copywriting

[DWiley]

Carney,

The regulation posted deals with the confidentiality of Statements of Account and Verification of Audit Filings. How exactly does that relate?

More to the point, if there was some provision to protect confidential information in appraisal reports, then how were assignment results retrieved from your own report without your knowledge or consent?

I agree that Federal laws generally trump State laws. But rights granted at the federal level can be given up.

For example, the Constitution provides for freedom of speech. However, if one chooses to become a certified real estate appraiser in a mandatory State, then one has given up the right to speak about value opinions without supporting those opinions with fact.

If an appraiser communicates an oral report, can he/she then claim that he/she does not have to follow USPAP because of the First Amendment? After all, other citizens (e.g. the owner) are free to say what he/she thinks the property is worth without any supprt.

I don't see the federal/state conflict as being a real issue here anyway because I don't see any conflict. There is nothing preventing compliance with both (1) the copyright law and (2) state laws that require one to follow USPAP.

DW

 

[Carnivore]

danny,

What I posted indicates that there could be a procedure for appraiser to protect confidentiality if the need is known to the copyright office. If they can do it for the digital industry why not the appraisal industry!

That above whole setup was a way to deny access to the documents.

You were able to retrieve, because I did not attempt to prevent someone from looking. ftr, I have the clients permission to register the copyright of the the report in question. I specifically ask for permission, because I foresaw a problem of non-compliance in USPAP regarding confidentiality.

So you have a point. It a good one, but I dont see it as something that can not be overcome.

 

[Workbox]

Workbox,



I see you are in Texas.

How much you want to bet that USPAP is incorporated into law either directly or by reference in virtually every state?

Just how do you think these state boards and agencies enforce it? Sheer good looks?

Call Wayne Mayo in Richardson- your former TALCB chair. He'll tell you.

Brad

States Enforcing USPAP? That is sure is for another thread. As for good looks, remember that study about how good looking folks always win. Well.......I've had my compliments , even here, so I might give it a try (Sorry, that was to easy). Why would I want to call a former member? But I do have the current members numbers, I will call this week.

Besides there is so much muddy waters now about this issue, that it's going to be up to the Courts to decide. So we can go around and around and around .................

As for Bets, this is not the hand I am betting on, the game is still going and the cards are hot, I'm watching other sweat.

 

[Couch Potato]

Carnivore,

Did you READ it?



So you are recording your appraisals on digital audio media? Interesting. Post one on youtube so we can all hear it!

Brad

You have to read a little more. It does address confidential material and the need to prevent disclosure.

 

[DWiley]

What I posted indicates that there could be a procedure for appraiser to protect confidentiality if the need is known to the copyright office. If they can do it for the digital industry why not the appraisal industry!

That above whole setup was a way to deny access to the documents.

I agree that it demonstrates a mechanism for protecting confidentiality in some cases. This might be a precedent to reference for those interested in the matter.

As for the "Why not" question - they may be reluctant just because of the relatively tiny number of appraisal reports that are registered (as compared to the recording industry). Of course, one never knows.

Have a good evening

DW

 

[Workbox]

I agree that it demonstrates a mechanism for protecting confidentiality in some cases. This might be a precedent to reference for those interested in the matter.

As for the "Why not" question - they may be reluctant just because of the relatively tiny number of appraisal reports that are registered (as compared to the recording industry). Of course, one never knows.

Have a good evening

DW

The relunctance may be to the fact that they are scared that they may loose business/Blacklisted if they do when they read those updated BS contracts. But since many are the "flooded ones" and not really in it for the profession, and just to fill the need for the AMC's/Lenders and data miners. What kind of resistance of questioning are you going to get?

You know very well that most of the flood of Skippy Licensing was due to the Brothelhood allowing it to happen for the subprime/wholesale data mining partners.

Bless their hearts, they had/have no idea what hit them or is going on.

 

[DWiley]

The relunctance may be to the fact that they are scared that they may loose business/Blackmailed...

True. Some may be reluctant for that reason.

I am reluctant to register copyrights because I see little benefit for the residential appraiser. While extracting passages from narrative reports may be a legitimate concern, I don't see it as a big issue for the residential appraiser using a Fannie Mae form. Even if there is an issue, one has copyright protection without registration.

As I have demonstrated, copyright does not make it illegal to data mine, and most of us are signing away the right to distribute the report to a large group of folks anyway.

In the few instances people have infringed on my copyrights, the advertising benefit outweighed any damage, so I would have been crazy to pursue it.

The cost/benefit anlaysis just doesn't compute for me. The whole point of my research was to make an independent decison about whether it was worthwhile to register copyrights of my reports. I conclude it is not worth it for me.

 

[Workbox]

In the few instances people have infringed on my copyrights, the advertising benefit outweighed any damage, so I would have been crazy to pursue it.

Oh really, you sure are spending A lot of time on here recently. Your last post indicated Good Night. I'm on here and working on a two reports as I post.

Come On DW, you know very well that many of are getting work in some cases, because the AVM's don't jive with them or the data is so hacked that they have to send us out. Is that advertising? There is plenty of evidence that shows the lenders protocols, before they request a live appraisal.

 

[DWiley]

Workbox,

I too am working on reports. I often do a little report typing after the kids go to bed.

What I was referring to was language, sketches, etc. lifted from reports and used in property brochures, usually with a tag line that says something like "as sketched by The Wiley Group."

Technically, they have violated my copyright, but they have also put my company name out for others to see

DW

 

[Joyce Potts]

What about paragraph 22? Even if it authorizes distribution, it does not afford the recipient to copy, distribute, publish, make derivatives or perform publicly.

BTW, if I register my appraisals under a different 'company name' or 'entity', what is the likelihood of anyone being able to access those appraisals? Needle in a haystack? Think about that for a second.

If a tree falls in the forest and no one is there to hear it, does it still make a sound?