COPYRIGHT IS IN THE SPOTLIGHT AGAIN - TIME TO BRUSH-UP
I know... you're probably thinking, Not ANOTHER post on Copyright! But the fact is, you wouldn't see so many if you didn't SEE SO MANY violations. Lenn Harley has made you a little cheat sheet to post near your favorite blogging computer. Now, before you hit submit, and check the little box that says the content is either YOURS - or - YOU HAVE PERMISSION to use it... check the list. TWICE!
COPYRIGHT IS IN THE SPOTLIGHT AGAIN.AN ACTIVERAIN ARTICLE TODAY INSPIRED THIS REPUBLISH.
COPYRIGHT CHEAT SHEET
Do NOT copy and paste content, articles, images (maps), photos from the Internet.
If you didn't write it, don't put it on your web site.
You can NOT avoid copyright infringement by adding a disclaimer.
Content belongs to the writer, not the publisher. We own the content in our blogs and ActiveRain has said so.
Copying and pasting content written or created by others is copyright infringement.
Content does not have to contain a copyright notice to have copyright protection.
The proper way to use content belonging to another is to publish a "snippet", a few lines, and link to the article.
Content is copyrighted the instant it is written, drawn, scratched or otherwise created.
Publishing an article written by another and giving them "credit" is a violation of their copyright.
Registering a copyright provides statutory protection.
Statutory damages for copyright infringement are from $750 to $20,000 for each violation.
Copyright laws protect the creator of the material whether or not the copyright is registered.
Copyright laws protect the creator of the material whether or not they have a copyright notice on their web page.
Copyright laws protect the creator of the material whether or not they have a warning on their web page.
Copyright laws protect the creator of the material whether or not they block capturing the image or content.
Real estate brokers have a duty to review the web site content of their agents.
Real estate agents and brokers cannot avoid responsibility for copyright infringement by blaming it on the web master or copywriter.
Real estate agents and brokers are fully responsible for every word, image or photograph that is published on the Internet on their web site(s).
Data is not copyright protected. However, once data is arranged and published as information, lists, etc. it is copyright protected.
A Table of Contents, Site Map, Index is copyright protected.
Demographic data is copyright protected if the writer arranged the data in a particular way.
Photos on the MLS belong to the original photographer. If the photo is taken by an agent and published as part of a listing, the photographer owns the photo and has given the MLS a limited copyright. The photos do not belong to the next agent who gets the expired listing. If they stay in the MLS system, they can auto-populate by address or Property Tax number. You may be able to delete your photos from the system.
You can photo the exterior of homes from a public street and publish them on your web site. The house still belongs to the owner but the photo belongs to you.
Recorded music is copyrighted.
If a person permits you to take their photo, they are giving you permission to publish it. Taking photos of persons in public places is permitted and you can publish them. Otherwise, we wouldn't have the Paparazzi.
Some "free images and photos" services on the Internet intend their photos and images to be used for personal and educational purposes only. Check their rules for use. Many do not permit their content to be used for commercial purposes.
Real estate practice is a commercial purpose.
NOTE: The above are my opinions and my opinions only. I have successfully prosecuted and collected damages from 22 copyright violators who copied images from my web sites and used them to compete with me on their web sites. I own over 100 registered copyrights. The copyright certificates cost $35 each.
For reference, SEE: http://www.copyright.gov/circs/circ1.html or consult an attorney. Mine is very expensive but he gets the job done. Most of the copyright violators who paid damages to me could have saved a lot of money by paying a modest amount when noticed. Once they try to avoid or fight, the damages to me is increased becasue I'm paying my attorney and their attorney often just runs up their legal fees. Eventually, they ALL pay.
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