Please note: this article is a snapshot of a message that was posted on the MLS system at some point within the last year. Things evolve rapidly in our industry, and the information in this article may have changed since it was first published. Compliance Corner articles are not updated after they are published, even if the information contained within has changed.
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Compliance Corner #53
April 1, 2022
Follow this chart to determine what you should choose for the PHOTOS TAKEN BY field when entering your new listings!
1 If your listing’s photos were provided by anyone other than yourself or a member of the SmartMLS Verified Photographer Network. This includes, but is not limited to, the seller/homeowner, another agent, your friend or a photographer who is not a member of the Verified Photographer Network.
2 Listing photos are creative works that are protected by copyright law. It is vital that you either own the copyright or have the proper license to use any photos that you upload to your listings within the MLS.
3 There is a Find a MLS Verified Photographer link right above the Photographer MLS ID field that allows you to quickly find the ID of the verified photographer you used.
4 The photo license agreement must provide the listing agent with the authority to grant SmartMLS a non-exclusive, worldwide, royalty-free license in perpetuity to reproduce, distribute, prepare derivative works of, modify and publicly perform the Content in connection with the real estate industry, including without limitation such uses of the Content in connection with advertising the Listed Properties, to modify any metadata as necessary and to authorize and sublicense such rights to third parties at the discretion of SmartMLS. Sample license agreements are available at www.smartmls.com/sample-agreements.
Additional suggestions:
- If the photos on your listing come from multiple sources, select all options that apply.
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In the near future, Matrix will not allow you to save your listing as Active if you have chosen Other but have not uploaded your photo license agreement. Please get into the habit of uploading the license agreement while the listing is still in the INC status.
The Compliance Team values your opinions, comments and suggestions!!!
Never hesitate to contact us at compliance@smartmls.com or 203-750-6000!
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