Author Archives: John Reilly

Domain Names Dot REALTOR NAR Uncategorized

Dot Brands hit the market

Several recent articles have focused on the increase use of the new Top-level Domains by brands, referred to as Dot Brands.

A multi-million dollar brand name that should be noted is the Dot REALTOR Top-Level Domain. Last month NAR made the switch to www.nar.realtor away from www.realtor.org   Check it out.

Tony Kirsch, head of professional services at Neustar, in an article discussing the progress of Dot Brands, “2016: The Year That Was in .brands TLDs”, wrote:

“While some astonishing progress has been made in 2016, the .brand movement is by no means complete. I personally am thrilled to be heading into 2017 with such momentum behind us and I’m optimistic about the continued growth of the .brands space in the New Year.

Already this year we’ve been surprised by the creative approaches many brands have taken and we’re looking forward to seeing which companies will use 2017 to take .brands to places we haven’t considered before.

Perhaps 2017 will be the year in which mainstream advertising strategies adopt .brands as a unique, memorable call-to-action and the marketers of the world find significant value in creating more direct, meaningful customer relationships through smarter digital marketing.

With almost all .brands now added to the Internet, the game is on. Which brands will emerge as frontrunners and truly revolutionize the way we look at digital?

I don’t know the answer, but I sure am excited to find out.”

Some major launches noted were:

Google – consolidating news and updates from over 19 of Google’s corporate and product blogs, ‘The Keyword’ was launched at www.blog.google  in October, joining the internet giant’s retail domain name sales play at www.domains.google

Canon – one of a handful of ‘full transitions’ to .brands, the company’s global site is now at www.global.canon , with the existing canon.com domain redirecting to this awesome new site.

As well as: Dell, Deloitte, Chanel, Microsoft, Audi, Cisco, Fage, Orange, Komatsu, Shell, Mini, Lidl, Linde, Bradesco, Hotmail, NTT, UOL, Pictet, Windows, Bloomberg, Sky, Fox, Emerck, Weir and BNP Paribas are just a handful of the other organizations with live .brand websites. http://www.circleid.com/posts/20161219_2016_the_year_that_was_in_brands_tlds/

According to another article  “Brand Top-Level Domain and Brand Value” by Guiillaume Pahud,

“Brands are an asset and have a value for organizations, as they generate revenue: Customers are happy to pay a premium for a brand they love. They will show a preference and be loyal to a brand they trust.

Some brands have decided, in 2012, that their name should actually also become the global name for all of the digital assets, and registered their brand name as a Top-Level Domain. Google, for instance, located their new blog platform, where they post news and information, on the domain blog.google. That is a typical example of a branded top-level domain.”

http://www.circleid.com/posts/20161111_brand_top_level_domain_and_brand_value/

Realtors can acquire their own Dot Realtor TLD by going online to www.claim.realtor — the first year is free. If ordering multiple domains or years, use the word discount as the promo code for a 10% saving.

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Bots Machine Learning Sales and Selling

Is A Bot In Your Future?

Is a Bot in Your Future?

For sure in 2017, real estate professionals will be hearing  more about the use of Bots, Artificial Intelligence (AI), and machine learning as productivity tools in their practice. Already we are seeing more and more articles and online discussions about Bots.

To give you an idea of what’s to come in this exciting space, here are some highlights from several articles about a San Diego company led by real estate veteran Grant Gould that is making news with the anticipated January 2017 launch of its Automabots service – www.Automabots.com

Real estate professionals, REALTOR® Associations and MLSs will want to take note that initial use of Automabots will be directed at the real estate industry. As mentioned below, AI manifestations can be powerful tools for business efficiency, so  now is the time to get informed and use them to your advantage.

  1. Inman’s Real Estate Technology Expert, Craig Rowe, recently reviewed Automabots, –

http://www.inman.com/2016/10/26/automabots-warms-up-buyer-and-seller-leads-til-theyre-hot/

Craig noted that Grant Gould is developing several bots with different purposes in the agent realm one at a time, including BuyerAgentBot, SellerAgentBot (in beta) along with a CRMBot, DigitalMarketingBot and TransactionBot that will eventually form a real estate suite.

During the initial interaction, users indicate their preferred ZIP codes, price, number of beds and baths, and communities they’re interested in to populate a relevant list of homes, which are pulled directly from the MLS, current to the last hour.

After users finish looking at the homes provided, the Automabot asks how often they would like to receive updates on available listings. Gould notes that users’ response to this question serves as a lead qualifier — someone who wants an update every two hours (or daily) is probably more motivated than the casual monthly browser. Today, that entire lead cultivation process is being replaced by text apps and bots. But agents shouldn’t see bots as a threat — the element of data control has been slipping for some time from the industry’s hands, and Kubrick’s eerie vision (of  HAL-2000) isn’t quite so dark in real life. Rather, these AI manifestations can be powerful tools for business efficiency, so get informed and use them to your advantage.

  1. Adrian Bishop, Editor for OPP.Today authored a Business Technology Editorial entitled “How Bots Can Turn Leads Into Clients And Boost Sales”
    http://www.opp.today/how-bots-can-turn-leads-into-clients-and-boost-sales/ – In his editorial, based on an interview with Automabots founder Grant Gould, Mr. Bishop wrote:

Essentially, bots are a small application that live in the cloud and utilize the machine learning technology recently made available by the tech giants. These little programs, now referred to as bots, can be taught to perform nearly any digital task that normally would be done by a human being. People can communicate with bots via chat platforms, like; Facebook Messenger, Alexa and the dozens of others.

“We teach real estate bots to do the work, so you can get more done in less time at a lower cost, “says Automabots.

Using natural language technology, your personal bot interacts with prospects to determine their exact real estate needs and delivers the information they desire without having to log in or download an app.

When Grant Gould was asked how does his service work, he responded: “Similar to Siri, Amazon Alexa, and IMB’s Watson, Automabots uses machine learning that is a combination of rule-based and natural language parsing.

“We are teaching the Bot real estate lingo, terminology and the nuances of buying and selling properties.  The Lead Capture Bot can engage online users through chat applications, like Facebook Messenger, to assess the consumer needs and then search and display the information right in the chat session. MLS properties, market stats, and home values are just some of the info it can deliver.

“It then asks the user if they would like to get alerts and updates on this information, which results in capturing a lead.  As it continues to learn what the user likes and dislikes, it gets smart in finding matching homes.”

Bots save both time and money and boost sales, says the company. “Get a highly skilled Lead Qualifier Bot for just 14 cents an hour.  No benefits, sick days, or employer cost.  You get a ready-to-work real estate Bot that is specially trained to do a specific job and do it great.  And these workers get smarter and more efficient over time.

“Real estate bots can be taught to perform many tasks currently done by humans.  We have trained our Bots to greet every person immediately, qualify their buyer and seller needs, and deliver the information they want without using any human resources.

“Having a dependable Lead Qualifier Bot on duty 24/7 to greet buyers and sellers on your website, social profiles and other lead sources will improve your lead conversion rate by as much as 300%.  Add a great lead nurturing system and watch business soar.”

  1. In an article in VisionAR entitled “Productivity AI Bots for Real Estate Agents” –
    http://visionar.today/index.php/2016/11/22/automabots-makes-productivity-bots-real-estate-agents/ – the author Lauren Twardy interviewed Grant Gould and stated:

“Though Gould expects the Bots’ utility will extend into other industries before long, Automabots is currently focused solely on real estate. Gould is a real estate veteran and understands the kind of help agents need to be productive. Gould likes to call his line of product “Productivity Bots,” which are designed to enhance rather than take over business. He explains, “consumers today want instant gratification,” and his Bots help Realtors provide that gratification by remaining on active duty 24/7. While Realtors can get thousands of visitors to their websites, social media profiles, and other lead sources, the Bots are trained to convert visitors into leads.

Gould’s “Productivity Bots” are productive. The Lead Qualifier Bot is designed to save real estate agents time and money; for just 14 cents an hour, “you get a ready-to-work real estate Bot that is trained to do a specific job and do it great.” The Automabots website explains the basic functions of the Bot:

“Greets Every Prospect.” It is designed to engage potential customers 24/7 on real estate websites, social media, and other listing sites. This provides instant gratification for consumers, which they don’t receive with website contact forms or email.
“Qualifies Buyer and Seller Needs.” The Bot can interact with customers to determine what they’re looking for and can dole out information from the massive amount of stored data.
“Captures Leads and Intel.” Not only can it record information about prospects, but the Bot can also transfer information directly to the Realtor or to an automatic lead nurturing program.
Of course, the functions of this AI are meant to grow beyond these basics. Automabots “build intelligent Bots that [they] teach to perform important tasks and that gets smarter as it does its job.”

2017 could very well be the year of the Bot in real estate. Stay tuned and explore ways the services of a Bot can help you be more efficient and productive.

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Domain Names Dot REALTOR

Dot WEB (.WEB) sold at auction for $135 million

Dot WEB (.WEB) sold at auction for $135 million on July 29

First, it was the new Top-level Domain (TLD) .APP that was acquired at auction for a $25 million bid by Google; recently it was .SHOP that was won with a $41.5 million bid from a Japanese company.

And now, the contentious battle among 7 companies who applied to operate the .WEB suffix has ended in a winning bid of $135 million, with speculation that the winning bid was backed by .COM operator Verisign. For that kind of money and contention, the domain market indicates that .WEB could be even bigger than .COM

So, who gets the $135 million? It goes to ICANN, who has now banked over $235 million as a result of ICANN’s last resort auction mechanism that is used when several parties applied for the same suffix but were unable to resolve this contention by themselves.

And what will ICANN do with all this auction money? Good question! See http://bit.ly/2apFOlM

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Domain Names Dot REALTOR Uncategorized

Universal Acceptance — TLDs

With over 12 million new Top-level Domains in operation, it appears that a few software developers and website owners have yet to update their systems to keep pace with this evolving domain name system. Check out this helpful link created by the Universal Acceptance Steering Group —http://www.universalacceptance.link/
 
The Universal Acceptance Steering Group is a community-based
team working to share their vision for the Internet of the future with those who construct this space: coders. The group’s primary objective is to help software developers and website owners understand how to update their systems in light of the rapid acceptance of the new TLDs. Its primary message is that Universal Acceptance will enable the next billion users to build their own spaces and identities online.
 
Of special interest to developers and programmers is the Domain Test https://github.com/google/domaintest
Domain Test is a tool designed to help developers test their applications for compatibility with new top-level domains (TLDs). Developed by Google and launched in a partnership between Google Registry and Ausregistry, CentralNic, Donuts, RightSide, and Uniregistry, Domain Test is an open source project available under the Apache 2 license and can be used across 145 new TLDs. It is freely available for use and modification.
This repository contains the documentation and code for Domain Test. For clarity, the documentation uses the term “new TLDs” to refer to the universe of new generic top-level domains (gTLDs), new country-code top-level domains (ccTLDs), and internationalized domain names (IDNs).
The Domain Test service runs on AppEngine and is available for any developer to use. However, depending on what type of new TLD you want to test, you can substitute any of the strings in the Domain Test TLDs section of this documentation.
 
Of interest, the Universal Acceptance site also references a number of examples of new TLDs currently in use — Top Websites using New gTLDs – http://list.ly/list/Rg5-top-websites-using-new-gtlds
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Domain Names Dot REALTOR e Commerce Personal Branding - Domain Names

Shopping on .SHOP

In February of 2015, the Internet community was shocked to find out that someone paid $25,001,000 in an auction to acquire the new Top-level Domain (TLD) for .APP (Dot APP). That someone, of course, was none other than Google. And just last month, on January 27, 2016, the new TLD for .SHOP (Dot Shop), was sold at auction for a whopping $41,501,000. The winning bidder was GMO Domain International, Inc from Tokyo. They outlasted Amazon and Google in a bidding war that went 14 rounds, the final round going from $36,800,000 to $46,000,000.
https://gtldresult.icann.org/application-result/applicationstatus/auctionresults

We are talking some serious money here in the ecommerce space, a space in which there are now over 12 million new TLDs.

How do we even get to the auction stage? First, for anyone to apply to operate a new TLD, there is a $185,000 application fee. In the event more than one applicant applies for the same domain (called a ‘string’), those competing entities move to a string contention status under ICANN rules. ICANN is a not-for-profit public-benefit corporation with participants from all over the world dedicated to keeping the Internet secure, stable and interoperable.

According to ICANN, “Auctions are the mechanism of last resort to resolve string contention within the New gTLD Program. ICANN expects that most string contention will be resolved through other means before reaching an Auction conducted by ICANN’s authorized Auction service provider, Power Auctions LLC. However, there is a possibility that significant funding will accrue as a result of several Auctions. Auction proceeds will be reserved and earmarked until the Board determines a plan for the appropriate use of the funds through consultation with the community. Auction proceeds are net of any Auction costs. Auction costs may include initial set-up costs, auction management fees, and escrow fees.”

212 of the 233 contention sets are now resolved, the majority having self-resolved, but a few were resolved via ICANN’s auction process (“the method of last resort”). In some cases, contending applicants  formed joint ventures in their efforts to resolve string contention. In other cases, some applicants withdrew after receiving some compensation from the surviving applicant — hopefully in an amount to at least compensate the withdrawing party for their $185,000 initial application fee.

In one case of a contention over the new TLD .coupon (Dot coupon), the battle was between Donuts, Inc and the Coupon.com company. Donuts prevailed. According to an SEC filing, Coupons.com received $4.8 million dollars, apparently based on a privately negotiated agreement. As one pundit noted, it only cost Coupons.com $185,000 to file its application for .Coupons TLD, making this the best coupon the company ever redeemed.

And what about the $41,501,000 winning bid for .SHOP – who got that money? Well, ICANN of course. In fact, in the 15 auctions that have concluded since June 2014, ICANN has amassed $101,357,812 in net proceeds. Some of the top auction winning bids besides Google’s .APP, were .TECH for $6,706,000, .REALTY for $5,588,888, and .MLS for $3,359,000 by CREA. https://newgtlds.icann.org/en/applicants/auctions/proceeds

According to ICANN, “Possible uses of auction funds include formation of a foundation with a clear mission and a transparent way to allocate funds to projects that are of interest to the greater Internet community, such as grants to support new gTLD applications or registry operators from communities in subsequent gTLD rounds, the creation of an ICANN-administered/community-based fund for specific projects for the benefit of the Internet community, the creation of a registry continuity fund for the protection of registrants (ensuring that funds would be in place to support the operation of a gTLD registry until a successor could be found), or establishment of a security fund to expand use of secure protocols, conduct research, and support standards development organizations in accordance with ICANN’s security and stability mission.”

With more than 1500 TLD applications submitted to ICANN in the first round, there are sure to be companies that do not turn their TLDs into successful businesses. But with such a large amount of investment money at stake, we can expect to see a lot of ecommerce activity built around many of the new TLD ventures.

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News Risk Management

New Airbnb disclosure law in California

New Airbnb disclosure law in California

In a matter of a few years, Airbnb has developed a global presence that has attracted many enthusiastic supporters as well as numerous vocal critics, especially those living in the neighborhood. Interestingly, during Airbnb initial attempts to gain venture capital funding, it seems that Brian Chesky, co-founder, took his idea to seven venture capital firms – five threw him out the door after 15 minutes and the other two didn’t even return his phone call. After all, why would anyone give the keys to their house to a stranger who might be a serial killer? And today, that goofball idea has a valuation of $10 Billion.

Airbnb has also attracted the attention of government regulators who have attempted to assert some controls over what is called “hosting platforms.” One law recently enacted in California is of special interest to landlords and property managers. The law — Business and Professions Code Sec. 22590, 22592, and 22594, effective January 1, 2016 — requires a “hosting platform” to warn a tenant that subletting the tenant’s residence may violate his/her lease and could result in eviction.

A “hosting platform” is a marketplace that is created to facilitate the rental of a residential unit offered for tourist or transient use for compensation to the offeror of that unit, and the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining that marketplace. Airbnb is an example of such a platform.

This law requires a “hosting platform” to provide notice to an occupant listing a residence for short-term rental that states:

“if you are a tenant who is listing a room, home, condominium, or apartment, please refer to your rental contract or lease, or contact your landlord, prior to listing the property to determine whether your lease or contract contains restrictions that would limit your ability to list your room, home, condominium, or apartment. Listing your room, home, condominium, or apartment may be a violation of your lease or contract, and could result in legal action against you by your landlord, including possible eviction.”

The notice must be in a particular font size and be provided immediately before the occupant lists each real property on the hosting platform’s Internet Web site in a manner that requires the occupant to interact with the hosting platform’s Internet Web site to affirmatively acknowledge he or she has read the notice.

Well, that’s the latest from California. It’s a disclosure law, one that probably doesn’t have compliance or enforcement teeth.

So, what’s the status of these Airbnb type short-term rentals in your neighborhood? Are they drawing the attention of local regulators?

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Domain Names Dot REALTOR Personal Branding - Domain Names

Where are all the new TLDs?

Undoubtedly, the most popular Top-level domain (TLD) is the dot com domain (.com) that you find as the extension in  most web addresses. Dot com has served the Internet well for the past 30 years, mostly because it was simply available, and could be used for most any purpose. Looking at a dot com address, though, you couldn’t be sure if you were going to arrive at a business, a blog, a school, a church, a whatever.

Until recently, many businesses looking for a web presence discovered that the inventory of meaningful domain names had been heavily exhausted and they had to settle for web addresses containing hyphens, multiple words, awkward abbreviations and numbers. Fast forward to the past two years and we find there are now hundreds of available Top-level domains. We have entered an age of complete words being used as web addresses.

So, you ask: Where are these new top-level domains? Is anyone actually using them?  The answer is yes, and you will start seeing more of the TLDs being activated in 2016. It has taken several years for the momentum to build, but that was also true back in the early years for dot com.

As of the close of 2015, Internet users had registered more than 11 million new domain names (what some domain companies sarcastically refer to as not-com domains).  Donut, Inc, one of the largest TLD registries, said that “The second year of not-com availability has been marked by promising growth in consumer awareness and adoption. As the new domain registrations surge past 10 million, a look at the growth rates reveals a remarkable trend. Since January 2015, total new domain registrations have grown by 263 percent and the average monthly registration rate has more than tripled. Wall Street analysts forecast that not-com registrations could top 20 million by 2016.”

Here’s a random selection of the kinds of complete word domains you’ll be seeing more of in 2016. Please note that many businesses will be building marketing campaigns focused on the use of keywords both to the left and to the right of the dot, and they will be doing this while keeping active any successful dot com web address they have maintained over the years. After careful consideration, one major brand, Barclays, did decide to transition out of their well-established dot com web address and move entirely to their new Barclays TLD address.

https://www.lily.camera/  – check out the video 1.5 min – it is so cool

https://home.barclays

https://manhattan.dental/ — notice the email marketing punch they get with Smile@Manhattan.Dental

http://www.multifamily.loans/

http://lv.condos/

http://www.thehungergames.movie/

http://bluecarp.tax  – Bluecarp Tax Consulting assist U.S. and Canadian individuals and entities dealing with their U.S.  tax issues.

https://book.limo/

http://angelofhope.healthcare/

You can add to the list the two TLDs that NAR was able to acquire last year – the .REALTOR and the .REALESTATE top –levels. While most of the above examples are open for anyone to obtain, NAR’s TLDs are only available to REALTORS®. They are what the registration authority (ICANN) calls Restricted TLDs. For more information, go to www.About.realtor

As you look at your marketing plans for 2016, be sure to spend time evaluating your Domain Strategy. Let us know if we can help –

John and Saul –    www.BetterCallSaul.realtor   mailto:Saul@BetterCallSaul.realtor

 

 

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Domain Names Dot REALTOR Personal Branding - Domain Names

Apple enters the Top-level domain space with .APPLE

Apple sees the value in the new Top-level domains, and joins the ranks of many major brands recognizing that the new Internet addressing system launched by ICANN 2 years ago is starting to take hold in the marketplace.

The registration policy found on Apple’s website tells a lot about the importance Apple places on being the registry operator for the Top-level domain .APPLE that it acquired about the same time that NAR acquired its Top-level domain .REALTOR

“Only Apple can register or use .Apple domain names.  .Apple domain names will be used to provide simple and intuitive navigation to Apple, while signifying a trusted namespace.  Because of this Registration Policy, Apple customers can be assured that if they see a domain name with .Apple at the end, they can better trust it is from Apple.

A TLD is the highest level of a domain name (like ‘.com’ in the apple.com domain name) and generally represents the purpose of the domain name (like how ‘.com’ generally is used for ‘commercial’ websites). Apple was authorized by ICANN, the global regulator of Internet domain names, to be the registry operator for the .Apple TLD. As the registry operator, Apple will manage and set certain policies for the .Apple TLD, which will be used exclusively for Apple-owned websites.

Apple is the registry operator for the .Apple top-level domain.  This Registration Policy covers who is allowed to register .Apple domain names and how those names can be used.”

http://www.apple.com/legal/intellectual-property/tld/registration-policy/

In an unrelated scenario, Apple even sees value in securing their brand in other Top-level domains that are relevant to their core business. We know all about the Apple watch, but did you know that there are rumors flying around concerning Apple’s interest in the automobile industry what with their registration of Apple.Car, Apple.Cars and Apple.Auto

As noted in Mashable.com, “the speculation around an Apple car has been happening in earnest over the last year. And although Apple hasn’t officially confirmed that it is working on an automobile, its hiring moves and statements by executives make it clear the company is at least somewhat interested in the transportation space.

So the domain registrations could just be Apple protecting is trademark and brand across the new .cars, .car and .auto top-level domains (TLDs). And Apple is already in the auto space with CarPlay.

Still, the registrations add more fuel to the rumors that Apple is totally going to come out with a car.”

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Domain Names Dot REALTOR NAR Uncategorized

Centennial Celebration of REALTOR® Brand

NAR Centennial celebration of the REALTOR® brand – www.100years.REALTOR

As part of the 100th anniversary of the REALTOR® trademark, NAR has produced an informative short video that covers the history of the brand and reviews the rules governing members’ use of the trademark. See http://www.realtor.org/videos/window-to-the-law-trademark-centennial

In addition, NAR has created a special website in honor of “100 years of distinction” for the REALTOR® brand. Very fitting that NAR makes use of its recently-acquired Top-level domain to direct traffic to www.100years.REALTOR  . I’m sure they could have used the URL www.realtor.org/100years but I think having the message to the left of the dot and the brand to the right of the dot is more memorable. From a branding perspective, having the brand appear at the end is preferable to having it end with .org or .com

You’ll find another video and screenshots of some of the early advertisements of the REALTOR® name at http://www.100years.realtor/the-centennial – as well as a friendly reminder that the word is properly pronounced in two syllables with emphasis on the first; that is, REAL-TOR (and not REEL-I-TER, or RE-AL-I-TER).

There is an “Add Your Story” section that encourages REALTORS® to contribute a personal story as to what they’ve done in terms of community service and going the extra mile for consumers. At http://www.100years.realtor/add-your-story , “…we want you to tell us what you’re doing in your communities. Do you repair dilapidated homes? Volunteer at a local shelter? Maybe your passion is serving veterans, tutoring students, or organizing pledge drives. Take a picture of the charitable endeavor you’re proud of and tell us about it. Your submission will be part of an online project that will show who REALTORS® are and what you’re made of.”
See all Stories – http://www.100years.realtor/home#/search/all

Congratulations NAR on the Centennial celebration of the REALTOR® brand.

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Copyright Data Licensing MLS (Multiple Listing Service) Risk Management

Copyright Infringement Issues with Listing Photos

Forget about baseball being the national pastime. I think today’s pastime is surfing the web and checking the wonderful photos of real estate properties, whether they be exterior or interior shots, luxury homes, aerial views, video tours, 3D Imaging, you name it.

But who owns the photograph and what rights do they have to stop a third party from infringing on those rights? Those and related issues are the focus of several Risk Management articles prepared by the legal staff at the National Association of REALTORS®.

In a September 2015 article “Who Owns Your Property Photos?” the author points out that: “Improper use of listing photographs, however, can create legal problems for agents, brokerages and MLSs. Authorship and ownership of photographs within the real estate industry is “fractured”. Who authored the photograph and who can use what photograph and in what way varies across the industry. Listing photographs may be taken by homeowners, real estate agents, MLS or brokerage employees, or professional photographers. Photographs may be owned or licensed to different parties in a variety of ways. A misunderstanding of how you may use the photographs for property listings could make you vulnerable to a copyright lawsuit.” http://www.realtor.org/law-and-ethics/who-owns-your-property-photos

The article cites an ongoing case alleging that Zillow continued to use the listing photos in connection with “sold” properties and that this use exceeded the scope of the photographer’s limited license to use the photographs only in connection with active property listings. VHT, Inc. v. Zillow Group, Inc., No. 2:15-cv-1096 (W.D. Wash. 2015). http://www.realtor.org/sites/default/files/court-records/2015/vht-complaint-2015-09-23.pdf

As part of a Risk Management Strategy, the article recommends that you:

  1. Review photography agreements to assess how you can use the photographs
  2. Audit photographs to ensure compliance with the relevant agreements
  3. Determine how you want to use listing photographs and ensure that future agreements permit those uses
  4. Maintain a record of all photography agreements

To that end, NAR provides some Sample Photography Agreements for you to review with your attorney:

So, what happens when you display on your website listing photos provided by other brokers under IDX rules and it turns out that one of those photos is now the subject of a copyright infringement claim by the photographer? There was no way for you to know about the infringement claim. How can you protect yourself?

As suggested by NAR’s Associate Counsel Chloe Hecht in a five minute video clip “Window to the Law: Listing Photo Copyright Issues,” you can limit your liability for copyright infringement by complying with the federal Digital Millennium Copyright Act (DMCA) which provides a “safe harbor” if a third party uploads infringing content on your website. You’ll need to designate a copyright agent on your website and with the Copyright Office; implement a DMCA-compliant website policy; comply with the DMCA takedown procedure; and have no knowledge of the complained-of infringing activity.
http://www.realtor.org/videos/window-to-the-law-listing-video-copyright-issues?cid=RISVID0022

 

In short, be respectful of the photography rights of others and be clear about what rights you grant others to use your listing photographs. And, as recommended in these articles, carefully review the relevant photography agreements.

 

 

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