On June 24, 2026, NAR submitted commentspdf in response to the U.S. Copyright Office’s notice of inquiry on alternative fee structures for copyright registration.
The Copyright Office is considering changes to the fees it charges for registration as it modernizes the system. For real estate professionals, copyright registration is important because it helps protect multiple listing services (MLS) listings, photos, videos, and original data compilations from unauthorized scraping and use. Timely registration is generally required to bring an infringement case in federal court and to seek statutory damages and attorneys fees.
In its comments, NAR emphasized that MLSs have a higher burden than other copyright registrants. Because MLS databases are continuously updated, they must be registered multiple times each year to obtain the same legal protections that many other copyright owners can secure through a single filing—driving higher costs and administrative burden. NAR also noted that MLS registrations remain paper based, requiring applicants to print and mail sample listing records that the Copyright Office must manually process, adding cost and delay.
NAR urged the Copyright Office to ensure that any changes reflect these unique challenges. Specifically, NAR called on the Office to:
- Ensure MLS fees reflect principles of fairness and equity while encouraging registration
- Modernize the registration process, including moving to electronic filing for MLSs
- Ensure MLS fees are cost based, appropriate to the size of the organization, and not set above cost based on untested assumptions about large corporate price insensitivity
NAR will continue engaging with the Copyright Office as it evaluates potential changes and will advocate for a registration system that is efficient, modern, and equitable for MLSs and real estate professionals.