copywriting

[Steve Metz]

Keep in mind most MLS photos are copyrighted. I know that no here ever uses them in thier reports but most MLS's have that in thier agreement.

 

[DWiley]

Keep in mind most MLS photos are copyrighted. I know that no here ever uses them in thier reports but most MLS's have that in thier agreement.

Yes. However, MLS agreements often grant permission for use of the photos in work covered by one's license. It is wise to check one's specific MLS agreement to verify what is and is not allowed. MLS terms of use vary from one locale to another.

Just this week I used an MLS photo for a home on a secluded site.

 

[Elliott]

Curious stuff. Appraiser sues and wins a big settlement with a real
estate broker over copyright. Lenders don't like copyright. So are
appraisers being denied one of the fundamental freedoms under the
constitution? Sounds like it has to be litigated for the next 20 or so
years and it will become crystal clear, maybe.

 

[DWiley]

So are appraisers being denied one of the fundamental freedoms under the constitution?

The Constitution protects one's property rights. Appraisal reports are protected by copyright law even if you do not register them. However, working for lenders is not a Constitutional right.

Appraisers who don't wish to send reports on forms that include a signed agreement to allow re-use of the information on those forms can choose to work for clients that don't require such things as a condition of engagement. For example, they could do art appraisals like Mr. Metz, or they could appraise homes only for agents, owners and lawyers.

 

[Fred]

Brad,
You were quoted in WORKING RE that IndieMac would not accept an appraisal report noting any copyright. Can you tell us if Fannie or Freddie has any position on this issue?

Brad may know, but in the meanwhile, you can peruse certification 21 on the 1004 to get some hints.

 

[George W Dodd]

Because of positions I have held in the past, this is a topic I have researched fairly extensively. The banter on this Forum has inspired me to do even more research on the matter.
DW

Danny,

In one thread you say you only represent yourself and The Wiley Group, I have to ask why then you have to reference your former position on the ASB. Everything you have said is your opinion. And your opinion is your opinion. I and others disagree with your analysis.

If you don't believe in copyright for appraisals fine, but you shouldn't be using former positions as legitimacy for your position. You do us all a disservice.

 

[Joyce Potts]

Danny,

In one thread you say you only represent yourself and The Wiley Group, I have to ask why then you have to reference your former position on the ASB. Everything you have said is your opinion. And your opinion is your opinion. I and others disagree with your analysis.

If you don't believe in copyright for appraisals fine, but you shouldn't be using former positions as legitimacy from your position. You do us all a disservice.

Well said, Mr. Dodd.

 

[DWiley]

I have to ask why then you have to reference your former position on the ASB

Mr. Dodd,

Sorry, I actually don't associate everything with USPAP and/or the ASB.

I was referring to a past position I held for the AI. (Do you really think the AI got involved in AIRD without researching this issue?) It is you that has brought up my ASB service.

If you don't believe in copyright for appraisals...

Have you even read what I have posted, sir? I do firmly believe that appraisers can copyright appraisal reports. Many appraisal reports are registered with the Copyright Office, a fact anyone can verify using the SEARCH feature at copyright.gov. Knowing that, asserting that one could not copyright an appraisal report would be foolish.

What I do not believe is that copyrighting an appraisal report "protects" the data in the way many seem to think (or at least want to think).
____________

Perhaps you will take up the challenge of my previous question -If copyrighting an appraisal report protects data such as the GLA, then why will the Copyright Office provide that data (the GLA) from registered appraisal reports to anyone who requests it?

I think I have asked this 3 times now, and the silence has been deafening.

I also note that no one (other than Brad) has addressed the matter of making assignment results available to the public via copyright registration. Anyone could get the value conclusion while they were looking up that GLA.

Yes, I have opinions on the issue. They are my own personal beliefs, and they are based on factual research, not on the propaganda of a company trying to undermine the business of another company.

I find it amusing that my motives are challenged, but the motives of the for-profit entities stirring this up are not. If AI was putting this out and offering seminars about it, is there any doubt that many on this Forum would claim it was just so they could sell their seminars? But some entities get a free pass on such matters.

One of those posting most often about the protection and benefits of copyrighting appraisal reports has registered a copyright on exactly one report since 2004. Actions speak louder that blogs.

If you don't want to address these questions, feel free to continue the ad hominem approach.

Danny Wiley

 

[Fred]

If you don't believe in copyright for appraisals fine, but you shouldn't be using former positions as legitimacy for your position. You do us all a disservice.

I'll assume you meant registering or something to that effect, because the work is copyrighted by virtue of its creation, whether we "believe in it" or not.

I think his contention of whether registered material becomes public material is a matter of fact, not opinion. It's either true or not. If it's true, that is not an opinion about registering, but merely a consequence of it.

Of course, someone could argue the act of revealing assignment results to the US government during the registry process, even the government doesn't make them public, is already a violation of confidentiality.

 

[Elliott]

I guess I can understand the pros and cons of copyright.
I guess what I don't understand is why an Appraisalport
or a LSI, eAppraiseIt or other AMC can make me sign unilateral
agreements but fail to tell me straight forward that they
have every intention of stealing every bit of data and
analysis I produce and re-sell it. Makes me feel like
Little Richard or the Platters when Pat Boone steal my
song, changes the arrangement, and makes a lot of money
from it. I'm sure the AMCs enjoy it because its like
adult shoplifting.