NAR adopts MLS policy changes on copyright, data use
NAR adopted policies addressing listing content copyright, local data feed requirements and permitted uses of MLS information, along with revised qualifications for its MLS Committee.
The National Association of Realtors® adopted MLS policy changes addressing how listing content is protected, accessed and used, including new options for local MLSs to set data feed requirements and strengthen copyright enforcement. The updates also clarify permitted uses of MLS data and revise qualifications for service on NAR’s MLS Committee.
The adopted changes include:
- Revision to MLS Policy Statement 7.85 and introduces a new optional MLS policy – Copyright Protection of MLS Data: Introduces a new optional policy allowing MLSs the discretion to require up to a 50% copyright interest in certain listing content to strengthen copyright enforcement, provided they register eligible database updates with the U.S. Copyright Office at least quarterly. MLSs must provide Participants with the right to opt-out of assigning a copyright interest to the MLS. Brokers retain the right to independently use and license their own listing content.
- Establishes an optional MLS Policy about MLS Data Feed Services: Allows MLSs to establish local eligibility requirements and licensing requirements for data feeds based on local market interests and needs. If established, these requirements are reasonable, objective, and applied equally to all participants. This provides MLSs with greater flexibility to account for local market needs while ensuring participants will continue to have access to MLS listing information through the MLS platform, or through other approved means, as well as access to data feeds of their own listings.
- Establishes a new MLS Policy Statement about the use of MLS Data Policy: Reinforces the fact that the use of MLS data must comply with applicable MLS participation or data licensing agreements and be connected to providing real estate brokerage services, preparing appraisals, or other valuations of real property, helping address concerns around unauthorized use of MLS content.
- MLS Committee Qualifications: Updates the qualification criteria for service on NAR's MLS Committee to better reflect today's MLS environment and ensure the committee continues to benefit from relevant industry expertise and perspectives.
The policy updates were developed to provide members, brokers and the broader industry with greater clarity, consistency, and information to support their implementation, NAR said..
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