From NAREP.net: Why a Listing Agreement Addendum? The Terms of Use stated by Zillow, Trulia, Realtor and other real estate websites (Publishers) require a worldwide, irrevocable, perpetual license from anyone submitting Seller Listing Content to them so they may do as they wish with it. Without Sellers’ authorization Brokers do not have the legal right to grant these licenses.Listing Agreements by the REALTOR® Associations of Texas, California, Florida, Illinois and many other states lack any provision for Sellers that authorizes Brokers to grant such licensing. To assist brokers in overcoming this deficiency, NAREP has prepared a Listing Agreement Addendum that authorizes brokers to grant licenses to Publishers receiving Seller Listing Content. Without such authority brokers are legally vulnerable if a seller should ever challenge them for granting licenses to Publishers. See Publishers’ Terms of Use quotes below: *Zillow’s Terms of Use: “...you grant Zillow an irrevocable, perpetual, worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Zillow will not pay you for your Submission. Zillow may remove your Submission at any time. For each Submission, you represent that you have all rights necessary to grant Zillow the rights in this paragraph and that the Submission complies with Section 2(a) above.” *Trulia’s Terms of Use: “You Grant Trulia a License to Use Your Content: When you provide User Content via our Services, you grant Trulia a royalty-free, perpetual, irrevocable, and fully sublicensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use your User Content in connection with our Services. We will not pay you or otherwise compensate you for content you provide to us. Your Content May Be Made Public: You understand and agree that any User Content that you post or submit to Trulia may be redistributed through the Internet and other media channels, and may be viewed by the general public.” *Realtor’s Terms of Use: “…By Transmitting Content to the Move Network, you grant, and you represent and warrant that you have the right to grant, to Move an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Move Network, you grant Move all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Move Network by any party for any purpose…” NAREP will contact the REALTOR® Associations of all 50 states about this issue; in the meantime the Addendum will help brokers deal with this issue immediately.
Posted on: Wed, 19 Jun 2013 05:55:58 +0000
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