Digital Millenium Copyright Act (DMCA)

Digital Millennium Copyright Act Notice Claims of Copyright Infringement & Related Issues (17 U.S.C. § 512 et seq.) California Regional Multiple Listing Service, Inc. (“CRMLS”) respects the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify CRMLS´ agent by providing the following information: a. Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site; b. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it; c. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation. Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims. If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is a written communication that incorporates the following elements: a. A physical or electronic signature of the poster; b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; c. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; d. Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant. Notices of the foregoing copyright issues should be sent as follows: By mail: California Regional Multiple Listing Service, Inc. 15325 Fairfield Ranch Road, Suite 200 Chino Hills, CA 91709 United States Attention: DMCA Designated Agent By e-mail: legal@crmls.org If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action. This information should not be construed as legal advice. CRMLS’ recommends that you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the website of the United States Copyright Office at http://www.copyright.gov/onlinesp.

1.) What is the CRMLS Photographer List? CRMLS has decided to make photography management in our MLS platform easier and faster for those who opt in. When a photographer joins, they are given a Photographer User Name and password to directly upload their photos to specific listings that a Listing Agent has assigned to them. The photographer will only have access to the photo upload module and will not be able to modify or change any other listing information. CRMLS also intends to include the Photographer’s name and contact information in the Full Listing Detail page, so other agents will know who the photographer was for any specific listing. We aim to have as many qualified professional photographers as possible opt in to this program, so that agents can get their photos into the MLS faster and have as many real estate photographers to choose from as possible. 2.) How are photographers approved for the List? The photographer must complete the submission form on this page. A CRMLS representative will email the photographer a User Agreement, where the photographer will agree to the proper license required for all photographs to be placed in the MLS. (This is the same license language that every agent and broker agree to when they sign up for CRMLS and that fully complies with CRMLS Rule 11.5.) That means no more confusion on who “owns” or “licenses” a photo in the MLS. If you’re a photographer who wants to know more, please contact photographer@crmls.org and we’ll reach out to you with the next steps. 3.) What are the benefits to listing agents? Limit confusion about copyright and licensing matters Gain confidence in your photographer’s professionalism Know that your listing’s photos are protected in CRMLS 4.) I’m a listing agent. Can anyone take my listing’s photos once they are entered into the MLS? No, the same MLS rules still apply. Agents may not take photos and use them without getting the original listing agent’s permission. Doing so is a violation that may lead to fines or other consequences. 5.) I’m a listing agent. Am I allowed to use a photographer that is not part of the CRMLS Photographer List? Yes. This is not a mandatory program for photographers to join. However, we recommend asking your photographer to contact CRMLS for more information on the benefits of the program. 6.) What are the benefits to photographers? Gain control of the image uploading process Build trust and reach with agents As a photographer in the List, your signature will now also be required prior to a subsequent listing agent being allowed to use your pictures in a new listing 7.) I’m a photographer. Are my clients allowed to sell my photos to another agent or service? No. Unless you give written permission for anyone else to use your photos, this agreement does not allow listing agents to sell your photos to anyone, including other agents. The only parties that use the photos are those working with or within the MLS to provide services for the listing, including syndication to popular online and mobile platforms, comparative market analyses, and other typical uses of MLS data. 8.) I’m a photographer. Can I still use my regular agreement paperwork when I work with a listing agent? Yes. If you have any other contracts/agreements that you need for your business, you may still use them. This program only applies to the licensing of listing photos input into CRMLS. The CRMLS agreement does not govern any aspect of the Agent/Photographer relationship. The language in the CRMLS Photographer User Agreement is the same language that is required by the CRMLS Rules and by the contract between the Listing Broker and CRMLS for the listing agent to place a photo into the MLS.