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Copyright and Real Estate Web Sites, My Experience

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

Copyright has been an abiding interest since I first discovered a number of maps copyright protected by me on another agent's web site.  In fact, 13 unique maps from my web page were boldly used on another agent's web page - without my knowledge or permission. 

What made the discovery so shocking was that I ran across them by accident while looking for an agent to refer a home buyer in the Annapolis area where I didn't have an agent available at that time. 

I'm not an attorney and write the following as a real estate broker and having been on the Internet since 1995.  That said, for interested parties, copyright protection conveys upon the creation of the image, article, writing, photograph, etc.  There is no necessity to have the copyright notice on the material.  Nor is it necessary to have the material registered to have copyright protection.  What copyright registration provides for is statutory damages.  However, the rightful owner of the copyright protected owner of the image (maps in my case), writing, article, unique compilation of information, photograph, etc. may proceed in court against a copyright violator and avail themselves of the protections of the copyright laws.  Since some of my maps have been registered and some have not, it's a time consuming process, I chose to proceed with civil litigation against the agents who owned the web page on which I found my maps. 

Fast forward to August 2006.  I have successfully settled 5 demands for damages in the Tens of Thousands of Dollars with agents/brokers who thought that it was acceptible to help themselves to the images of local maps that they found on my web pages. 

The lesson is clear.  If you didn't create it, write it, photograph it, draw it, have it made for you for a fee, DON'T put it on your web site.  For others who have found themselves in the same situation, don't let anyone get by with using your copyrighted property without your permission.   

 I'm happy to speak with anyone about this important matter. 

 

 

 

 

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Comments(59)

Brett Pehrson
Advanced Funding Home Mortgage, NMLS#13287 - Salt Lake City, UT

Lenn,

Vegas Bob is right about you always having quality posts right from the beginning!  This is a very interesting topic to me, and still just as relevant today.  I just learned something new from ActiveRain...again!  Thanks for all your wonderful contributions to the community!

Aug 17, 2010 07:23 PM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

"those were the days my friend, we thought they'd never end, we'd sing and dance" or blog.  Saw VB's post.

Aug 17, 2010 09:34 PM
David O'Doherty
Clayton, NC
Clayton NC Homes, Raleigh, NC

I don't plan on seeing Lenn's Attorney's letterhead!!!

Aug 17, 2010 11:48 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Robert.  Welcome.  I posted about it. 

Brett.  Thank YOU for being here.

Maureen.  Kinda takes us back, doesn't it?

David.  Good for you.

Aug 18, 2010 12:49 AM
Kay Van Kampen
RE/MAX Broker, RE/MAX - Springfield, MO
Realtor®, Springfield Mo Real Estate

Lenn will be a great help to anyone that has a problem.  She gave us great advice when my daughter had a problem.

Aug 18, 2010 01:10 AM
Eric Michael
Remerica Integrity, Realtors®, Northville, MI - Livonia, MI
Metro Detroit Real Estate Professional 734.564.1519

I've learned a lot from your posts, Lenn. Thanks for the time you put in.

Aug 18, 2010 01:38 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Kay.  Thanks.  Glad to help.

Eric.  Thanks for dropping by.

Aug 18, 2010 02:18 AM
Bill Burchard
3B Realty: 951-347-3818, CA - Murrieta, CA
Broker, Realtor, Representing Buyers and Sellers

Thanks for the insight, Lenn. I wondered whether it was necessary to actually post the term "copyright" or the "(c)" symbol at the bottom of my posts, or on my images... and it sounds like it's not since it's an automatic protection.

In fact, I just starting posting to my blog a couple of days ago and looked at your posts to see whether you noted copyright protection. Since you didn't I assumed that the protections were automatically in-place. Therefore, I didn't add any copyright notices to my posts. So I'm glad I read this post which confirmed my assumption. Thanks again.

Aug 18, 2010 02:26 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Bill.  Your posts on ActiveRain are copyright protected and belong to you, the creator of the content.  The protection conveys the instant you create/publish or produce your work. 

That said, if you expect to pursue violators, collect your posts and register them.  You can publish a collection for $35.  I don't see the point so I don't. 

I do register my map images though because they are used by my competitors to compete with me.  If I catch them I make them pay.

 

Aug 18, 2010 02:33 AM
Joetta Fort
The DiGiorgio Group - Arvada, CO
Independent Broker, Homes Denver to Boulder

Your post is like a cat with nine lives - it keeps getting resurrected! Goes to show you've been writing quality content since the beginning, like Vegas Bob said. Now, I'm off to find an attorney and start my 'other' income stream!

Aug 18, 2010 04:19 AM
Mike McCann Nebraska Land Broker
Mike McCann - Broker, Mach1 Realty Farm & Commercial Land Broker-Auctioneer Serving Nebraska - Kearney, NE
Farm & Commercial Property For Sale 308-627-3700

Hi Lenn, I have never responded to a four year old blog post ...until now.  I am glad this was resurrected...are the rules and guidelines still the same as when you wrote this?

Aug 18, 2010 04:35 AM
Roseanne Campagna
John L. Scott RE Maple Valley, WA - Maple Valley, WA
Kent/DesMoines/Blk Diamond/Renton/Maple Valley, WA

Well it looks like justice prevailed!! Glad I took time to read...

Aug 18, 2010 05:06 AM
Valerie Duncan Stewart
(Metro First Realty) - Oklahoma City, OK
Real Estate Agent-Broker, OKC, OK

Great topic and thanks for the reminder from the past that is still very relevant here in the present! 

Aug 18, 2010 05:16 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Joetta.  THAT is the funniest thing I've read today.

Mike.  Almost.  The copyright cert is more, by about $10, but only $35 if you register online.  Statutory damages are, I believe higher, up to $30K per use.

Roseanne.  Welcome.  Yes, justice prevailed.

Valerie.  Isn't the amazing??

Aug 18, 2010 05:25 AM
Connie Harvey
Pilkerton Realtors - Brentwood, TN
Realtor - Nashville TN Real Estate

Lenn, you're still amazing all these year later! So glad to know you and continue to read your insight!

Aug 18, 2010 06:34 AM
Mike Frazier
Carousel Realty of Dyer County - Dyersburg, TN
Northwest Tennessee Realtor

Lenn,

I did not get here until May 2007. Your early posts were great too:)

Aug 18, 2010 09:18 AM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

A wise woman who had shared that wisdom with others to try to make us all more professional!  I have found when I write to get permission to use someone's matieral, graphs, photos, they say "yes" ,... the are flattered and I attribute the matter to that person!  Of course, none of these folks have been my direct competitors.

Aug 18, 2010 10:14 AM
Robert Vegas Bob Swetz
Las Vegas, NV

Hello Again Lenn and it is quite amazing how much influence you have on other members at Activerain, please keep doing what ever your doing around the AR network because it's really working!

VB ;-)

Aug 18, 2010 11:19 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Robert.  Will do.  I enjoy this forum immensely

Joan.  Thanks.  The folks who take my maps don't ask.  They just take.

Mike.  Thanks.  I've worked hard on ActiveRain.

Connie.  I get as much as I give.

Aug 18, 2010 12:16 PM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Sage widsom and advice that is probably even more important these days. And oldie, and a very goodie!!

Aug 18, 2018 01:27 PM