DOCSLIB.ORG

SEMAR Weekly Bulletin - November 23, 2015

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
SEMAR Weekly Bulletin - November 23, 2015 SEMAR Weekly Bulletin - November 23, 2015 Website Find Your Home Find a REALTOR Consumer Resources Contact So much info, so little room November 23, 2015 NAR Legal Update - what's all the fuss about? Convention this year was jam-packed with information. So much so, that it's hard to know what to share with you. Sharing all of it might have you yawning by the third sentence. Each of the leadership who attended has shared with you what they felt was most important to you, as our member. I won't reiterate what they have shared, but there are a few items of note from the Legal Update session. Let's start with the good news. There were no complaints reported to the Karen Becker DOJ regarding VOWs this year. Yea! CEO DMCA (Digital Millennial Copyright Act) was a hot topic at several sessions. Knowing who has the copyright on photos is vital to protect yourself against a lawsuit. For instance, can you upload a photo of a listing to your social media? Maybe. Depends on several factors. Is it okay to use a photo from a past listing of the same address? Again, depends. Did you take the photos from the past listing? If not, the answer is an unequivocal NO! Not only is it a violation of copyright, but it carries a hefty MLS fine ($1K). NAR put together some sample agreements that you can access to help with this issue. To take a look, click here. A handbook is in the works and will be available from NAR in the 1st quarter of 2016. On the plus side - The NeighborCity copyright lawsuit has finally been resolved with injunctions and significant civil penalties. SEMAR Weekly Bulletin - November 23, 2015 After the first year of adoption for REALTOR Association Core Standards, there has been a decrease of 130 Associations across the U.S. There were 84 mergers involving 192 Associations. Independent contracts - sigh. Yep, it's still an issue. We're keeping a close eye on it. Right now the concern is with instructors for real estate. SEMAR is in compliance with appropriate contracts in place for contracted work. There's much, much more, but I'm going to give you a break to go grab some popcorn for the rest of the newsletter because you won't want to miss a single word! (If you aren't going to read it, don't tell me.) Don't forget! SEMAR will be closed November 26 and 27 for Thanksgiving. Wishing you and your family a safe, happy turkey day! Karen CEO SEMAR closed... SEMAR will be closed Thursday and Friday, November 26 and 27, in observance of Thanksgiving. We are thankful for you and all you do for our industry! HAPPY THANKSGIVING! Sleighbells ring... Are you listenin'? Winona is hosting their annual Holiday Party on Thursday, December 3, for this fun happy hour with heavy hors de oeuvres, from 5:00 pm to ??? at Bubs, 65 E. 4th Street. SEMAR Weekly Bulletin - November 23, 2015 Remember how fun it was last year? This year promises to be just as energetic. Join your colleagues and friends for a few libations, lots of good food, and networking. Cost to attend? Only $12.50/ person. Bring canned goods or monetary donations to benefit your local food shelf. Angel Tree is the focus of Albert Lea Christmas party Join Albert Lea members and guests at this celebration of the holidays at Wedgewood Cove on Wednesday, December 9. Social hour begins at 5:30, with dinner at 6:30. Cost for this elegant event is only $20/person. To get a flyer with all the details, click here. Deadline to sign up is Monday, November 30! Please bring an unwrapped toy for the Salvation Army Angel Tree. President's message Convention in a snapshot - We started our week at NAR 360 and Residential Economic Issues & Trends Forum. We start here to get an overview of where the real estate market and economy has been and where it is headed. NAR Chief Economist, Mr. Lawrence Yun was one of the speakers. I enjoy listening to Dr. Yun because his message is conveyed in a way that everyone can easily Tami Gunn & Karen Becker at Understand. the Region 8 Caucus Key points from this year's presentation: · Lifetime wealth is at an all-time high · Home ownership rate is at a 50-year low · First-time home buyer dipping in 2015 to 32% · Lack of starter home inventory · Student loan debt has hit a high of 1.3 trillion dollars · Existing home sales 5.3 million in 2015 Key Points from the H.O.M.E. Survey (Housing Opportunity and Market Experience) · The desire to own remains strong and is strengthening, SEMAR Weekly Bulletin - November 23, 2015 · 83% of Americans believe buying is a good financial decision, · 87% of Americans believe homeownership is part of their personal American Dream. I attended the Local Leadership Idea Exchange Council (for Boards with 500-1,999 members), the RPAC Fundraising Forum, the Local President/President-Elect Roundtables, and the Region Caucus for our region. We had a busy week exchanging and sharing ideas for our association and RPAC. The regional caucus was a great opportunity to share our state and local successes! The general session is another of my favorites and this year did not disappoint. It was amazing to see all of the REALTOR'S across the world...with a special tribute to France! It was definitely a heart- warming moment to see us all stand united! This is the session where we hear and get inspired by the Good Neighbor Award winners who give extraordinary contributions and volunteer time to their charities...so impressed! We cheered for the state REALTOR of the Year recipient's. Congratulations to the Minnesota REALTOR of the Year, Rod Helm! The keynote speaker was Emmitt Smith, three- time Super Bowl Champion with the Dallas Cowboys and Dancing with the Stars champion (which is how I know him). I'm so glad I attended..Such an inspiring night! Bells will be ringing... Mark You Calendars! Salvation Army REALTOR® Ring Day is Friday, December 4th! REALTOR® Ring Day will feature hundreds of REALTORS® bell ringing at more than 150 kettle locations around the state - but we need your help! In an effort to feed the hungry, house the homeless, and free people from addiction, Minnesota REALTORS® SEMAR (along with many other associations across the state) have teamed up with the Salvation Army for this great event once again! Consider volunteering 1 shift with co-workers, family, or friends and wear your REALTOR® "R" with pride! Sign up at realtorringday.com. MNAR is holding their 2nd annual REALTOR® Ring Holiday Contest!! It's time to go through the attic, ask grandma or grandpa for their stylish holiday sweaters, or get creative and design your own! All REALTORS® are invited to wear their ugly holiday sweaters and show off their holiday spirit on REALTOR® Ring Day - Friday, December 4th! HOW TO ENTER Capture ONE picture of you, your family, or REALTOR® friends on December 4th at your designated ring location (you must be in the picture). Submit your photo with your first and last name, ring location, and brokerage you are with, to [email protected] with "MN Ring Contest" in the subject line. Kate will post entries on MN REALTORS'® Facebook Page. Visit the MN REALTORS'® Facebook Page throughout the day to VOTE! SEMAR Weekly Bulletin - November 23, 2015 VOTE by LIKING the pictures posted. The likes will be counted per entry on the MN REALTORS'® Facebook Page - be sure to direct family and friends to the MN REALTORS'® Facebook Page to VOTE for your picture! Voting will be open until 8am December 5th! MN REALTORS® will announce the winner with the most LIKES on the MN REALTORS'® Facebook Page on Monday, December 7th! The winner will receive a $100 Visa gift card! NAR Director - Board had some critical decisions to make These are the high points from the NAR BOD of director meeting held in Sunny San Diego on Monday November 16th 2015. I am very proud to represent Minnesota on your behalf. Tracie Fogelson. The board heard reports on a number of NAR initiatives-including advocacy successes in 2015. A recent Call for Action on guarantee fees was the most successful CFA in NAR's history, with almost 19 percent of Tracie Fogelson members nationwide responding. Minnesota was closer to 30%. The CFA NAR Director is still in effect and asks members of Congress not to use funds generated from the guarantee fees to fund federal initiatives that aren't related to housing. More than 30 percent of NAR members have contributed to RPAC, which raised $30 million in 2015, 10 percent more than in 2014. The most substantive action taken by the Board of Directors was the passing of a motion put forward by the Executive Committee to enter a contract with ZipLogix to provide the basic form and transaction software for all NAR members. ZipLogix is jointly owned 70 percent by the California Association of Realtors and 30 percent by NAR. This is a forms only product with unlimited storage. It does not offer a mobile platform or a digital signature program. NAR is currently in negotiations with providers to offer discounts for those services. Over 600,000 members already use ZipLogix. The 3 year contract will cost $11.5M annually. The funds will come from reserves. The new "Get REALTOR®" advertising campaign was revealed. The millennial-focused campaign is currently in production.
Load more

Recommended publications
  • Breaking News from Southeast Minnesota Association Of
    WEEKLY BULLETIN December 1, 2014 In This Issue Your Welcome to Southeast Minnesota Local on the 8's Association of REALTORS® REALTOR Ring Day Dear Karen, Sorensen retirement party Holiday Parties I saw on Facebook where people were weighing themselves before and after Thanksgiving. Really ? SEMAR closures for holidays Why would you want to do that to yourself? I, for one, have no intention of stepping on the scale from Hell Shaun's Tip Corner REALTOR until after the new year - LONG after the new year! Rally - sign up today! SEMAR My bad, I know. Mandatory Ed Schedule MLS I hope you and yours had a wonderful Thanksgiving. Karen News You Can Use Members on We are officially in the shopping season - it's also the Becker, season of giving. Take a few hours out of your day CEO the Move to ring for the Salvation Army on December 5! It's a awesome way to give. Nuggets from NAR Speaking of giving... Ed Pompeian was featured on NBC News Contact Us Making a Difference! Click here - he's the 6th story as of today's writing. Rochester Office 3400 E River Rd NE Have a great week! Rochester, MN 55906 507-285-9833 Warm regards, Owatonna Office 140 W. Pearl, Ste 2 Karen Owatonna, MN 55060 507-455-0225 Your Local on the 8's The DMC Board will finish their work on Dec. 15. Soon thereafter, they will give their final plan to the Rochester City Council for its review and approval. By statute, the City has to provide 60 days for the public to weigh in.
    [Show full text]
  • IN the UNITED STATES DISTRICT COURT for the DISTRICT of MARYLAND : METROPOLITAN REGIONAL INFORMATION SYSTEMS, INC., : Et
    Case 8:12-cv-00954-DKC Document 436 Filed 07/06/15 Page 1 of 42 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : METROPOLITAN REGIONAL INFORMATION SYSTEMS, INC., : et al. : Plaintiff, and Counterclaim Defendants : v. : Civil Action No. DKC 12-0954 : AMERICAN HOME REALTY NETWORK, INC. : Defendant, and : Counterclaimant : MEMORANDUM OPINION Presently pending and ready for resolution in this copyright infringement and antitrust case are: (1) a motion for summary judgment filed by Counterclaim Defendant the National Association of Realtors (“NAR”) (ECF No. 410); and (2) three motions to seal filings in connection with the motion for summary judgment (ECF Nos. 412, 424, 430). The issues have been fully briefed and the court now rules, and no hearing is necessary. Local Rule 105.6. For the following reasons, NAR’s motion for summary judgment will be granted. The three motions to seal will be denied without prejudice to renewal within fourteen (14) days. Case 8:12-cv-00954-DKC Document 436 Filed 07/06/15 Page 2 of 42 I. Background The factual and procedural background of this action has been extensively documented in previous opinions, thus only a brief summary of those facts relevant to the instant motion for summary judgment is necessary. (See ECF Nos. 34, 64, 159, 180- 1, 239, 351). The Metropolitan Regional Information Systems, Inc. (“MRIS”) brought a copyright infringement action against American Home Realty Network, Inc. (“AHRN”) and Jonathan J. Cardella, AHRN’s Chief Executive Officer, on March 28, 2012.1 (ECF No. 1). MRIS offers an online fee-based “multiple listing service” (MLS) to real estate brokers and agents.
    [Show full text]
  • IN the UNITED STATES DISTRICT COURT for the DISTRICT of MARYLAND SOUTHERN DIVISION METROPOLITAN REGIONAL * INFORMATION SYSTEMS, INC., * Plaintiff, * * V
    Case 8:12-cv-00954-DKC Document 34 Filed 08/27/12 Page 1 of 32 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SOUTHERN DIVISION METROPOLITAN REGIONAL * INFORMATION SYSTEMS, INC., * Plaintiff, * * v. * Civil Action No. 12-cv-00954-AW * AMERICAN HOME REALTY NETWORK, * INC., et al., * Defendants. * **************************************************************************** MEMORANDUM OPINION Plaintiff Metropolitan Regional Information Systems, Inc. (“MRIS”) brings this action against Defendants Jonathan J. Cardella (“Cardella”) and American Home Realty Network, Inc. (“AHRN”). The following motions are pending before the Court: (1) Cardella’s Motion to Dismiss, Doc. No. 23; (2) AHRN’s Motion to Dismiss, Doc. No. 24; (3) MRIS’s Motion for Leave to File a Surreply to Defendants’ Replies in Support of their Motions to Dismiss, Doc. No. 30; and (4) MRIS’s Motion for Preliminary Injunction, Doc. No. 16. The Court has reviewed the motion papers and finds no hearing is necessary. See Loc. R. 105.6 (D. Md. 2011). For the reasons articulated below, the Court GRANTS Cardella’s Motion to Dismiss for lack of personal jurisdiction, DENIES AHRN’s Motion to Dismiss, DENIES as moot MRIS’s Motion for Leave, and GRANTS MRIS’s Motion for Preliminary Injunction. I. FACTUAL AND PROCEDURAL BACKGROUND The following facts are taken from the Complaint and the parties’ briefs and attached exhibits. Plaintiff MRIS is a Delaware corporation with its principal place of business in Rockville, Maryland. MRIS provides what is known in the real estate industry as “multiple Case 8:12-cv-00954-DKC Document 34 Filed 08/27/12 Page 2 of 32 listing services” (“MLS”).
    [Show full text]
  • DOS Fines Broker for Illegally Collecting Additional Commission by S
    New York State Association of REALTORS® A risk management tool for LEGALLINES New York’s REALTORS® SECOND QUARTER 2014 DOS fines broker for illegally collecting additional commission By S. Anthony Gatto, Esq., NYSAR Legal Counsel In the matter of New York State Department HRA on November 22, 2011. The agreement Both Trager and Bond admitted that they of State v Trager and Bond, the Administra- titled, “Broker’s Statement for Fee Payment would not permit Hannah to move into the tive Law Judge heard the issue of whether a by Check,” stated that the brokerage was only apartment until they paid the brokerage broker can collect an additional commission entitled to 50 percent of one month’s rent the difference between what HRA paid and from a tenant that is receiving for a commission and that the what the brokerage normally charges for a public assistance. brokerage agrees that the ten- rental, one full month’s rent. Bond held the New York News ants are not responsible for any apartment key until Hannah made the ad- In this matter, Omega Bond monies in excess of the amount ditional payment. was a licensed salesperson with issued by HRA, which is 50 Trager, LLC (brokerage), a brokerage in New percent of one month’s rent. The brokerage The brokerage tried to justify the additional York, NY whose principal broker was Victor freely signed the agreement. commission charged to Hannah by submitting I. Trager (broker). The brokerage was acting an undated client registration and fee agree- as a dual agent in a rental transaction with The brokerage received a check for 50 ment Hannah signed prior to the brokerage Brenda and Yolonda Hannah, a mother and percent of the monthly rent from HRA signing the “Broker’s Statement for Fee Pay- daughter looking for an apartment to rent.
    [Show full text]
  • 20130624 SAC FINAL Redacted for Filing
    Case 8:12-cv-00954-AW Document 168 Filed 06/24/13 Page 1 of 73 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND GREENBELT DIVISION METROPOLITAN REGIONAL ) INFORMATION SYSTEMS, INC., ) ) Plaintiff, ) REDACTED ) v. ) Civil Action No. 12-cv-954-AW ) AMERICAN HOME REALTY NETWORK, INC. ) ) ) ) Defendants, ) ) AMERICAN HOME REALTY NETWORK, INC., ) ) Counterclaimant, ) ) v. ) ) METROPOLITAN REGIONAL ) INFORMATION SYSTEMS, INC., ) ) and ) ) NATIONAL ASSOCIATION OF REALTORS, ) ) and ) ) DOEs Nos. 1 – 25, ) ) Counterclaim Defendants. ) ) SECOND AMENDED COUNTERCLAIM Case 8:12-cv-00954-AW Document 168 Filed 06/24/13 Page 2 of 73 Counterclaimant, AMERICAN HOME REALTY NETWORK, INC., (hereinafter, "Counterclaimant" or "AHRN") by its counsel, pursuant to leave of Court by Order of June 10, 2013 [D.E. 160, at 2], hereby files this Second Amended Counterclaim pursuant to Fed. R. Civ. P. 15(a)(1)(B), and complains of counterclaim defendants METROPOLITAN REGIONAL INFORMATION SYSTEMS, INC. AND NATIONAL ASSOCIATION OF REALTORS and DOES Nos. 1-25 (collectively "Counterclaim Defendants," or "Defendants") as follows: 1. Counterclaimant, AMERICAN HOME REALTY NETWORK, INC. ("AHRN") is a corporation organized under the laws of the State of Delaware with its principal place of business at 222 7th Street, 2nd Floor, San Francisco, California, and is a licensed real estate broker in the State of California. 2. Counterclaim Defendant, METROPOLITAN REGIONAL INFORMATION SYSTEMS, INC. ("MRIS") is a corporation organized under the laws of the State of Delaware with its principal place of business at 9707 Key West Avenue, Suite 200, Rockville, Maryland. MRIS, the largest Multiple Listing Service ("MLS") in the United States, began this case with copyright infringement, Lanham Act, and state law tortious conversion and unjust enrichment claims against AHRN.
    [Show full text]
  • Top Five Questions About Using MLS Data
    Top Five Questions about Using MLS Data Katie Johnson NAR Associate Counsel [email protected] Can MLSs and brokers control how their listings are syndicated? Can MLSs and brokers control how their listings are syndicated? YES! ListHub ListHub Filters (coming soon . .) • MLS Preferred • Frequent Refreshing of Feed • Display Listing Agent Contact Info • Mobile App Point2 Point2 Point2 Publishers • Only use licensed content for advertising properties when they are for sale or rent • Cease the display of a specific real estate listing when that listing is no longer included in the feed of licensed content from Point2 Point2 Publishers • Display the listing agent’s or broker’s branding and contact information in a prominent manner • Provide all leads back to the listing agent at no cost to the agent • Provide error and metrics reports (e.g., statistics on how many times a listing was viewed) ListHub Publishers • Operate a business to consumer website • Cannot send or distribute the licensed content to any third party • Maintain all licensed content in publisher’s database and under publisher’s control at all times ListHub Publishers • Display consumer redirection URL • Route all leads to the broker or agent at no cost • Provide error and metrics reports • Publish ListHub feed of “MLS-sourced” listing over any other source regarding same property NAR Resources • “Syndication” page on REALTOR.org. – http://www.realtor.org/topics/syndication. • “Checklist of Issues to Address in a Syndication Agreement.” – http://www.realtor.org/topics/syndication/checklist-of- issues-to-address-in-a-syndication-agreement. Can an MLS sue a website for displaying their listings without authorization? Can an MLS sue a website for displaying their listings without authorization? YES! Current Litigation • Metropolitan Regional Information Systems, Inc.
    [Show full text]
  • PUBLISHED UNITED STATES COURT of APPEALS for the FOURTH CIRCUIT No. 12-2102 METROPOLITAN REGIONAL INFORMATION SYSTEMS, INC
    PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2102 METROPOLITAN REGIONAL INFORMATION SYSTEMS, INC., Plaintiff - Appellee, v. AMERICAN HOME REALTY NETWORK, INC., Defendant – Appellant, and JONATHAN J. CARDELLA; NATIONAL ASSOCIATION OF REALTORS, Defendants. ------------------------- CONSUMER ADVOCATES IN AMERICAN REAL ESTATE, Amicus Supporting Appellant. No. 12-2432 METROPOLITAN REGIONAL INFORMATION SYSTEMS, INC., Plaintiff – Appellee, v. AMERICAN HOME REALTY NETWORK, INC., Defendant – Appellant, and JONATHAN J. CARDELLA; NATIONAL ASSOCIATION OF REALTORS, Defendants. ------------------------- CONSUMER ADVOCATES IN AMERICAN REAL ESTATE, Amicus Supporting Appellant. Appeals from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:12-cv-00954-AW) Argued: May 15, 2013 Decided: July 17, 2013 Before TRAXLER, Chief Judge, and GREGORY and DUNCAN, Circuit Judges. Affirmed by published opinion. Judge Duncan wrote the opinion, in which Chief Judge Traxler and Judge Gregory joined. ARGUED: Peter Farkas, FARKAS & TOIKKA LLP, Washington, D.C., for Appellant. Margaret Aldona Esquenet, FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP, Washington, D.C., for Appellee. ON BRIEF: Richard S. Toikka, FARKAS & TOIKKA LLP, Washington, D.C.; Christopher R. Miller, Chief Legal Officer and General Counsel, AMERICAN HOME REALTY NETWORK, INC., San Francisco, California, for Appellant. John T. Westermeier, FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP, Reston, Virginia,
    [Show full text]
  • Seeking Justice for America's Forgotten Victims: Reforming The
    \\jciprod01\productn\N\NYL\15-3\NYL307.txt unknown Seq: 1 17-DEC-12 10:51 SEEKING JUSTICE FOR AMERICA’S FORGOTTEN VICTIMS: REFORMING THE FOREIGN SOVEREIGN IMMUNITIES ACT TERRORISM EXCEPTION Ilana Arnowitz Drescher* INTRODUCTION .............................................. 792 R I. LEGISLATIVE HISTORY OF THE FOREIGN SOVEREIGN IMMUNITIES ACT TERRORISM EXCEPTION .............. 797 R A. Backdrop to the Foreign Sovereign Immunities Act............................................. 798 R B. Establishment of the Foreign Sovereign Immunities Act............................................. 799 R C. The 1996 Amendment to the Foreign Sovereign Immunities Act ................................. 801 R D. The 2002 Amendment to the Foreign Sovereign Immunities Act ................................. 804 R E. The 2008 Amendment to the Foreign Sovereign Immunities Act ................................. 805 R II. THE CURRENT STATE OF DAMAGE AWARDS AND RECOVERY UNDER THE FOREIGN SOVEREIGN IMMUNITIES ACT .................................... 806 R A. Punitive Damages Fail to Deter SSTs ............ 806 R B. Compensatory Damages Fail to Compensate Victims ......................................... 813 R III. PROPOSED LEGISLATION TO REPLACE THE FOREIGN SOVEREIGN IMMUNITIES ACT TERRORISM EXCEPTION . 816 R A. Model Legislation ............................... 816 R 1. Summary of the Foreign Sovereign Immunities Reform Act of 2012 ......................... 816 R 2. Meeting the Twin Policy Goals of Deterrence and Compensation .......................... 818 R * J.D., 2012, New York University School of Law; B.A., 2008, University of Florida. Many thanks to Professor Tom Gerety for encouraging me to explore this topic, and to Lindsay Cornacchia, Sisi Wu, and the entire staff of the New York Uni- versity Journal of Legislation and Public Policy for their hard work in editing this Note. 791 \\jciprod01\productn\N\NYL\15-3\NYL307.txt unknown Seq: 2 17-DEC-12 10:51 792 LEGISLATION AND PUBLIC POLICY [Vol.
    [Show full text]
  • Case 8:12-Cv-00954-DKC Document 159 Filed 06/10/13 Page 1 of 45
    Case 8:12-cv-00954-DKC Document 159 Filed 06/10/13 Page 1 of 45 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SOUTHERN DIVISION METROPOLITAN REGIONAL * INFORMATION SYSTEMS, INC., * Plaintiff, * * v. * * AMERICAN HOME REALTY NETWORK, * INC., et al., * Defendants. * * Civil Action No. 12-cv-00954-AW and * * AMERICAN HOME REALTY NETWORK, * INC., * Counterclaim-Plaintiff, * * v. * * METROPOLITAN REGIONAL * INFORMATION SYSTEMS, INC., et al., * Counterclaim-Defendants. * * **************************************************************************** MEMORANDUM OPINION Plaintiff Metropolitan Regional Information Systems, Inc. (“MRIS”) filed suit against Defendants American Home Realty Network (“AHRN”) and AHRN CEO Jonathan Cardella on March 28, 2012, alleging copyright infringement, violations of the Lanham Act, and tortious conversion and unjust enrichment. Doc. No. 1. MRIS’s claims are based on AHRN’s alleged reproduction of real estate listing content from the MRIS Database onto AHRN’s website, Neighborcity.com. On August 24, 2012, the Court granted Cardella’s Motion to Dismiss, denied AHRN’s Motion to Dismiss, and granted MRIS’s Motion for a Preliminary Injunction. Doc. Nos. 34–35. Specifically, the Court ordered that “Defendant AHRN and all persons acting under its direction, 1 Case 8:12-cv-00954-DKC Document 159 Filed 06/10/13 Page 2 of 45 control or authority are hereby enjoined from unauthorized copying, reproduction, public display, or public distribution of copyrighted content from the MRIS Database, and from preparing
    [Show full text]
  • Providing Copyright Protection to Real Estate Listings: Protecting Brokers, Sellers, and Consumers
    THE JOHN MARSHALL REVIEW OF INTELLECTUAL PROPERTY LAW PROVIDING COPYRIGHT PROTECTION TO REAL ESTATE LISTINGS: PROTECTING BROKERS, SELLERS, AND CONSUMERS KATHRYN S. ROBINSON ABSTRACT In a technology-driven age, the Internet has changed how prospective homebuyers search for their new home. For many, a search on Google is the first step before hiring a broker or getting prequalified for a mortgage. Although the Internet is a powerful tool widely utilized by many, there has been a growing concern for managing and protecting the integrity of real estate listings. Data scraping of listing data has become problematic for the real estate industry; as a result, this has caused irreparable harm to everyone. This comment highlights the benefits of awarding copyright protection to all contents of the original broker’s listing. Copyright © 2016 The John Marshall Law School Cite as Kathryn S. Robinson, Providing Copyright Protection to Real Estate Listings: Protecting Brokers, Sellers, and Consumers , 15 J. MARSHALL REV. INTELL. PROP. L. 318 (2016). PROVIDING COPYRIGHT PROTECTION TO REAL ESTATE LISTINGS: PROTECTING BROKERS, SELLERS, AND CONSUMERS KATHRYN S. ROBINSON I. INTRODUCTION............................................................................................................. 319 II. BACKGROUND ............................................................................................................. 320 A. Copyright Law 101 ............................................................................................ 320 B. The Emergence
    [Show full text]
  • 2014 Legal Seminar
    2014 LEGAL SEMINAR Sponsored by Legal Affairs TABLE OF CONTENTS I. AGENDA .................................................................................................................... 1 II. BIOGRAPHIES ............................................................................................................ 2 III. ANTITRUST COMPLIANCE PROGRAM AND LITIGATION UPDATE RALPH HOLMEN, ASSOCIATE GENERAL COUNSEL .................................................................. 5 IV. INDEPENDENT CONTRACTOR STATUS LESLEY M. WALKER, ASSOCIATE COUNSEL ........................................................................ 9 V. COPYRIGHT JESSICA EDGERTON, ASSOCIATE COUNSEL ......................................................................... 20 VI. TRADEMARK AND DOTREALTOR CHLOE HECHT, ASSOCIATE COUNSEL ................................................................................ 31 VII. RESPA/TILA FINLEY P. MAXSON, SENIOR COUNSEL ............................................................................. 51 VIII. MLS AND PROFESSIONAL STANDARDS UPDATE KEVIN MILLIGAN, VICE PRESIDENT, BOARD POLICY & PROGRAMS .......................................... 82 IX. CORE STANDARDS UPDATE CLIFF NIERSBACH, ASSOCIATE GENERAL COUNSEL BOARD POLICY & PROGRAMS. ........................................................................................ 108 X. LEGAL UPDATE KATIE JOHNSON, VICE PRESIDENT & GENERAL COUNSEL. ................................................... 125 XI. NOTES .............................................................................................................................
    [Show full text]
  • The Copyright Conundrum Real Estate In-Depth October, 2012 By: Edward I
    The Copyright Conundrum Real Estate In-Depth October, 2012 By: Edward I. Sumber, Esq. A “conundrum” is an intricate and difficult problem. A “copyright” is an intangible intellectual property right. It is a creature of Federal Law under the Copyright Act (17 U.S.C. §101, et seq.). In the Spring of 2012, our Hudson Gateway Multiple Listing Service became aware that a website operator under the name of “NeighborCity.com” was publishing information taken from the HGMLS database and also providing agent scores and performance metrics based upon the individual transaction histories for each salesperson. HGMLS sent a cease and desist letter to NeighborCity. Two other MLSs similarly affected brought suit against NeighborCity and its parent company, American Home Realty Network, Inc., a licensed real estate broker located in California. These two MLSs were the St. Paul, Minnesota based regional Multiple Listing Service of Minnesota, Inc. (NorthStar MLS) and Metropolitan Regional Information Systems, Inc. (MRIS), the largest multiple listing service in the U.S. which services over 40,000 real estate licensees in the Mid-Atlantic region including Maryland, Virginia, Washington DC and parts of Pennsylvania, Delaware and West Virginia. The litigation commenced by the two MLSs against American Home Realty Network, Inc. were in part, funded by the National Association of Realtors. MLS Granted Injunction On August 27, 2012, MRIS was granted a preliminary injunction against American Home Realty Network, Inc. and NeighborCity enjoining NeighborCity “from unauthorized copying, reproduction, public display or public distribution of copyrighted content from the MRIS database, and from preparing derivative works based upon the copyrighted content from the MRIS database.” In the same decision by the Court, Jonathan Cardella, NeighborCity’s Chief Executive Officer, was removed as a co-defendant in the suit.
    [Show full text]