Monday, December 5, 2022
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Shield Your Web site From Copyright Claims

A network and copyright symbol between person working on laptops

© Jutta Kuss – Getty Photographs

Copyright claims are rising in the true property business, and lots of instances finish in a judgment towards the agent or brokerage accused of violations. Your web site or enterprise supplies could put you at higher danger for litigation than you suppose.

You possibly can be held accountable for copyright infringement even for images from the MLS which can be supplied by a 3rd social gathering however seem in your web site by way of an IDX show. Having a danger administration technique in place will help shield you and what you are promoting, says Chloe Hecht, senior counsel on the Nationwide Affiliation of REALTORS®, in NAR’s newest “Window to the Legislation” video.

The Digital Millennium Copyright Act, or DMCA, which was handed in 1998, could supply some protections when posting third-party content material—nevertheless it’s not a foolproof protection. The DMCA is a federal legislation that gives a “protected harbor” to keep away from some copyright infringement claims, however sure procedures have to be met.

Hecht highlights a few of these steps within the video, together with:

  • Designate a copyright agent. This individual will probably be answerable for receiving any takedown notices in case of copyright claims and can should be listed as a contact and copyright proprietor in your web site, together with their contact info. Additionally, register the copyright agent with the Copyright Workplace.
  • Adjust to the DMCA’s takedown process. After receiving any takedown discover on account of a copyright allegation, promptly take away the content material in query. Then, notify the individual submitting the grievance of its removing. “If the alleged infringer submits a counternotice, present a replica of that counternotice to the copyright proprietor and state that the allegedly infringing content material will probably be restored in 10 enterprise days except the copyright proprietor initiates a lawsuit,” Hecht says within the video. “Absent such a lawsuit, it’s possible you’ll restore the content material to your web site.”
  • Embody a discover at your website. Inform web site customers of your copyright coverage and embrace it inside your web site’s phrases of use. View an instance beneath the “Digital Millennium Copyright Act (DMCA)” part at Additionally, view the “Termination” part, which informs web site customers of enforcement for terminating repeat infringers.

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