With a keen focus on the Internet and its potential for business, NAR is raising awareness throughout the Realtor organization of the importance of protecting information developed by REALTORS® in the course of their work. Such information -- in particular the selection and arrangement of data in multiple listing system compilations -- is information that can be protected as intellectual property. Losing control of valuable intellectual property could mean an ultimate loss in their bottom line revenue.
NAR's primary goal in raising awareness of intellectual property rights is to keep the REALTOR® central to the real estate transaction. Maintaining careful control of listing information and listing information systems is critical to achieving that goal.
REALTORS® have an important role to play as multimedia content providers. A property data sheet, for example, contains some protectable elements. An increased awareness of what constitutes intellectual property is critical. Protecting that intellectual property with legal safeguards is the next step. Local associations and multiple listing systems must be particularly careful when approached by a third party wanting to make use of their data. REALTORS® must be wary of proposed contracts that even hint at shifting control of data ownership.
It's clear that forces outside of the real estate industry also have recognized the value of such information and are seeking to take control. The notion of ownership as it relates to intellectual property and the Internet is creating opportunities for outside entities to mine our members' data. These entities do not necessarily operate in the best interest of REALTORS®.
We want REALTORS® to have the means to protect their intellectual property, and to remain the gateway to the modern property transaction. We hold the key to real estate, not a lock on real estate. We must use that key wisely, so consumers will continue to want our services, rather than feel forced to use them.
Intellectual Property: Sample Contract Language
Issue(s):
NAR SAMPLE CONTRACT LANGUAGE
1. Transfer of Rights.
Distributor acknowledges that any Information Content provided under this Agreement is the property of the Content Provider or its licensors and that distributor has no right in any of the Information Content except those expressly granted by this Agreement.
3. Usage Information.
Content Provider will own all user information and usage data, including specific user information Distributor derives from or in relation to the use of any Information Content provided Distributor under this Agreement (the "Usage Data"). Distributor will provide such Usage Data to Content Provider on a monthly basis at no charge and agrees not to use any Usage Data for any purpose that has not been expressly approved by Content Provider in advance.
4. Peripheral Services
Distributor agrees not to use the Information Content in order to solicit, promote or otherwise commercialize any Peripheral Service (define) that has not been expressly approved by the Content Provider in advance.
5. Disclaimer.
Content Provider does not make any warranties concerning the Information Content, express, implied or otherwise. ALL INFORMATION CONTENT IS PROVIDED BY CONTENT PROVIDER "AS IS," AND CONTENT PROVIDER SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE INFORMATION CONTENT PROVIDED UNDER THIS AGREEMENT.
6. Indemnity.
Distributor agrees to defend, protect and hold harmless Content Provider from and against any third party claims arising out of or in connection with Distributor's use, display, transmission, reproduction or distribution of any Information Content.
provided by J.T. Westermeier, Partner
Fenwick & West, Washington, D.C. Office