It is crucial to know what rights you own in photographs and how those rights permit you to use the photographs. Brokerages should take every step to own their property listing photographs, or if ownership is not possible, to obtain a broad exclusive license to use the photographs. In order to assist members and member firms, NAR Legal Affairs created sample agreements, specifically a Work Made for Hire Agreement, Assignment Agreement, and Exclusive License, which should be modified as necessary to fit your particular needs.
Window to the Law Video: Changes to DMCA Safe Harbor
Window to the Law Video: Listing Photo Copyright Issues
Recently, the Copyright Office has issued requests for clarification to hundreds of MLSs regarding their MLS database copyright registration applications. The Office asserts that the applications do not demonstrate sufficient creativity in the arrangement, selection, or coordination of the compilation. NAR has secured a grace period during which the Copyright Office will not take any adverse action on pending applications, including those applications where the applicant has already replied to the request for clarification.