Just as I speculated in my post yesterday, it's possible to operate a MLS that honors Photographers, Realtors as well as protecting the MLS. Thanks to Mark Miranda in Wichita, KS for giving us and example. The enlightened MLS is South Central Kansas MLS in Wichita, KS.
Here is the SCKMLS's media licensing language from their rule 15.2.2:
It shall constitute a violation of SCK MLS Rules and Regulations for a Participant to submit photographs, images, virtual tours, videos or other information to SCK MLS that includes identifying information about the Participant or Subscriber. A Participant who submits a photograph, image, virtual tour or video to SCK MLS warrants that the Participant has been authorized to grant a license to the SCK MLS and by submitting the photograph, image, virtual tour, or video to SCK MLS, conveys to SCK MLS a perpetual irrevocable non-exclusive license to use the photograph, image, virtual tours, or video for any, and all purposes deemed appropriate by SCK MLS in its sole discretion, including, but not limited to, publication and dissemination of the photograph, image, videos or other information in the SCK MLS Compilation, or to display it on any Internet web site to which SCK MLS provides Listing Content. Participant agrees to indemnify, defend, and hold SCK MLS and its other Participants and Subscribers harmless from any and all damages or losses, including attorney’s fees and litigation costs or expenses arising from claims made against SCK MLS and its other Participants and Subscribers by a third party based upon SCK MLS’s and its other Participants and Subscribers dissemination or display of the photograph or image submitted by the Participant.
Mark said the that SCKMLS used to have copyright issues similar to the one we highlighted yesterday until an agent uploaded some copyrighted Getty Images on the SCKMLS and Getty "started making waves". What ever Getty did as a result SCKMLS got serious about honoring copyright and changed their language to the above. It helps to have a company with deep pockets after you sometimes to clarify your thinking.
Mark says he paraphrase's the words above in red in his terms of service on his Invoice and specifies that paying the invoice constitutes accepting the licensing terms. Now SCKMLS agents get fined $1,000 per photo for uploading photos that they do not have the license to use. That's $24,000 per listing!
I suggest using this example to demonstrate to your local MLS that, doesn't honor photographer's copyrights, to show them that it is perfectly reasonable to expect that photographer's copyrights be honored. SCKMLS does it and there are probably others out there that do too.
Thanks Mark! And a special thanks to SCKMLS for behaving responsibly!