DMCA Safe Harbor: Do You Have Your Risk Management in Place?

Katerina -

Many MLS Boards did not, in fact, elect to take on the liability of Designated Agent on behalf of their REALTOR members, for the very fact that they were Board owned entities.  Some, like MLSPIN in Massachusetts did, on behalf of all subscribers, but that was only for data provided by the MLSPIN IDX feed to broker or agent web-sites. 

The DMCA encompasses so much more than just a simple IDX feed.  ANYTHING on a Broker or Agent's website is fair game to claims of alleged copyright infringement.  Blogs, pictures, web copy - plus links from third party sites AND IDX feeds are subject to the DMCA.  The safe-harbor provisions of Sec 512 are much more detailed and require careful insight from professional advisors, including attorneys.  The initial electronic registration of the Designated Agent under the DMCA and compliance under the safe-harbor is not a simple 1-2-3.

Thanks for sharing this, Katerina.  Our Association has not made any reference about this yet to its members.  Will be looking into that as well as how we can at least start the compliance process by following the NAR recommendations you have posted.

I couldnt help but appreciate the "keep it simple solutions" known as KISS after reading the post

Thanks for telling us about this. We all need to be up to date on all copyright protections. 

Hello Katrina: I had no idea this existed. Of course, I am one of the few agents in Sacramento with my own IDX. Most agents don't know what it is. I just signed up, it was only $6.00 and not complicated to complete.

Thank you soooo much for posting this. If we wait for our own boards and state associations to tell us, we could be waiting a long time.

And btw I thought you were referring to the deferred action for childhood arrivals (DACA) at first, LOL, and I thought wow how nice, Katrina is helping them. Two different things.

Ugh!  Let me run screaming to the woods now!! 

But, then again, thank you for bringing this to our attention. 

Katerina Gasset WTH? I usually know about this stuff. Question for you, does this include our blog(s) as well as our websites since folks can (and do) post photos in comments?

Katerina - MLS's ARE allowed to be the "Designated Agent," although many are choosing not to be.  It's best for each Agent to check with their MLS first before choosing a Designated Agent.

Our MLS board has made no mention of it. Will check in with them. 

This is a new thought for me.

I will contact my MLS to see if we are using DMCA.

Thanks for the heads up.

This is another great reason to be an ActiveRain member! I have never heard of the DMCA Safe Harbor. I have asked the question to my Broker for our website & MLS.  Thanks so much for sharing this.

Katerina, Do you have a short verbage to use on sites under DMCA? I tried to  look up but can't find a short version.

Goodness. Bookmarking, thank you for the heads up.

Katarina thank you for this very important and valuable information. I knew about this risk but not about this easy solution to protect us.

Excellent post, and thank you very much!  I'm not sure how I missed seeing this information elsewhere, but I did.  We are now almost in compliance.  Registered, but I need to work on the website.  Again, thanks so much!

I registered an account a few days ago and wanted to come back to finish it but then I forgot yesterday.  So if I am doing this today, it does not apply for this next 3 year period?  Since we are with the same Board, I assume we need this?  Thanks  and Happy New Year to you Katerina!