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COPYRIGHT IS NOT JUST FOR THE PROFESSIONAL WRITERS OR PHOTOGRAPHERS. YOUR WEB SITE HAS VALUE. YOU CAN PROTECT IT.

By
Real Estate Agent with Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate 303829;0225082372

COPYRIGHT IS NOT JUST FOR THE PROFESSIONAL WRITERS OR PHOTOGRAPHERS.  YOUR WEB SITE HAS VALUE.  YOU CAN PROTECT IT.

Inspired by C Tann-Starr who writes about the electronic copyright registration process,Alert

I am not an expert.  I am not an attorney and the below is not intended as legal advice.  The below represents my experience protecting my online advertising content.  I receive many inquiries from ActiveRain friends about an experience they have had when they've discovered that a competitor is using their content on a competing web page.  My first question is usually, did you register your web page, image, photo, etc. with the copyright office.  The answer has always been "no".

If you are a real estate agent or broker engaged in online marketing of your services, you may have discovered that another web site contains blocks of content or photographs or reports that you wrote or compiled and published on your web page. 

Below are some ideas for what may be registered to protect your online advertising.  Lake Linganore home

A web site.  That part of your web site that contains original content can be registered.  You wrote it.  You own it.  You don't want to see your content on a competitor's web site.

Photographs.  You shot them.  You own them.  You don't want to see them on a competitor's web site.

Graphic images.  You designed them or created them or hired someone to produce them for you for a fee.  You own them.  You don't want to see them on a competitor's web site.

                      Cecil County Map

 

Demographic reports.   You compiled the data.  You published the reports on your web site.  You own them.  You don't want to see your demographic reports on a competitor's web site.

Market reports  You compiled the data.  You published the reports on your web site.  You own them.  You don't want to see your demographic reports on a competitor's web site.

and more.  All may be worthy of copyright protection. 

What can be copyright protected.  All of the above. 

What cannot be copyright protected are ideas and data.  If you have an idea for a web page, don't just think it, write it.  If you have collected interesting data about your market area, compile that data into an organized report and it may be worthy of copyright protection.  Don't just copy and use reports that have been compiled by another, collect the original data, organize it into a report format and publish it.  That report may be worthy of copyright protection.

Once published, you have the material to capture or print and register with the U.S. Copyright office.  Once registered, you have powerful copyright protection from the plagiarizers and copyright thieves who are simply too lazy or opportunistic to create their own original advertising content. 

                                                                              * * * * * *

(c) Statutory Damages. -

(1) Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.  (emphasis added)

                                                                               * * * * * *

If you've invested time, resources and energy into the development of online advertising to promote your real estate services to consumers, you do not want to see your content on a competitor's web site.  It is not a compliment when a competitor steals your original content and uses it in their advertising to compete with you.  You are justified to feel outrage.  I do.

Legal representation to pursue a copyright infrinter is expensive.  Attorneys, to the best of my knowledge, do not take copyright cases on a contingent fee basis.   My attorney sends me a bill monthly and I pay it monthly.  Good legal representation is simply a cost of doing business. 

Courtesy, Lenn Harley, Broker, Homefinders.com, 800-711-7988.

 

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Comments(34)

Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Val.  Thank your for that.  Sue's comment is libelous.  That comment will be reproduced across the Ethernet and it will not be the first time I've been libeled.  This is the first time it's been done where the writer is traceable. 

Posting such an accusation is either a deliberate attempt to disparage me, accuse me of copyright infringement or other unethical or illegal conduct.  By not showing an example, it's especially dangerous to my reputation because it simply creates the impression that I'm dishonest, but not specific enough for me to either defend myself or do anything more than refute their accusation. 

It's interesting that the accusation is coming from a competitor.

I have printed the comment. 

May 23, 2010 01:44 AM
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

When I go looking for information on copyrights my first stop is your past blog posts Lenn. There is a world of information from your past experiences...

May 23, 2010 02:11 AM
Sacramento Grapevine
SacramentoGrapevine - Roseville, CA

Just a note for the Macintosh users,  the online forms are not 100% compatible with a macintosh or the macintosh browsers.  I had to use a pc to complete my forms.

 

SindeeLou

http://www.sacramentograpevine.com/

http://www.sanfranciscograpevine.com/

May 23, 2010 02:13 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Sue just called me and I believe she now understands the difference between copy and paste of a photo shot and published by someone else and the IDX site managed by our MLS.  My IDX site is managed by our MRIS IDX site, Homesdatabase.com to which I've subscribed since it was first offered in, I believe 1998 or so. 

If agents don't want their listings and the photos therein included in the IdX sites for syndication, their broker can simply "opt out".

I don't need to use photos of others, I have a library of thousands of photos and images that I either shot or created for my own use.   I've created many demographic reports for my own use, I don't use anything created by anyone else.  In fact, I rarely even link to other souces of data or reports because I don't like outgoing links on my web pages or blog posts.  (I love incoming links.)

What I do not do and have seen other agents do, is pull the photo from an MLS or IDX listing, crop the copyright notice, and publish that edited photo as their own on their web site.  I've had that heppen to me, which is one of the reasons I suggest that agents delete their photos from the MLS when the listing has expired, withdrawn or sold. 

Sue understands the difference now.

May 23, 2010 02:19 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Paul.  Thanks.  I'm not an attorney, but I can share my experiences with AR friends.

 

May 23, 2010 02:27 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Sindee.  Thanks for that advice to Mac users.

BTW, since you are advertising your website on my blog, how about giving me a link from your blog to my web site, http://www.homefinders.com .

May 23, 2010 02:29 AM
Roger D. Mucci
Shaken...with a Twist 216.633.2092 - Euclid, OH
Lets shake things up at your home today!

You girls got me a little nervous this morning...............lol.  Glad you worked it all out!

May 23, 2010 02:31 AM
Sacramento Grapevine
SacramentoGrapevine - Roseville, CA

Lenn,

 

Done

May 23, 2010 02:41 AM
Lina Robertson
AMAX Real Estate - Springfield, MO
REALTOR® Serving Springfield, Nixa and Ozark, MO

Lenn, I took photos of our local St. Jude's Dream Home last week and came in the office and waved them in front of my Mom.  She said, "Oh, great, I'm going to use those."  I said, "Oh no you dont, I'm calling Lenn Harley!!!!"  LOL  Her gasp was audible.  I told her she could simply "reblog".  :)  Of course, this was all in good fun.  Thanks so much for the information!

May 23, 2010 02:46 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Sindee.  Where?????

May 23, 2010 02:49 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Lina.  HA!  Fun indeed.  That said, you bring up a good point, the ActiveRain REBLOG.  Many members eschew that feature.  I embraced it the day it was announced. 

Fabulous syndication.  The writer gets Internet synergy by posting their reblog and the blogger gets syndication through that reblog of their post. 

Fabulous.

May 23, 2010 02:52 AM
Sacramento Grapevine
SacramentoGrapevine - Roseville, CA

Lenn,

 

http://www.sacramentograpevine.com/blog/view/id_367/title_virginia-&-maryland-homes-for-sale/

 

If you would like it changed or any additional information added,  just send me an email.

Off to have breakfast with my husband will be back in 1 hour.

May 23, 2010 03:04 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Sindee.  Fabulous.  Thanks.  I just gave you a link from my ActiveRain blog links.  They are very powerful. 

May 23, 2010 03:10 AM
Mark Watterson
Salt Lake City, UT
Utah Real Estate

I'm always learning something new.  I didn't realize this was a option for my website.

I also learned even more from the comments.  Thank you for sharing.

May 23, 2010 05:46 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Mark.  Thanks for dropping by.  How about checking the "Thumbs Up" button???? 

 

May 23, 2010 06:08 AM
Susan Gaieski
Water Pointe Realty Group - Jupiter, FL
Director for Social Media & Technology

Lenn, recently my broker and I had a similar situation where they actually tried to copy our content and name of website.  Wished I had read all your blogs about copyrights and protection....thanks..

Aug 12, 2010 12:56 PM
Sylvie Zolezzi
Decker Bullock Sotheby's International Realty - Greenbrae, CA

Hi Lenn,

What I want to know if how you create your gorgeous maps.  Thanks.

 

 

Sep 22, 2010 05:52 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Sylvia.  HA!  Trade secret.

Susan.  Never too late.

Sep 22, 2010 11:57 AM
Stanton Homes
Stanton Homes - New Home Builder - Raleigh, NC
Design/Build Custom Home Builder in North Carolina

Lenn - been looking all over for the answer but I bet you know.   If I register my sites, does that protect everything that has been published on the site?   Or do I need to register individual articles?  You are an inspiration!

Dec 22, 2011 02:35 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Penny.  The copyright office can register a web site.  Of course, if you update or change the content, it will not be worth much. 

I have six individual articles published and copyrighted.  I don't plan to change them, but I've not regestered any web sites because I update them (not as often as I should).

If you register a web site and update it, just re-register it.

 

Dec 22, 2011 03:49 AM