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Location: A Very Naughtytown In Northwestern Montanifornia U.S.A.
1,088 posts, read 1,946,460 times
Reputation: 1986
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Quote:
Originally Posted by Silverfall
No attorney worth their beans will have you move forward in a copyright case without your images being registered at the Copyright Office. I've done the copyright lawsuit and learned a lot when I sued.
Yes you are right, anyone who takes a photograph of anything owns the copyright the second they snap the shutter and if the photo is stolen unfortunately the owner of the photo they can not get monetary damages for the infringement unless the photo owners copyright is registered with the federal government. It is unlikely that realtors pic of their listing would be registered so a win in a copyright infringement case can only yield a cease a desist order under federal law.
If they do it again then you can sue again for punitive damages or press for criminal prosecution.
A waste of time really.
IDX DOES complicate it. You may not want to believe that but it's the first defense they will use. Using IDX incorrectly is not breaking a law - it's breaking an MLS rule. I have already stated that it's done here all the time - all be it unethically. I know all about IDX and VOW and am just stating the realities of the situation. Copyright and actual damages are a separate issue. Go for it - hope you win.
IDX DOES complicate it. You may not want to believe that but it's the first defense they will use. Using IDX incorrectly is not breaking a law - it's breaking an MLS rule. I have already stated that it's done here all the time - all be it unethically. I know all about IDX and VOW and am just stating the realities of the situation. Copyright and actual damages are a separate issue. Go for it - hope you win.
This is not IDX. The MLS does not have anything to do with what this guy has done. I already spoke to the mls.
This is where a person has stolen my listing (and many others) that I placed on Craigs List. He took that listing from Craigs List and replaced my contact information with his. Even if it were through IDX, the agent could not remove the listing brokers contact information. But, to repeat, this was not through the IDX system.
I'm surprised no one has mentioned this. There is a button on Craigslist to report scam postings. Click on it. Go to a different office computer, click on it again, go to a different office computer, click on it again. Once they get a few reports, the listing is automatically pulled.
Then you have to keep an ongoing eye on it and repeat as needed.
I'm really surprised MLS said it wasn't a violation, though. I think it would be.
is this person a member of your mls - yes or no? (i'm guessing yes since you already called them)
do you utilize idx - yes or no? (i'm guessing yes since most mls's utilize idx or vow)
that's all. i know what they did - thought that was clear. you don't need to keep explaining it.
This has nothing to do with IDX because the MLS doesn't feed Craigslist. I don't see how he can be editing your listing on CL without knowing your account info. He can copy it and put his name on it, I suppose, but that's not what you seem to be saying. No matter what, though, you need to take it to your association if you are both Realtors. He is violating a number of Code of Ethics rules. Specifically, Articles 12 (12-5) and 16 would probably apply.
I'm surprised no one has mentioned this. There is a button on Craigslist to report scam postings. Click on it. Go to a different office computer, click on it again, go to a different office computer, click on it again. Once they get a few reports, the listing is automatically pulled.
Then you have to keep an ongoing eye on it and repeat as needed.
I'm really surprised MLS said it wasn't a violation, though. I think it would be.
Thanks Lacerta. Good advice. I was aware of the Craigs List scam reporting, and that is one of the last actions I'll take. I want to take a stronger action first, in addition to notifying a few of the 300+ other agents who has had their listings stolen.
I'm not interested in taking legal action for any photograph copyright violation. I just want to stop this person from this practice. The people at AAR told me they're hearing more phone complaints about this type activity, but no one has filed a complaint, and they can't do anything without a complaint being filed.
Who would do this? The risks far out way the possible benefits. Someone doing this is only looking to get leads. If they did sell that listing you are still the listing agent and would get paid. They can't take that from you. To put your license at risk and face a possible lawsuit to maybe get leads? You'd have to be a complete idiot to do this. Oh ya, most agents are idiots, I forgot.
This has nothing to do with IDX because the MLS doesn't feed Craigslist. I don't see how he can be editing your listing on CL without knowing your account info. He can copy it and put his name on it, I suppose, but that's not what you seem to be saying. No matter what, though, you need to take it to your association if you are both Realtors. He is violating a number of Code of Ethics rules. Specifically, Articles 12 (12-5) and 16 would probably apply.
He has over 300 of these stolen listings, and I just looked at a few. It appears as if he copies the information and then makes his own listing, because all the listings have the same format. He may have a couple of assistants doing it for him because on a few the mls number is not removed.
It's also a violation of the commissioners rules, and that will be the strongest teeth. I'll be filing a complaint with the ADRE and the AAR, then with his broker, and finally do the scam thing with Craigs List.
He has over 300 of these stolen listings, and I just looked at a few. It appears as if he copies the information and then makes his own listing, because all the listings have the same format. He may have a couple of assistants doing it for him because on a few the mls number is not removed.
It's also a violation of the commissioners rules, and that will be the strongest teeth. I'll be filing a complaint with the ADRE and the AAR, then with his broker, and finally do the scam thing with Craigs List.
I would not remove them from Craigslist until I had them well-documented via screen captures and copied links and source code files, and saved on a drive.
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