As part of your MLS approval process you may be asked to add a DMCA notice to your site—the exact requirements differ between each MLS, but if you’re asked for this generally you’ll want to complete the following steps:
- Register with and provide ‘service provider’ and ‘designated agent’ information to the U.S. Copyright Office
- Add a DMCA notice to a page on your site, with the notice updated to include the contact information for your designated agent
- Add a link to your navigation that links to the DMCA notice, like within the footer of your site
Register with the U.S. Copyright Office
As a first step you should register with the U.S. Copyright Office at https://dmca.copyright.gov/osp/login.html.
- First, click on the “Register Here” link to create an account to manage your service provider and designated agent information with the Copyright Office.
- After the account is created, log in to the account and provide information to register your firm as a service provider.
- Make sure to also provide contact information for the designated agent; this is the person who will receive and handle takedown notices for your firm.
Add the DMCA Notice to a Page on your Site
Next you’ll want to ensure the DMCA notice is added to your site with the correct contact information. An example template you can use is provided below:
|
Claims of Copyright Infringement & Related Issues (17 USC § 512 et seq.)
We respect the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify our agent by providing the following information:
a. Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site; b. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it; c. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims.
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is a written communication that incorporates the following elements:
a. A physical or electronic signature of the poster; b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; c. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; d. Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.
Notices of the foregoing copyright issues should be sent as follows:
By mail:
Example Real Estate Firm Name 123 Example St Example Town, OR 99999 United States Attention: DMCA Designated Agent
By e-mail: dmca@example.com
If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the website of the United States Copyright Office at: http://www.copyright.gov/ |
Make sure to update the contact information for the “By mail” and “By e-mail” sections at the bottom of the notice to match the contact information you provided to the U. S. Copyright Office!
Add a Link to the DMCA Notice
Finally, once you’ve finished updating the DMCA notice and adding it somewhere on your site you’ll want to link to it so that it’s easy to find. Typically this is done within the footer of the website.
Adding a link to your footer is something that is done differently for each site—if you’re unsure how to do it, you might want to reach out to your website provider or developer for assistance.