PAULA'S SOUTHAMPTON BLOG: REAL ESTATE LISTINGS--INTELLECTUAL PROPERTY??

REAL ESTATE LISTINGS--INTELLECTUAL PROPERTY??

REAL ESTATE LISTINGS--INTELLECTUAL PROPERTY??

Prompted by a comment by Kimo Jarrett on one of my last posts, I decided to write this post to get the opinion of others, maybe more informed members here on AR. The comment by Kimo was on the post  STOP COMPLAINING AND START EXPLAINING!! written 2 days ago. My purpose for writing it was to open a dialogue about the need to get over the issue with the likes of Z,T and other lead generators who are literally taking over our profession without the credentials, the local knowledge or the good of the public in mind. Read Kimo's comment and my response:

Kimo Jarrett:

"A very informative and interesting post about being informed and taking action to grow and protect your business.

Why listing agents are not paid when their listings appear in any other medium other than their local or network MLS has always been a challenge for me, don't you? The agent's listing information is IMO, intellectual property and therefore has value, thus anyone who uses it should compensate the agent for its use or am I wrong in my assessment?

Agents must take action with their MLS Boards and adopt changes to ensure their listings are not shared without adequate or reasonable compensation. When that occurs, you could see a huge reduction in sales costs to the seller, couldn't you? Great post."

 

Me:

"--I have always thought that the "content" that is created by real estate agents IS intellectual property. And there was a time when we had protection for our photographs for instance. But all that seemed to disappear when a certain group of tech guys got involved in a business that they know nothing about! Now look at what is happening--and they seem to be protected from challenges about taking intellectual property--Now they are GIVEN it by the unthinking agents who don't want to do their own work to get listings!! It is a crazy set of circumstances, no?? I agree with you that action must be taken--but by whom? There is a willingness apparently to forgive and forget that Z scraped our listing information off our websites for nearly 10 years!---and that they found out that as "copied" information would not pull the juice in search engines so they came up with the approach which they now use:   They require that agents hand over their content in order to appear, falsely next to listings they know nothing about--and pay Z big $$ on top of it!!" 

I would love to hear from the rest of the members who may have a differing opinion--or if they want to continue the conversation about the fact that our content should be considered Intellectual Property and therefore they should be paying us??? (Or at least be liable for using the content without permission?)

WHAT SAY YOU? PLEASE COMMENT BELOW:

 

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                                     **ALL INFORMATION AND CONTENT IN THIS BLOG IS ORIGINAL TO PAULA I. HATHAWAY.  The views expressed herein are my personal views and do not reflect the views of Douglas Elliman Real Estate

 

Paula I. Hathaway, Senior Broker Associate, Douglas Elliman Real Estate

Southamtpon Village Real Estate Specialist since 1995;  Also Specializes in North Sea, Noyac, Water Mill and Bridgehampton, New York

Diamond , Gold and Chairman's Circle Awards; Top Producer since 2005

 

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Comment balloon 11 commentsPaula Hathaway, REALTOR, LBA • April 21 2019 01:54PM

Comments

Agree with that assesment!!!

"A very informative and interesting post about being informed and taking action to grow and protect your business".

Why listing agents are not paid when their listings appear in any other medium other than their local or network MLS has always been a challenge for me, don't you? The agent's listing information is IMO, intellectual property and therefore has value, thus anyone who uses it should compensate the agent for its use or am I wrong in my assessment?

Posted by Sham Reddy CRS, CRS (H E R Realty, Dayton, OH) 10 months ago

Thank Sham! I think it is time to have a dialogue about the legality of using our IP without paying!..Let's hope we hear from others on this point...

Posted by Paula Hathaway, REALTOR, LBA, ...A Local Expert in all The Hamptons (Douglas Elliman Real Estate) 10 months ago

I listed a home and the seller after getting closed wanted me to remove all information containing his properties and put a flower photo as frontal home shot.  The original content was syndicated on Coldwell Banker, ReMax etc agents sites. I did my part without the flower and asked him to contact these companies showing original content still on their sites after MLS content was removed.  If NAR failed what makes you think I will even care. If you bring me an offer I don't care where you find my listing, A, F, T or Z.  

Posted by Sam Shueh, mba, cdpe, reopro, pe ( (408) 425-1601) 10 months ago

I agree totally.  I have a hard time fathoming what the real estate industry has allowed to happen. Is it too late to reverse the damage and educate the consumers on how they're being bamboozled? That is the question.  

Posted by Carol Williams, Retired Agent / Broker / Property Manager (Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals.) 10 months ago

Hi Sam: I am not worried about the after-sale exposure--its a moot point to anyone but the owner at that time. In that case, Z is keeping all kinds of sold properties as active listings on their site! The big question here, is given the idea that you are not giving the listing to them and that they just took it--scraped it off the website--Does that not give you pause? The line between ownership and stealing intellectual property is very ill-defined for real estate. My guess is that it is becoming an issue as we speak! Did you know that Z is in the process of suing  Compass for taking the technology that Z uses on their site? In my opinion, this is a very slippery slope when it comes to what belongs to whom--especially since Z TOOK listings from brokerages for years! I DO care and that is why I wanted to have a dialogue here...Thanks for your input here.

Posted by Paula Hathaway, REALTOR, LBA, ...A Local Expert in all The Hamptons (Douglas Elliman Real Estate) 10 months ago

Hi Carol: I do too--how could this happen? Except for the lax attention paid to all the REAL issues we run into our brokerage business--why did NAR and REBNY allow this to happen? They are very quick to find minor things to get on our backs about! This is probably the result of the lack of technological knowledge at the point of interacting with the brokerage community--as if it really was not part of their job...Well, now we will see how they respond to Intellectual property questions when we ask. I have someone I can have a conversation with here in Long Island; he may be able to shed some light on the matter...

Posted by Paula Hathaway, REALTOR, LBA, ...A Local Expert in all The Hamptons (Douglas Elliman Real Estate) 10 months ago

I might mention that as Sam said above: "If you bring me an offer, I don't care where you find my listings". That worked in the old world of real estate but in today's iteration, there are so many platforms that we participate in willingly that to shut off one or two national platforms will not kill off the possible sale of a listing. In other words, there are plenty of places for a listing to appear legally to get it sold. A national listing platform is not the best way to present a listing here in the Hamptons since most of our buyers come from Manhattan and surrounding states--those places and Europe where we have a good platform with the partnership with a legit brokerage there.

Posted by Paula Hathaway, REALTOR, LBA, ...A Local Expert in all The Hamptons (Douglas Elliman Real Estate) 10 months ago

I’ve never been that technical about it but it’s definitely a different point of view that’s pretty interesting! Thank you for posting, Paula!

Posted by Laura Cerrano, Certified Feng Shui Expert, Speaker & Researcher (Feng Shui Manhattan Long Island) 10 months ago

Hi Laura: Sure--I have just come to see the importance of local so definitively that the idea of national exposure seems to be a waste of good content. Listings need to be protected and valued like never before---even the homeowners want that--they complain so much if their property is over-exposed..at least they do here. It may vary in other locales but I really doubt it. The value of a listing is not that it's all over the place but that it is focused on the market where it will get its highest and best offers. Thanks for your input here...

Posted by Paula Hathaway, REALTOR, LBA, ...A Local Expert in all The Hamptons (Douglas Elliman Real Estate) 10 months ago

When we join MLS systems, we tend to give up many of our rights.

Posted by Roy Kelley (Realty Group Referrals) 10 months ago

Hi Roy: I know--it is something that we are not really made aware of but it is a relatively new concept that is mainly used within the internet ..I think the topic comes up now because of what is happening all over the place with internet databases and websites that seek out original content  versus copied or scraped information, simply because of the value--They got us here in the Hamptons and that is why I felt it imperative to have a disscussion at the very least. Listings are content--original and very valuable from a technology point of view--No wonder the likes of Z, T and S and now Amazon, and other search engines are creating new ways to get our data...

Posted by Paula Hathaway, REALTOR, LBA, ...A Local Expert in all The Hamptons (Douglas Elliman Real Estate) 10 months ago

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