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Putting a Face on Real Estate since 1995™
• Hill Country Artisan Homes Chef Night at La Ventana • HBA Crawfish Boil Builder/ REALTOR Mixer • Keller Williams Realty RED Day • and much, much more!
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JUNE 2017 • VOLUME 22 • ISSUE 2 Details on page 24
THE
PENINSULA AT
ROUGH HOLLOW
A PRIVATE LAKESTYLE NEIGHBORHOOD
ON ROUGH HOLLOW
REALTORS violating copyright laws with listing photos By Katie Agness
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hen buying or a selling a home, the MLS listing is typically one of the first, and often most impactful, opportunities to showcase property. Whether viewed by the REALTOR or prospective homebuyer during a property search, the listing discloses a variety of essential informa-
tion from location to square footage to price, all factors that can attract and deter a prospect. Aside from the essential criteria, the MLS listing can be a driving factor in whether a home buyer is interested in a property. This has led many agents to get creative with their listings, specifically regarding the descriptions and photography, to enhance a property’s charm and appeal. Additionally, many real estate companies and REALTORS alike create professional websites to market their services, areas of expertise and accolades. Like the MLS listings, these websites utilize content and imagery to better portray their brand and offerings to potential clients. While often unintentional, many MLS listings and professional websites are in violation of copyright infringement laws because of the photographs used. According to the U.S. Copyright office, “copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression ... including literary, dramatic, musical, and artistic works.” Penalties for copyright violations can be steep. “Even if the copyright owner cannot show they have been damaged, the federal law pro-
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vides a penalty range from $200 to $150,000 for each work infringed, plus court costs and attorney’s fees,” says Joe Babb, General Counsel for the Austin Board of REALTORS and their MLS, ACTRIS. “Under some circumstances, though typically unusual in the real estate community, the infringer can even go to jail.”
Copyright Challenges But what mistakes are the real estate community making when choosing and using photographs online? As described earlier, the issues typically arise within an MLS listing and professional website. MLS Listing Liabilities There are a few ways to produce photographs for a listing, such as through an MLS employee, REALTOR, homeowner, or third-party photography. Often, to ensure a high-quality product, a third-party photographer is hired; however, even in lieu of a contract, copyright laws may still be broken. “The rights some REALTORS obtain from photographers are often insufficient for them to comply with their MLS rules,” Babb says. According to the MLS rules, to be compli-
ant, the REALTOR must “warrant,” or promise, to the MLS that they own or have obtained all rights to the images and content within the listing. Additionally, they must grant the MLS the right to use the listing content “for any purpose consistent with the facilitation of the sale, lease and valuation of real property.” “Where REALTORS slip up is in the license from the photographer,” Babb says. “Often, it is only valid through the marketing period of the property, which means they are in violation of the MLS rules and their warranty to the MLS because the listing content must also be available after the sale, for use in the valuation of other properties.” When valuing comparable properties, REALTORS utilize data, including photographs, from previously sold properties. Because of this, the MLS repository serves as an important valuation tool. “Even if the license is no longer valid based on the contractual agreement from the photographer, the MLS doesn’t know and is relying on the warranty from the REALTOR that their rights are sufficient to comply with the
Front Page: Continued on page 28
Features of the Month Column: ABoR—Use your MLS tools for busy season.. . . . . . . . . . . . . . . . . . . . . . .pg. 3 Column: WCAoR—The future is now. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . pg. 7 Column: HBA— That’s a wrap: HBA 2017 Parade of Homes™ goes out with a bang. . . . pg. 15 Column: WCR—Whose photo is it anyway?. . . . . . . . . . . . . . . . . . . . . . . . . . . pg. 18 Column: AREAA—Talk real estate policy to your US Senator and Representative . . . . . pg. 23 Associates in Progress: Hill Country Artisan Homes. . . . . . . . . . . . . . . . . . . . . . pg. 25 Associates in Progress: Austin Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . pg. 27 Upcoming Events. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . pg. 30