USE OF COPYRIGHTED MLS COMPILATION
Participants shall, at all times,
maintain control over and responsibility for each copy of any MLS compilation
leased to them by the Board of REALTORS®,
and shall not distribute any such copies to persons other than
Subscribers who are affiliated with such Participants as licensees, those
individuals who are licensed or certified by an appropriate state regulatory
agency to engage in the appraisal of real property, and any other Subscribers
as authorized pursuant to the governing documents of the MLS. Use of information developed by or published
by a Board Multiple Listing Service is strictly limited to the activities
authorized under a Participant’s licensure(s) or certification, and
unauthorized uses are prohibited.
Further, none of the foregoing is intended to convey “Participation” or
“Membership” or any right of access to information developed or published by a
Board Multiple Listing Service where access to such information is prohibited
by law.
Participants and those persons
affiliated as licensees with such Participants shall be permitted to display
the MLS compilation to prospective purchasers only in conjunction with their
ordinary business activities of attempting to locate ready, willing, and able
Buyers for the properties described in said MLS compilation.
Participants or their affiliated
licensees shall not reproduce any MLS compilation or any portion
thereof, except in the following limited circumstances.
(A) Participants
or their affiliated licensees may reproduce from the MLS compilation and
distribute to prospective purchasers a reasonable number of single copies of
property listing data contained in the MLS compilation which relate to any
properties in which the prospective purchasers are or may, in the judgment of
the Participant or their affiliated licensees, be interested. However, only the
publicly viewable data fields from the MLS system is allowed to be released to
the Public.
(B)
Reproductions made in accordance with this rule shall be prepared in such a
fashion that the property listing data of properties other than that in which
the prospective purchaser has expressed interest, or in which the Participant
or the affiliated licensees are seeking to promote interest, does not appear on
such reproduction.
(C) Nothing
contained herein shall be construed to preclude any Participant from utilizing,
displaying, distributing, or reproducing property listing sheets or other
compilations of data pertaining exclusively to properties currently listed for
sale with the Participant.
(D) Any MLS
information, whether provided in written or printed form, provided
electronically, or provided in any other form or format, is provided for the
exclusive use of the Participant and those licensees affiliated with the
Participant who are authorized to have access to such privately viewable
information. Such information may not be
transmitted, retransmitted, or provided in any manner to any unauthorized
individual, office, or firm. However, privately viewable data fields from the
MLS system is allowed to be released to the Listing Subscriber’s client to
verify listing accuracy.
(E) None of the
foregoing shall be construed to prevent any individual legitimately in
possession of current listing information, sold information, comparables, or
statistical information from utilizing such information to support an estimate
of value on a particular property for a particular client. However, only such information that a Board
or Board-owned Multiple Listing Service has deemed to be non-confidential and
necessary to support the estimate of value may be reproduced and attached to
the report as supporting documentation. Any other use of such information is
unauthorized and prohibited by these Rules and Regulations.
(F) Violation of these Rules will be subject to a penalty
pursuant to Section 7.