Friday, June 15, 2012

Merrill 4 Marketing U: What is Your Response to Real Estate Photo ...

In this week?s post we want to try something different and put more focus on your response to the below issue. We are interested in hearing from real estate professionals from all over the country over a growing concern so we can get your feedback.

You would never want someone to take something that belonged to you without your permission, and as a human beings, many people pay that respect back to others whether they know the person or not.

When many people consider this idea however, they think of this act of respect and legal obligation in terms of tangible property, but what about the intangible?

Real estate photo copyright concerns are growing amidst a new problem. Consider the following case from AGBeat:

?In the real estate industry, brokers are growing acutely aware of what it means to syndicate listings and what it entails both technically and the positive and negative ramifications of sharing data, with some choosing to?stop syndicating listings, primarily to Zillow, Trulia, and Realtor.com.

This awareness has real estate professionals and brokers considering what other contracts that they have entered into, with?a new concern heating up concerning questions over who owns the copyright of real estate photographs. The catalyst was a recent email from the First Multiple Listing Service (FMLS) to members, notifying them that all photos would soon be watermarked, pointing to a recent escalation in copyright issues, noting that like many MLSs, they would watermark in an effort to protect content from ?scammers, scrapers, etc.?

Also in the email to FMLS members was a?notification?that all uploaded content, photos and tours is, noting that uploading to the FMLS transferred copyright from the uploader to the MLS. Georgia Realtor, Lane Bailey?noted?that when transferring ownership, the wording reveals that FMLS will grant back a non-exclusive permission to use the images. Additionally, because this area (like many others across the nation) is served by more than one MLS, similar wording in other MLSs can put Realtors in violation of the Terms of Service when uploading the same photos to both MLSs. Bailey said, ?After uploading them to one, we no longer own them, and therefore can?t transfer ownership to the other.??

So, a call to all real estate professionals, what is your response to this issue? Please share your response in a comment below.

Merrill 4 Marketing U: Where ?Marketing U? is not only in our name, it is our priority.

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