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Browse the siteDecember 18 2013
Many real estate brokers are being asked to sign new MLS Participant Agreements. The cause for new agreement is based upon the MLSs efforts to support real estate brokers to protect their intellectual property. This is a very important initiative that every broker should take very seriously. Every broker should also consult with their attorney to discuss ramifications and meet with the MLS in a forum to discuss the best path.
There are a couple cases before state supreme courts (MD and MN) that are ruling on the ability for the MLS to defend the intellectual property rights when they are scraped from public websites or misused by licensees. Since I am not an attorney, I will not opine on the cases but suggest that you get a statement from the attorney for your MLS. I surmise from my reading of each case that the courts are divided. The specific methods that MLSs use to perfect and protect copyright have a lot to do with the ability to defend the copyright on behalf of the broker.
Although there are variations on what I have seen, this is the language that seems to be popular for MLS adoption into their rules: