DMZwerg
Senior Member
- Joined
- Mar 25, 2009
- Professional Status
- Certified Residential Appraiser
- State
- Wisconsin
So if I'm understanding the absolute stance taken by some here regarding the copyright issue, then am I to assume that when a realtor provides a CMA to his seller clients with MLS photos, that they have either: 1) Directly obtained permission from all the respective agents who listed those properties to use the photos in CMAs, or 2) Violated copyright law?
Yes (or probably), IF they are selling the CMAs for money.
If no money changes hands it could be a different story.
Also, the permission may only have to come from MLS, all depending (see below).
Somebody is going to point out that agents distribute client versions of MLS sheets next. Actually, those agent distributed sheets are why most MLS systems have some fine print stating that they hold partial/total rights to the information contained within (even photos). Remember, I mentioned talking to MLS *OR* calling the brokers.
Now then, if you go and read your local MLS rules & regs you will find that a member agent/broker is granted limited rights to print a limited number of copies (note: no money exchanges hands for the copies of the listings) and there is usually a disclaimer that the listing broker can print unlimited copies of the client listings for distribution. That is part of the whole purpose of MLS therefore even if they lock down all the rights if they tried to deny those uses they would be out of business because brokers would not list through them and agents wouldn't rely on them to aid in finding houses.
Appraisers are 3rd class citizens at best for most MLS and appraisal reports often face harsh limitations because they are "selling the information directly" so to speak (which is why some have/had limiters that the appraiser could only include information necessary to support the value).
And the same applies to appraisers? That when we do a retrospective field review wherein clients such as Fannie Mae require full-page scans of the MLS listings of all original sales, reviewer sales, listings, and sometimes all the listings in the CMA-- that we have to seek the permission of each and every agent, whether or not they are still active and available, because the photos are their property and we otherwise violate copyright law?!
Maybe.
Why would Fannie care if you are violating agreements with your local MLS or even copyright laws? the appraiser would be violating them, not Fannie.
Also, as I stated, many MLS have print that they get partial/all copyright on all information entered, their forms, and all photos.
Or maybe, just maybe, we all pay yearly dues and monthly usage fees
No, we pay ACCESS fees. Dues are for membership without which access is denied. Guild structure and fairly typical.
for MLS data, which includes a limited (implied/implicit) permission to reproduce said data in routine reports which serve the entire membership.
Yes, we get limited permission, but to USE the data necessary, not to copy and pilfer whole sheets (or photos) outright and get paid for it.
You cannot tell me that there is no scope for the limited use of MLS photos to provide reliable data to the bona fide parties of transactions upon which the very existence of the MLS is predicated-- realtors, sellers, buyers, lenders, et al.
Listing broker is not limited as he would own the copyright fully if he did not use the MLS.
Agents print sheets in VERY limited quantities and give to clients, but they don't get paid for the sheets, they get paid for selling the house.
Appraisers get paid for information directly and therefore are even more limited. MLS exists to help Realtors (R), not appraisers.