A member recently wrote: “We are coming across a number of members who are taking content off our website, for example, taking information word-for-word for their own neighbourhood pages. What can we do to stop this?”

I replied cheekily: “By making a formal complaint.”

This question is a reminder of the importance of members to respect other members’ intellectual property. I last wrote about this topic in 2009. Twelve years is a long time between reminders, and with copy in the archives, I was able to dust off and update it for today’s column.

Here it is.

My wife’s grandfather, like most men of his generation, wore a hat. (He also probably gardened in his suit—but that’s a story for another day.) Every day at noon precisely, he would leave the Shelley Building on Pender Street and walk over to the White Lunch on Hastings Street. There, he would have lunch with his cronies. On arrival he would hang his hat on the hook by the door. Inside the hat was a label saying, “Like hell it’s yours; put it back,” just in case anyone was of a mind to take his hat. He cared about his possessions and was proactive in protecting them.

A lot of possessions we accumulate in life are important to us. Some are more important than others. Grandfather’s hat was probably dispensable, but our collective ownership of the real estate profession’s websites and their content is certainly not dispensable.

Canadian real estate boards have invested tens of millions of dollars on members’ behalf to develop Realtor.ca , Rebgv.org, Realtylink.org, Rebgv.ca, and other MLS® websites and applications. The information these websites contain is for all members’ benefit.

Brokerages and REALTORS® have also spent considerable money to develop their own websites and the content is protected by terms of use as well as Article 28 of the REALTOR® Code of Ethics.

The Ethics Guy®, for example, constitutes intellectual property and is owned by the Real Estate Board of Greater Vancouver on behalf of all its members.

Intellectual property is as valuable an asset to a real estate board, brokerage, or Realtor’s business as the building that houses the brokerage and its computer hardware and systems.Intellectual property typically includes copyrights, trademarks, confidential information and trade secrets, and industrial designs and patents, all of which are protected in Canada by the Copyright Act, a common law and legislation.

Examples of these include, REALTORLink®, Realtor.ca, MLS®, “Multiple Listing Service®”, “REALTOR®/REALTORS®” and brokerage and REALTOR® websites and their content.

Ownership conveys significant rights. Only owners of a copyright or trademark have rights to use them and are authorized to reproduce, distribute, display, or sell the copyrighted work.

Why should we care about this? Simply put, using someone’s content without their permission is against the law. It’s also not ethical and it’s a breach of Article 28 to take others’ ideas, content, and trade assets and pass them off as our own.

An example of this would be for a Realtor to violate the terms of another real estate website by scraping content and posting this content to their own website without the owner’s permission. (Yes, this includes using listing photographs from a previous listing, per Rules of Cooperation, Rule 3.25).

Note: you may use one photograph from the previous listing.

So, what to do if another member uses your content without your permission?

I’d suggest asking the other member to remove your content from their website. This usually does the trick. If it doesn’t, ask your managing broker to touch base with the other member’s managing broker so your request is reinforced. This should result in action. If it doesn’t and you want to pursue matters further, you can lodge a complaint with the Professional Conduct Committee. The Committee then has complete discretion as to how it deals with your complaint. For a first-time breach it may just give the other member a warning. For serial offenders it may respond with more significant action.

Yes, you can reprint and quote the Ethics Guy®. You must make sure you acknowledge the source as follows:

• Source: REBGV or
• Source: Real Estate Board of Greater Vancouver.

REALTOR® Code of Ethics and Standards of Business Practice - Article 28: Intellectual Property Rights of Boards / Associations

REALTORS® shall respect the intellectual property and other ownership rights of other REALTORS®, Boards, Provincial/Territorial Associations and CREA.

Interpretations

• 28.1   REALTORS® shall only access and use the websites and other databases of Boards, Associations, CREA and other REALTORS® in accordance with the policies for use established by the owner of the site.
• 28.2   REALTORS® should not infringe the copyright or other ownership interest of another REALTOR® in his/her Listing.
• 28.3   A REALTOR® shall not use the trade names or trademarks or confusingly similar trade names or trademarks of any firm, franchise, or other organization other than those with which the REALTOR® is affiliated or otherwise authorized in writing to use. This restriction includes but is not limited to, unauthorized Internet uses such as domain names, e-mail addresses and metatags.

Images that are provided to the Board in respect of an MLS® listing shall become the property of the Board and may be used by the Board at its discretion. Only MLS® Department-approved watermarks may appear on images. The display of a child’s image on an MLS® listing is prohibited. The Board reserves the right to remove images which in the opinion of the Board are inappropriate.

A minimum of one photo related to the property must be provided for each listing within 24 hours of the listing becoming active on the MLS® System. Other than the front exterior photo, additional listing photos shall not be used in future listings without the consent of the originating Brokerage. Images that contain information that is considered to be promotion of a member will not be permitted. ‘For Sale’ and ‘Sold’ signs are not permitted in photos. Images are to relate only to the real property for sale. No comments or additional information will be permitted to be placed on the image.

It is the responsibility of every Member to provide to other Members clear, accurate and factual information concerning any listing by such Member. Without limiting the generality of the foregoing: (a) Members are not permitted to copy from a previous listing of another Member; and (b) Members shall declare within the REALTOR® Remarks the source of measurements referenced in the listing. IT SHALL BE THE RESPONSIBILITY OF THE LISTING BROKERAGE TO CHECK ALL LISTINGS AND AMENDMENTS OF LISTINGS AFTER THEY HAVE BEEN PUBLISHED BY THE MLS® SYSTEM AND TO ENSURE THEIR COMPLETE ACCURACY, INCLUDING COMMISSION PAYABLE TO A COOPERATING BROKERAGE.

In Kim's latest video, he discusses the most important business relationship you have as a REALTOR®: The one between you and your brokerage. Watch the video to learn more about employee and independent contractor relationships, including the obligations you have to your brokerage and the obligations your brokerage have to you.