Who "owns" The "appraisal Report"?

[CANative]

A judge or court would likely have to decide that intellectual property part of the question. The government may wind up doing it in a round a bout way before it's over.

Judges, courts and the government. There it is again.

The intellectual process in an appraisal assignment is retained in the appraisers head and the appraiser keeps reminder notes in the work file. I can use my intellectual property to create more work product for other users and no one can say no or grill me on the stand to dump the contents of what's in my skull.

 

[Meandering]

They can own a license to use, only as a reference to the effective date of value, as your opinion does not extend before or after the effective date. Otherwise,

THEY CAN'T OWN YOUR OPINION.

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[bnmappraisal]

or grill me on the stand to dump the contents of what's in my skull.

isn't that called the 5th amendment?

 

[CANative]

A judge or court would likely have to decide that intellectual property part of the question. The government may wind up doing it in a round a bout way before it's over.

Judges, courts and the government. There it is again.

The intellectual process in an appraisal assignment is retained in the appraisers head and the appraiser keeps reminder notes in the work file. I can use my intellectual property to create more work product for other users and no one can say no or grill me on the stand to dump the contents of what's in my skull.

isn't that called the 5th amendment?

I consider myself part of the Naval forces and that we are in a time of war (or at least public danger.)

 

[Eli]

This is a disclosure that I have seen in an appraisal report from a very reputable appraiser:


"XXXX appraisal company, expressly retains all right, title, and interest in all patents, trademarks, trade names, trade secrets, software, data, conclusions, opinions, valuations, or other information included in, arising out of, or in any way related to this appraisal or the provision of appraisal services to the named client and/or Intended User. The appraisal report and information supplied by the staff and/or agents of XXXX appraisal company is a culmination of intellectual education, professional experience, personal investigation, and know-how, which shall at all times remain the property of XXXX appraisal company. No person shall be entitled to break down, strip out, mine, or disseminate any component or part of this appraisal report, including, but not limited to, any conclusions, valuations, opinions, or other data compilations herein. Notwithstanding, the Intended User as defined below may use this appraisal report and the contents herein for the limited purpose and use identified below."

He shared it with a bunch including me or I wouldn't have shared it. My point is this is how some appraisers view intellectual property and their reports. Terrel referenced intellectual property in the original post.

 

[alex gilbert]

THEY CAN'T OWN YOUR OPINION.

Ok - but you can't share your opinion with anyone else without their permission.

 

[Meandering]

Ok - but you can't share you opinion with anyone else without their permission.

Client has demanded full ownership of this appraisal. I hereby relinquish all my ownership rights and responsibilities to said appraisal in my conveyance of it to the client.


Don't be silly.

The report is not a tangible like a car, if it's emailed, or uploaded.

The report is the representations of the appraiser's opinions.

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[CANative]

The appraisal is the appraisal and the report is the report. The appraiser owns one and the client owns the other.

 

[DWiley]

This is a disclosure that I have seen in an appraisal report from a very reputable appraiser:


"XXXX appraisal company, expressly retains all right, title, and interest in all patents, trademarks, trade names, trade secrets, software, data, conclusions, opinions, valuations, or other information included in, arising out of, or in any way related to this appraisal or the provision of appraisal services to the named client and/or Intended User. The appraisal report and information supplied by the staff and/or agents of XXXX appraisal company is a culmination of intellectual education, professional experience, personal investigation, and know-how, which shall at all times remain the property of XXXX appraisal company. No person shall be entitled to break down, strip out, mine, or disseminate any component or part of this appraisal report, including, but not limited to, any conclusions, valuations, opinions, or other data compilations herein. Notwithstanding, the Intended User as defined below may use this appraisal report and the contents herein for the limited purpose and use identified below."

He shared it with a bunch including me or I wouldn't have shared it. My point is this is how some appraisers view intellectual property and their reports. Terrel referenced intellectual property in the original post.

I too have seen such comments in reports. On Fannie Mae forms, such comments are not allowable because they conflict with the pre-printed certifications.

 

[Terrel L. Shields]

I see a lot of commercial reports that are copyrighted. So if I copyright the report, how can they claim ownership without I surrender the copyright?