February 10th, 2014
The article claims that:
If a Broker lists a home and uploads copyrighted images as part of their listing feed, which is then in turn placed in RETS/IDX, which you promptly display on your site — the answer is YES.
Lee said this was contrary to his understanding and it sounded pretty outrageous and unreasonable to me. So I contacted Joel Rothman, our man in Boca Raton who is a board certified IP Attorney to see what he thinks about the situation GeekEstateBlog.com reported. Here is Joel’s article on the subject.
Here is my short summary of what Joel said: If you are accused of copyright misuse the copyright owner must send you a DMCA takedown notice (Joel refers to this as DMCA safe harbor) asking you to take down the copyrighted material. If you comply and remove the copyrighted material, the issue is over. That is, the law says you get a chance to take down the copyrighted material before the copyright owner can take you to court or start imposing remedies. Taking down the photo in the case sited involves getting it out of the IDX feed… meaning it probably has to be dropped from the listing by the MLS.
I’d like to thank Joel for being available to answer questions on these kinds of issues for PFRE readers.