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The worst offender seizing content? Would you believe your own MLS?

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

MLS stealing listing information???  I don't believe so.

Read Richard's thoughtful post.  However, I see this quite differently.  Our MLS has the same clause.

IMO, what they're saying is "LISTING CONTENT" belongs to the MLS, which is a warning to other agents that the listing CONTENT is copyright protected and agents cannot take that content and use it.

The listing broker still owns the right to advertise that property.  However, neither they nor anyone else can use the "LISTING CONTENT" reflect in the MLS listing information report.

If the listing agent provides a photo they took, the copyright for that photo still belongs to the agent who took the photo, EXCEPT as it is included in the MLS listing information report.

Original content by Richard Weisser

The worst offender when it comes to seizing content? Would you believe your MLS?Real estate agents and brokers beware! Your MLS has probably recently changed its terms of service and is now taking OWNERSHIP of your content.

With all of the cyberbuzz about FaceBook seizing the posted content as its own, few realize that this attitude towards the intellectually property of others is pervasive throughout the real estate purview.

From the Georgia MLS:

Listing content including, but not limited to, photos, images, drawings, graphics and virtual tours related to listed property become the property of Georgia MLS at the time of submission.

Note that this is not a revocable license to use and distribute the work. It is the forfeiture of ANY claim to ownership.

If you ask me, it is thievery under duress.

But fear not, the MLS as we know it is on the way out anyway. This last ditch effort to resell our hard work is just another nail in the coffin.

And it can’t happen fast enough for me.

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Comments(7)

Richard Weisser
Richard Weisser Realty - Newnan, GA
Richard Weisser Retired Real Estate Professional

Lenn...

It says that the submissions become the property of the MLS. FMLS offers a revoccable license BACK to the agent to use their own work. The key here is ownership. You have relinquished ownership at the time of submission. 

Nov 29, 2012 05:51 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Richard.  That may be going a bit too far. 

My reading of the advisory is just like our MLS, but I've spoken with them and they only have limited copyright for the listing report.

Very complicated.

OTOH, with that license BACK, the agent is protected.  This would appear to give the MLS power to pursue copyright violators.  Maybe not such a bad thing.

Nov 29, 2012 06:07 AM
Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Lenn

Richard is right the MLS owns the Content and the Copywriter's rights.

Good luck and success.

Lou Ludwig

Nov 29, 2012 09:36 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Lenn, I will have to ask the Realtors that I work with if this change has taken place in our MLS.  That does not sound good.

Nov 29, 2012 10:17 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Lou.  Richard is half right.  The MLS owns the copyright to the LISTING REPORT.  They do not own the data nor do they own the right of the listing broker to use the listing information for advertising/promotion, etc. 

George.  This is a tempest in a teapot.  Our MLS has had the same policy for many years.  This is all based on a misreading of the term "listing content". 

Nov 29, 2012 06:57 PM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

This question has been around forever. If you ask a hundred people this question their answers will be split down the middle.

Nov 29, 2012 07:53 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Joe.  Depends on how the question is asked.

Nov 29, 2012 08:07 PM