{"id":579,"date":"2014-05-06T20:32:39","date_gmt":"2014-05-06T20:32:39","guid":{"rendered":"http:\/\/listhubnews.com\/mls\/?p=579"},"modified":"2014-06-16T19:07:13","modified_gmt":"2014-06-16T19:07:13","slug":"tips-tricks-3","status":"publish","type":"post","link":"https:\/\/listhubnews.com\/mls\/tips-tricks-3\/","title":{"rendered":"Tips & Tricks"},"content":{"rendered":"

Do you see anything wrong with this picture?<\/strong><\/p>\n

\"zillow_FSBO\"<\/a><\/p>\n


\n<\/strong>How about now?<\/strong><\/strong><\/p>\n

 <\/p>\n

\"zillow_FSBO2\"<\/a><\/p>\n

 <\/p>\n

As you can see, this home is listed For Sale By Owner on Zillow. But the main image includes an MLS watermark!\u00a0 How can this happen?<\/p>\n

As a real estate professional you invest a considerable amount of time and money marketing a property, often including investing in a professional photographer. Photos, virtual tours, marketing descriptions are all examples of content that belong to you.\u00a0 In other words, the listing content is your intellectual property. However, most publishers\u2019 Terms of Use state that once the listing information is submitted to their website,\u00a0they own your data<\/b>, including the photos and property descriptions, and this data can be used by the publisher website in an unrestricted way, for any use, in perpetuity.\u00a0 By submitting your information to them, you are releasing the listing data to become the intellectual property of that website.<\/p>\n

Below is a portion of the Terms of Use for two of the major publisher websites:<\/p>\n

\"\"You Grant Trulia a License to Use Your Content:\u00a0When you provide User Content via our Services,\u00a0you grant Tru<\/b>lia a royalty-free, perpetual, irrevocable, and fully sublicensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use your User Content<\/b>\u00a0in connection with our Services. We will not pay you or otherwise compensate you<\/p>\n

\"\"License to Data:\u00a0You grant Zillow a\u00a0nonexclusive, royalty-free license to use, copy, distribute, publicly display and perform, and create derivative works of the Data<\/b>, only on and in connection with the web sites and other properties owned or operated by Zillow or its authorized licensees.<\/p>\n

Not only can the publishers retain your intellectual property they can use your listing data for any purpose that they choose \u2013 now and in the future.\u00a0 Often, the purpose may be to create derivative works, meaning they can use your listing data to create new products and services. This can include applications like a Comparative Market Analysis, or CMAs, that they can sell into the real estate industry, or data related products that they can sell to banks, appraisal companies, or other websites.\u00a0\u00a0 According to these terms, you grant the site a \u201croyalty free and irrevocable\u201d license to use your data, meaning you will not receive any payment for the use of your listing data, nor can you take back the use of your data by the publisher.\u00a0\u00a0 Yikes!
\n
\nHow Can You Maintain Control of Your Data?
\n<\/b>To control your listing data online you can either 1) negotiate direct agreements with each publisher website where you advertise your listings, which can be time consuming and require legal assistance or 2) partner with a company who has already done this for you, like ListHub.<\/p>\n

One of the reasons that more than 450 MLSs and 50,000 brokers nationwide use ListHub is because we have negotiated agreements with over 60 national publisher websites that include comprehensive protections for your listing data. There is power in numbers, and ListHub has leveraged this power to advocate on behalf of our broker customers in order to protect their valuable listing data and ensure that it is not misused by the publisher websites.<\/p>\n

Every publisher in the ListHub network must sign a contract that restricts the use of listing information and has the following 3 core tenants:<\/p>\n

    \n
  1. The listing content is used for consumers display use only.<\/li>\n
  2. The listing owner retains ownership of the listing content, including photos and other marketing information, and<\/li>\n
  3. Listing information will be removed from the publisher\u2019s website once the listing is off market.<\/li>\n<\/ol>\n

    These tenants are crucial as the ListHub Contract\u00a0supersedes\u00a0the Terms of Use published on each of the publishers\u2019 websites, so they are binding rules.\u00a0 So in the example given above, your photos or other intellectual property could not be retained the publishers in the ListHub network. Furthermore, if you or your agents have concerns about a publisher abiding by the rules, ListHub has the ability to review and enforce the rules if necessary.<\/p>\n

    To review the specific terms that ListHub\u2019s contracts include to protect your listing data\u00a0click here<\/a>.<\/p>\n

     <\/p>\n

     <\/p>\n

     <\/p>\n

     <\/p>\n

     <\/p>\n","protected":false},"excerpt":{"rendered":"

    Share how broker members can protect their valuable listing data.<\/p>\n","protected":false},"author":3,"featured_media":471,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[5],"tags":[],"class_list":["post-579","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-archives"],"acf":[],"_links":{"self":[{"href":"https:\/\/listhubnews.com\/mls\/wp-json\/wp\/v2\/posts\/579","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/listhubnews.com\/mls\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/listhubnews.com\/mls\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/listhubnews.com\/mls\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/listhubnews.com\/mls\/wp-json\/wp\/v2\/comments?post=579"}],"version-history":[{"count":7,"href":"https:\/\/listhubnews.com\/mls\/wp-json\/wp\/v2\/posts\/579\/revisions"}],"predecessor-version":[{"id":668,"href":"https:\/\/listhubnews.com\/mls\/wp-json\/wp\/v2\/posts\/579\/revisions\/668"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/listhubnews.com\/mls\/wp-json\/wp\/v2\/media\/471"}],"wp:attachment":[{"href":"https:\/\/listhubnews.com\/mls\/wp-json\/wp\/v2\/media?parent=579"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/listhubnews.com\/mls\/wp-json\/wp\/v2\/categories?post=579"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/listhubnews.com\/mls\/wp-json\/wp\/v2\/tags?post=579"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}