There’s always something to howl about.

If the cute little baby wants to chew up your copyrights, who are you to complain?

Marlow Harris at 360Digest has an incisive post about the incipient conflict between copyright-holding brokers and national dot.com real estate listing aggregators:

But what does the agent do who has signed a TOS Agreement with their broker indicating that the Broker owns the listings and the broker does not want their listings advertised on Trulia? Z57, Advanced Access, Number 1 Agent and many more website developers have submitted their feed to Trulia, to allow them to display their listings, in violation of many of these individual agents TOS agreements. Winderemere, J.L. Scott, Coldwell Banker Bain, and many other local and national companies have NOT authorized their listings to appear on Trulia, but they do, under the auspices and with the consent of these website developers, but not the agent’s brokers.

Trulia dilemma for everyone involved.

It’s a plus for individual agents as all leads are sent directly to them. But it’s an unauthorized use of listings. Most of these website designers provide an opt-out box if the individual agents want to do so, but how many even know it’s there?

As more individual brokerages realize that their listings are being shown on this (and other similar portal sites) without their permission, I wonder if they will be more persistent in enforcing their copyright.

The other end of this conflict is that the seller has the reasonable right to expect that the broker will promote the listing by all available means. And in the case of feeds generated by web-site vendors, it’s hard to complain about the onerous burdens imposed by those feeds being automatic and free.

But Marlow’s larger point stands. An MLS is a club composed of self-selected, dues-paying members. Its lawful existence should be protected by the Free Association clause of the U.S. Constitution. But I agree that a real estate listing is the unique work product of the listing agent and should be protected by copyright laws.

We end up with babies and bath-water, I expect. The entire Googlified model of the internet consists of stealing copyrighted material, aggregating it to draw eyes, then selling those eyes to advertisers. This is a perfect Tragedy of the Commons: I want to be findable, so that potential clients can find me, but I don’t want for my hard work at becoming findable to be used to promote my competition. Google (et cetera) has absolutely no legal or moral right to the content it hijacks, and one class action suit could shut the whole game down.

But everyone loves that cute little baby, the habitually rights-usurping internet. This would not seem to bode well for the American tradition of copyright protection…


Further notice: For what it’s worth, this is the clause we use in our listing contracts:

Any work product produced or adapted by Listing Broker or its Agents will remain the property of Listing Broker in perpetuity.

We do this because the web sites we build for our listings may be on-line for years — or we may reuse the web site when we re-list the house for sale.

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