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Nope. Using them without permission of whoever wrote them is a violation of copyright, law, whether the violator derives financial benefit from them or not. (And deriving financial benefit doesn't always me - government forms/publications aren't copyrighted in the U.S.) is copyrighted from the moment it is created (put down on paper, typed into a computer, etc.) and unless the author specifically puts them in the public domain (which would be in writing) or sells the copyright (not just a copy of the writing, and in which case there would be a contract), the copyright and the right to publish anywhere remain with the author. If you use them without permission AND don't credit the original author, that's violations of both copyright law and plagiarism (a different, similar but not identical, violation of the law).
At least, this is my understanding from both the U.S. Copyright Office website and the forums that I lurk on where the participants are intellectual property attorneys.
Nope. Using them without permission of whoever wrote them is a violation of copyright, law, whether the violator derives financial benefit from them or not. (And deriving financial benefit doesn't always me - government forms/publications aren't copyrighted in the U.S.) is copyrighted from the moment it is created (put down on paper, typed into a computer, etc.) and unless the author specifically puts them in the public domain (which would be in writing) or sells the copyright (not just a copy of the writing, and in which case there would be a contract), the copyright and the right to publish anywhere remain with the author. If you use them without permission AND don't credit the original author, that's violations of both copyright law and plagiarism (a different, similar but not identical, violation of the law).
At least, this is my understanding from both the U.S. Copyright Office website and the forums that I lurk on where the participants are intellectual property attorneys.
I would agree unless the person who wrote them is the creater of the forms. They can give away their stuff however they see fit. But if they plagarized another form, then they would be liable for that regardless of whether or not they charge or not (as I understand this).
Someone used my content on their own website and I sent them a not so kindly cease and desist.
I guess I would want to know if I was going to use a real estate form that it was not written by an attorney. That would make some people very happy and others nervous.
That's why I said "without the permission of whoever wrote them". Permission - explicit, written permission - is the key to copyright law. Control of where one's work is published is at its base, not just financial gain.
That's why I said "without the permission of whoever wrote them". Permission - explicit, written permission - is the key to copyright law. Control of where one's work is published is at its base, not just financial gain.
Sheesh...you expected me to read every word of your post? Not sure how I missed that, first sentence...I guess not enough coffee in the morning.
LOL! I know how you feel. But you gave me an opportunity to reiterate what copyright, as I understand it, is all about - control of the work product, not just money.
The question in my mind, other than copyright violations, is whether the person providing the forms is acting as an unlicensed agent, or an unlicensed attorney?
The question in my mind, other than copyright violations, is whether the person providing the forms is acting as an unlicensed agent, or an unlicensed attorney?
That was my first thought as well, but Mike Peterson seemed to think that as long as they weren't being compensated it wasn't an issue.
OK. So they are in the public with support for their Clients. Now I wonder about E&O, liability, ongoing education, ethics, and the criminal record.
I still think because it is a FSBO site they are able to skate around all the legal ramifications, that's not to say I think it's right.
I think each state is going to have to come up with some more definitive guidelines as to how far FSBO sites can go before they are considered practicing Real Estate.
Some FSBO site are owned by brokers and so they are in a grey area or doing both.
Other sites just give a seller the oportunity to advertise.
Like many issues in real estate there should be a guideline IMO . Also if an agent is working for both the seller as well as the buyer... who's interest is served the best?
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Not sure how I missed that, first sentence...I guess not enough coffee in the morning.
