As a broker or agent, you may own or have the right to use the information associated with your listings—photos, virtual tours, written descriptions, remarks, or other information. Understanding the different rights you may have to this information is the first step before making decisions about how to use or share listing information.
Watch: How Copyright Affects Real Estate
Copyright Resources from Texas REALTORS®
The Texas REALTORS® Legal Department has created a number of model polices and addenda that cover copyright issues related to the creation and sharing of listing information and photographs. These forms help you reduce your risk of being subject to copyright infringement claims. You may choose to use one of the forms or all of them.
Model Addendum to Independent Contractor Agreement Regarding Listing Content
This form is designed to address the ownership of listing content created by an agent and third parties. It grant the broker the rights necessary for the broker to use the listing content in the MLS.
Model Copyright Policy
This policy instructs agents on how to properly use listing content and the types of agreements they must secure. The policy is similar to the above addendum but also addresses how the agent should use listing content and provides instruction as to how the agent should handle a notice of infringement.
Photography Agreements
- Model Work Made for Hire Agreement: This form states that the broker is the owner and author of the photographs from their creation.
- Model Assignment Agreement: This form states that a photographer assigns all rights to the photographs to the broker.
- Model License Agreement: This form states that the photographer retains ownership of the photographs but grants to the broker a license to use the photographs.
Could you please address this information with regard to listings? I do not understand how we are forced to allow third parties access to our listing services if the listings are copyrighted. It seems to me that TAR/NAR are our “union”, and I am not aware of any other unions that are forced to grant access to their data base.
Yes, great question. It seems our listings automatically go to 3rd-party sites without permission from us. Does HAR grant that permission as a condition of using the HAR MLS?
What’s worse is 3rd party sites are allowed to use the photos but other agents within the same MLS are not.
Can we add “photo by ‘JOHN DOE AGENT’ ” in every photo we posted?
Is it that our own associations are allowing third parties to “copy” our listing information. Then, they sell data thru leads back to MLS members???? LOOKING FORWARD TO SOME ANSWERS PLEASE!!
I guess I’m even more concerned about NAR and the Realtor.com scenario. After setting it up and encouraging all Realtors to acquire a domain of “.Realtor”, they sold the business off, and now the buyer is selling our property leads back to us, as others have said in this thread. I get a little frustrated with the “spin” put on these third-party income generators when we get notices from our local Board/TAR/NAR that they are “proud to announced dues won’t go up this year”. I guess not since they are reaping income from these third-party buyers of information. So now… Read more »