Signed in as:
filler@godaddy.com
Signed in as:
filler@godaddy.com
Here is a DMCA Copyright Policy template tailored for a real estate website. This policy is designed to comply with the federal Digital Millennium Copyright Act (17 U.S.C. § 512), which protects website owners (Safe Harbor) from liability for content uploaded by third parties (like MLS feeds or user comments), provided you follow specific procedures.
⚠️ CRITICAL STEP BEFORE YOU PASTE:
Simply posting this text is not legally sufficient for protection. Your client MUST register their "Designated Agent" (the person who receives these complaints) with the U.S. Copyright Office.
* Cost: $6.00
* Where: dmca.copyright.gov
* Why: If the agent listed below is not registered in the government database, this policy does not provide legal Safe Harbor protection.
DMCA COPYRIGHT POLICY
Last Updated: [Date]
[Real Estate Company Name] (the "Company") respects the intellectual property rights of others and expects you to do the same. Per the Digital Millennium Copyright Act (DMCA), the Company will respond expeditiously to claims of copyright infringement on this Site if submitted to our Designated Copyright Agent as described below.
1. REPORTING COPYRIGHT INFRINGEMENT (DMCA TAKEDOWN NOTICE)
If you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please notify our Designated Agent. To be valid under the DMCA, your notice must be in writing and include the following information:
* Identification of the Work: A description of the copyrighted work you claim has been infringed.
* Identification of the Material: A description of where the material you claim is infringing is located on the Site (e.g., the specific URL or property listing ID) so we can locate it.
* Contact Information: Your address, telephone number, and email address.
* Good Faith Statement: A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
* Accuracy Statement: A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
* Signature: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Submit this notice to our Designated Agent:
> Copyright Agent Name/Title: [Insert Name or Title, e.g., "Broker of Record"]
> Address: [Insert Physical Mailing Address]
> Phone: [Insert Phone Number]
> Email: [Insert Email Address]
>
Please note: If you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
2. COUNTER-NOTIFICATION PROCEDURES
If you believe that material you posted (or that was listed via your MLS feed) was removed or disabled by mistake or misidentification, you may file a Counter-Notification with our Designated Agent.
Your Counter-Notification must be in writing and include:
* Identification: Specific description of the material that has been removed or disabled and the location (URL) where it appeared before removal.
* Good Faith Statement: 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.
* Contact Information: Your name, address, and telephone number.
* Consent to Jurisdiction: A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the district where the Company is located if your address is outside the U.S.), and that you will accept service of process from the person who provided the original notification.
* Signature: Your physical or electronic signature.
3. REPEAT INFRINGERS
It is the policy of the Company to terminate the accounts of users who are repeat infringers of copyright in appropriate circumstances.
Next Step for You:
Would you like me to create the "Information About Brokerage Services" (IABS) link text and footer disclaimer that is legally required for all Texas real estate websites? (This is the #1 compliance issue TREC fines agents for).