Lender Requesting Copies of MLS Sheets.

[NC Appraising]

STREETLINKS?


You are selling copyrighted info correct?

Yes, most MLS has "customer" report that can be given out to buyers and sellers. Even when you print out the "customer" report, it still has the copyright symbol at the bottom... at least mine does.

What you are being asked to do is different. You are being asked to take copyrighted info and use it for a profit.


Just like a copyrighted news article. You can print it and share it with your family at dinner time, but you cannot PDF it and put it in your newspaper to make a profit from it.

 

[CANative]

Send a client or public report printout like JTip suggested. We pay for MLS just like the agents so we should be able to use it.

 

[DMZwerg]

Send a client or public report printout like JTip suggested. We pay for MLS just like the agents so we should be able to use it.

For limited purposes as defined in the MLS agreement? Yes.
Willy-nilly however we want? No.

See NC's response ...

You are selling copyrighted info correct?

<snip>

Just like a copyrighted news article. You can print it and share it with your family at dinner time, but you cannot PDF it and put it in your newspaper to make a profit from it.

Most MLS have permitted uses defined and generally only the submitting broker can make unlimited copies for distribution purposes, etc. Generally appraisers are specifically defined as being limited to uses that directly support value in an appraisal. I don't think sharing it in the ways defined by the AMCs constitutes "direct support of value" and therefore likely does not constitute "fair use" either, especially as the appraiser is making money off the use when it is not a use for which permission is directly granted. Therefore I recommend getting permission in writing from the local MLS before agreeing to such requests.

 

[CANative]

We're not selling the MLS information to our clients. We are providing it as supportive documentation for our value opinion.

 

[Mr Rex]

It would be interesting for a MLS service owned by First American to sue one of the big boy AMCs owned partially by First American for copyright enfringement.:new_smile-l:


It would get especially interesting if it was for one of Fannies forensic reviews.

 

[stangtime]

I've only had the request once or twice but when they have asked I've done what a few of the others have done; I include a scan of the tear sheet or customer printout in its entirety with the MLS copyright information clearly shown. This is the printout that is permitted to be sent to prospective purchasers with the agent's contact information at the bottom.

Dan

 

[DMZwerg]

We're not selling the MLS information to our clients. We are providing it as supportive documentation for our value opinion.

Please look up the term "fair use" as it applies to copyrighted information.

Then look up the trouble that artist who was doing the "Change" paintings. He was not selling the photograph he used as a basis but rather copies of the art he made / come up with using the photograph, but since the original photograph could easily be identified from his art (aka, not sufficiently altered) he got in trouble for SELLING copies of his "Change" poster. Had he not tried to sell the posters he may have been covered under "fair use", but he did and thus got into trouble.

Likewise, as long as you don't actually include COPIES of the copyrighted MLS listings you may well be covered under "fair use" (which is likely why many MLS have the appraiser exception in place anyhow), especially if most of the information is available or able to be confirmed via other (public) sources, but directly including copyrighted material copied and pasted into something you are getting paid for and doing so without the express permission of the holders of the copyright can well get you into real trouble.

The biggest problem is that since the INTENT is to supersede the need for the client to directly contact the local MLS and pay for its copyright information such inclusion is likely in violation of "fair use" and thus copyright. This is different than a RE Agent handing out a listing for which the INTENT is for the person to consider the property and potentially purchase it and then not only yielding profit for the Agent but also the Broker who owns/co-owns the copyright with MLS, which is part of the intent. Note that the freely distributed copies at the residence are generally only made and placed at the direct instruction of the Broker who owns/co-owns the copyright of the particular listing and thus one reason the owning Broker has a defined exception to printing & using copies of MLS Listings in the MLS documentation.

:new_smile-l: Sometimes I think I know too much about copyright & IP. :new_smile-l:

 

[DMZwerg]

I've only had the request once or twice but when they have asked I've done what a few of the others have done; I include a scan of the tear sheet or customer printout in its entirety with the MLS copyright information clearly shown. This is the printout that is permitted to be sent to prospective purchasers with the agent's contact information at the bottom.

Dan

I fired a client because they specifically stated the information HAD to be included in the report itself. Providing one copy for the file is one thing (and may be a valid use of tear sheets), but to provide a copy that will then absolutely be distributed along with the appraisal, by law, to persons other than the client ... um, no. Couldn't get them to understand that there are laws against that

 

[NC Appraising]

We're not selling the MLS information to our clients. We are providing it as supportive documentation for our value opinion.

I see it's still copyrighted at the bottom of the MLS print outs that you posted?
You ARE selling copyrighted info. Hence your just copying the info word for word.

This was one of the best examples our MLS guy gave us....

There are several agents who specialize in million dollar water front homes and they spend $1,000-$2,000 on a helicopter and boats and other very expensive professional photographers to take THEIR pics that the agent OWNS.

So if that listing expired, does the new agent have a right to use the others AGENT OWNED and PAYED for photos? NO!! Thats why they go through the time and trouble to put a COPYRIGHT SYMBOL ON EVERY PHOTO AND MLS PRINT OUT.

Same with the other data in the MLS sheets. It's theirs and not ours. There are limits on how we can use the data.

EX: If you subscribe to a monthly on line magazine, you have the right to read and to print the info, but you cannot just take someone else's work to make a profit off of. It's not right.

 

[CANative]

Sometimes I think I know too much about copyright & IP.

I agree with this. I suspected as much.:icon_mrgreen: