copywriting

[DWiley]

what Danny has discovered regrading the accessibility of appraisals reports

Brad,

While I may be the one that has exposed this consequence of copyright registration on TAF, I did not discover it on my own. Because of all the chat about copyright I started digging around - mainly because I wanted to understand any real implications to me and my appraisal business.

I learned of the public availability of the information from others knowledgeable about the topic. I then independently confirmed what I was told by conducting my own research into the procedures, etc.

DW

 

[Joyce Potts]

The intent of Cert 21 and how and why it got there as it relates to data collection has now become crystal clear.

 

[Carnivore]

Why is it illegal for a state certified appraiser to spout off value opinions without support while a non-appraiser can freely state their opinions of value without following USPAP?

When one chooses to be an appraiser, then one accepts both the rewards and the obligations inherent in that choice. If you choose to be an appraiser, then you are required to follow accepted standards, actually support value conclusions with facts, and honor the confidential nature of the appraiser client relationship. The client has no such obligations. They are free to openly discuss many things appraisers must treat as confidential.

This is true in most professions. I can bad mouth my doctor all I want, be he can't defend himself by revealing things in my medical records.

As Mom said at her birthday dinner tonight - sometimes life is not fair

Folks,


USPAP provides a list of those who may receive such confidential information and the copyright office, and now by demonstrable evidence the public at large, is not among them.

Further, this part of the rule also references GLB. I think we all know that this covers our work as well. So, registering the copyright may well violate that as well if the report contains any confidential information at all since it can be seen in its entirety.

Brad

Brad

I have quoted both you and Danny, becauseit seems Brad that you have done a complete 180 on this issue.

Sometime in the recent past the isse was raised on who the Client actually is and and as a result can we speak to anyone else about the report.

The specific instance I can not recall, nor do I have your exact words. Essentially you said that even though your bank is not named as the client we better speak to you if you call, about an appraisal that you may have in a loan package your bank is considering for loan approaval.

Am I correct in assuming that you now will understand and not hold it againts us if we refuse to speak with you since your not the client?

That it is OK if we will not even acknolwdege the fact of even conducting an appraisal and issueing the subsequent report?

Maybe this is a have your cake and eat it too situation.

 

[Fred]

It is pretty clear that confidential information IS available publicly. While I am not disputing what Tim says is available on line and that the on-line information does not appear to disclose anything confidential, it is also clear that by going to the lengths to which Danny has gone, he has demonstrated that such data is openly available.

But even if it weren't possible to get copies for viewing, hasn't the appraiser already exposed results to the copyright office just by giving them the report copy? The act of registering the copyright includes distributing a copy of the report and the assignment results contained within.

I am still waiting to someone try to take the other side. No only because I can't imagine what it is, but it may be the first time we ended a thread with a settled issue.

FWIW, DWiley,
I have never seen anyone post for so long on one topic without me being able to find a flaw somewhere. Masterful indeed.

 

[Elliott]

To summarize: Copyright your report, some risk of violating
confidentiality (which of course could be cleared up with
an engagement letter, which the lender probably won't
accept), and the data is available if you live in Washington
DC. The same data could probably be obtained from MLS
(which includes a copyright statement too, yikes!) or
from public records (ahhh, no copyright there), at
significantly less cost. Oh, and excuse me if I missed this,
do I have to send them a physical copy of my report?

So what does all this really mean to us residential 'meat and
potatoes' appraisers?

 

[Joyce Potts]

The privacy aspect and registration of appraisals with the US Copyright Office is nothing new. It was previously addressed in the article by Terrence Canela, AI Associate Counsel, back in the first quarter of 2006 and can be accessed off the AI's membership website.

Also, Mr. Vining has not responded because he is on vacation and not due back until next week.

 

[RSW]

I understand why an appraiser would want to copywrite an appraisal. My question would be, If you registure an appraisal for copywrite, is it not made public at the copywrite office? This would be a violation of USPAP if it is and you did not get permission from your client to do so.

 

[Joyce Potts]

To summarize: Copyright your report, some risk of violating
confidentiality (which of course could be cleared up with
an engagement letter, which the lender probably won't
accept), and the data is available if you live in Washington
DC. The same data could probably be obtained from MLS
(which includes a copyright statement too, yikes!) or
from public records (ahhh, no copyright there), at
significantly less cost. Oh, and excuse me if I missed this,
do I have to send them a physical copy of my report?

So what does all this really mean to us residential 'meat and
potatoes' appraisers?

http://seattletimes.nwsource.com/html/realestate/2003730888_harney03.html

".....In fact, according to the suit, FNC "downloads this data ... and then markets" it, cutting appraisers out of potential business with no compensation."

 

[Workbox]

I understand why an appraiser would want to copyright an appraisal. My question would be, If you register an appraisal for copyright, is it not made public at the copyright office? This would be a violation of USPAP if it is and you did not get permission from your client to do so.

But what takes precedence? USPAP IS not LAW, no matter how the spinmeisters may want to spin it.

Listen Up Folks!, they are trying to scare you into thinking that you are the bad appraiser if you do certain things with your Constitutional Rights that apply to your appraisals.

Wiley can look all he wants, have all the his friends help him, and can have his interpretations and opinion and make it seem that it is golden. But in the end they are STILL opinions and interpretations, NOT LAW. At the end it will be determined in the court. So Keep regeristing your appraisals.

 

[Workbox]

Can somebody explain, Why is Fannie MAe so interested in Data Collection? are they not just to back up a loan?