OFFSITE UPDATE-   As a precautionary step in response to COVID-19, SBAOR staff will be working from home effective immediately. The Association office building will be closed, but we are still here for you by phone or email. We have the capabilities to receive our office emails and office phone lines at offsite locations to support your needs. At this time, we are scheduling the closure through the end of March. We will update as things progress. Be safe and follow https://publichealthsbc.org/blog/ for more information.

DMCA FAQ's



PHOTOS ON WEBSITES

Do you have the legal right to the photos that you post on your website or put into the MLS?  If not, you could be forced to pay due to a copyright infringement.  Even worse you can be legally obligated to pay, even if you are not the one who posted the photos.  Here is a true life example:  One of our members took a photo from the internet of a beach shot and added it to his listing.  That photo displayed on another agent’s website via an IDX feed.  The “Displaying Agent” was billed $580 for displaying copyrighted photo.  The Displaying Agent may not have an out without creating a “Safe Harbor” through the Digital Millennium Copyright Act.

 

5 steps for DMCA Safe Harbor Protection:

  1. No posting of the infringing content yourself;
  2. No actual knowledge of the infringing content or awareness of facts or circumstances which really should have tipped you off that the content infringes a copyright;
  3. No receipt of a financial benefit directly attributable to the infringing activity;
  4. Must act expeditiously to remove the infringing content when notified;
  5. Must have provided a means for receiving notice from copyright owners of infringing content (i,e. DMCA Takedown Notices), which INCLUDES registration of designated agent with U.S. Copyright Office.

The registration form can be found here:  http://www.copyright.gov/onlinesp/agent.pdf

NAR has posted a video explaining this further.  It can be found here:  http://www.realtor.org/videos/window-to-the-law-copyright-infringement-safe-harbor

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