11. OWNERSHIP OF MLS COMPILATIONS AND COPYRIGHTS

11.1 MLS Compilation Defined

The term “MLS compilation” includes, but is not limited to, the MLS computer database, all printouts of data from the MLS computer database, and all data and content therein, including but not limited to photographs, images (including maps), graphics, audio and video recordings, virtual tours, drawings, descriptions, remarks, narratives, pricing information, statistics and other details or information related to listed property, all printouts of data and content from the MLS computer database, and all MLS publications. The MLS Compilation is protected by all applicable intellectual property laws.

11.2 Active Listing MLS Compilation Defined

“Active listing MLS compilation” shall mean that portion of the MLS compilation, which includes listings currently for sale and all other indexes and other information relating to the current listing information approved for distribution by the MLS.

11.3 Comparable Data MLS Compilationg Defined

“Comparable data MLS compilation” shall mean that portions of the MLS compilation that includes the off market data, sold and appraisal information regarding properties that are not currently for sale and all indexes and information relating to the sold information compilation approved for distribution by the MLS.

11.4 Authority to Put Listings in MLS Compilation

“Comparable data MLS compilation” shall mean that portions of the MLS compilation that includes the off market data, sold and appraisal information regarding properties that are not currently for sale and all indexes and information relating to the sold information compilation approved for distribution by the MLS.

11.5 Photographs on the MLS

By submitting photographs to the MLS, the participant and/or subscriber represents and warrants that it either owns the right to reproduce and display such photographs or has procured such rights from the appropriate party, and has the authority to grant and hereby grants the MLS and the other Participants and Subscribers the right to reproduce and display the photographs in accordance with these rules and regulations. Except by the MLS for purposes of protecting its rights under Section 11.6, branding of photographs, virtual tours or any photographic representation with any information or additional images, including but not limited to photos displaying “for sale” signs posted on the property, is prohibited.

  1. At least one (1) photo or graphic image of the front exterior of the property accurately displaying the listed property (except where sellers expressly direct in writing that photographs of their property not appear in MLS compilations) is required to be posted on the MLS upon submission of the listing in all categories other than business opportunity and Lots and Land.
  2. Use of photographs by a subsequent listing agent requires prior written authorization from the originating listing agent or appropriate party with the legal right to reproduce and display such photographs.

For violation of this section, see Appendix A, Citable Infractions, 3.1, Submission of Listing That Do Not Satisfy the Requirements of the MLS Rules.

11.7 Access to MLS Compilations

Each Participant and Subscriber shall have the right and license to access the Active Listing and Comparable Data MLS Compilations in accordance and subject to all restrictions contained in these rules. Participants and Subscribers shall acquire by such license only the right to individually use the MLS compilations, and only for purposes permitted by these rules. Clerical Users may have access to the information solely under the direction and supervision of the Participant or Subscriber. Clerical Users may not provide any MLS compilation or information to persons other than the Participant or the Subscriber under whom the Clerical User is registered.

11.8 Database Preservation

No data may be removed from the MLS compilation other than by the service. Although a listing may be removed from display in the MLS compilation of current listing information, all data submitted to the MLS will remain in the database for historical and other purposes approved by the service.

11.9 Removal of and Responsibility for Content

The MLS has the right, but not the obligation, to reject, pull down, restrict publication of, access to or availability of content the MLS in good faith considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, unlawful or otherwise objectionable. Participants and Subscribers remain solely responsible and liable for the content they provide. In no case will any monitoring or removal of Participants’ or Subscribers’ content by the MLS make it responsible or liable for such content.

11.10 Indeminification; Limitation of Liability

Participant and Subscriber shall indemnify and hold harmless the service for any claims, costs, damage or losses, including reasonable attorney fees and court costs, incurred by the MLS resulting from or arising out of any content Participant and/or Subscriber submit to or in any way wrongfully reproduce from the Service. In no event will the MLS be liable to any MLS Participant, Subscriber or any other party for any indirect, special or consequential damages arising out of any information published in the MLS and all other damages shall be limited to an amount not to exceed the MLS fees paid by the listing broker.