and other common photo editing adjustments.
The law places these duties on the broker or salesperson and on people acting on their behalf. BrackIt is a software tool and does not publish listings.
From , a separate law (Civil Code section 1940.11, added by Assembly Bill 2025) covers rental listings: anyone who advertises a rental with a digitally altered image must disclose it and include the unaltered image, or a link, URL or QR code to it. On the same date, section 10140.8 stops applying to leases of more than one year.
2.State rules in BrackIt
When you create an account you can pick the states you shoot in, and every job has a property state and a listing type (sale or rental). The job’s state, not your profile, decides which rule BrackIt applies. Rules come from a list we keep and review, and each one starts on its effective date: for example California sale listings since January 1, 2026, California rentals and Wisconsin from January 1, 2027. Jobs created before this feature have no property state until you add one.
When a rule applies and a still is digitally altered (see below), BrackIt marks it, burns the label into the downloaded file, and shows the label next to the photo on your tour link. A setting in Account settings, Label altered photos in all states (on unless you turn it off), adds a “Digitally altered” label in states without a rule too. For aerial jobs BrackIt shows a drone reminder for the property’s state and asks you to confirm you have permission to fly.
The state notes are summaries for information, not legal advice, and our list may be incomplete or out of date. Where we haven’t checked a state’s rules, we say so and suggest you check your local and MLS rules.
3.HDR merges: your own exposures, combined
A still labelled HDR is made only from the bracketed exposures you shot of the same scene. BrackIt lines the frames up and blends them so that the room and the view through the windows are both properly exposed, then applies light noise reduction and contrast.
It does not add, remove or replace anything in the scene. What it shows is what your camera captured.
4.“Enhanced” single photos: adjusted
When a set has only one photo (for example a drone or exterior shot), BrackIt can’t do an HDR merge. It adjusts that one photo instead: brightness, contrast, color balance and noise. These stills are always labelled Enhanced (a single exposure, not an HDR merge) so it’s clear they were adjusted rather than merged.
5.Changes to what’s in the photo
BrackIt does not currently offer edits that change the contents of a photo, such as virtual staging, removing objects, replacing the sky or changing finishes. If we add features like these, every image they produce will be marked digitally altered automatically. HDR merges and brightness or color adjustments are not marked. If a still was changed in other ways (for example staged in another program before upload), you can mark it as digitally altered yourself on the job page, and it is labelled the same way.
6.Your originals are kept and downloadable
- Every file you upload is stored unchanged. Processing writes a new file and never overwrites an original.
- On each job, every finished still has its original exposures right next to it, ready to open or download.
- Originals stay available for as long as your account is open (see the Privacy Policy), so you can supply the unaltered version whenever it’s needed.
- BrackIt’s stored originals are private to your account unless you turn on public original links for a job (below). The law expects the original to be publicly accessible, for example on the listing website or through a public link.
- Public original links (opt-in, per job): when you turn this on, each digitally altered still gets its own public link and QR code that shows the original photo as captured, with camera details and location data removed. Anyone with the link can see that photo. The links don’t expire; they stop working if you turn the option off, unmark the still or delete the job or your account. Your tour link shows the link next to each altered photo, and the downloaded still carries it under the label.
7.Who discloses on the MLS
The listing agent (and their broker) is responsible for disclosure. BrackIt labels the files it gives you and the tour pages it hosts as described above, but it doesn’t publish listings or upload to the MLS, and it can’t check how the photos are used after you download them. Whether a particular edit counts as “digitally altered” is a judgment for the agent, broker and anyone acting for them. Individual MLSs may have their own labeling rules too.
If you’re a photographer who edits or delivers images for agents, the duties may reach you too, as someone acting on an agent’s behalf. We can’t decide that for you, so ask a lawyer if you’re unsure.
If you’re a photographer, we suggest telling your agent clients which stills are HDR merges and which are Enhanced single photos, and sending the originals along with the finished stills.
8.Not legal advice
This page explains how BrackIt treats your photos. It is not legal advice. For questions about your obligations, talk to your broker or a lawyer. For questions about BrackIt, write to us at support@brackitphoto.com.