prepared by NAR Legal Affairs.
1. Does the MLS have authority from the listing broker to advertise his/her listings on the Internet?
2. Has the MLS copyrighted the database?
3. Does the MLS either own the copyrights in the photos or have a license from the owner to distribute the photos for display on an Internet site?
4. What is the scope of the license being given by the MLS to the Internet vendor?
Educating people on what new technology can do for them in their businesses may require a whole new set of skills for association staff, but understanding how that technology may be used in the marketplace may also require a new understanding of old rules and principles designed to protect consumers as they may apply to the technology filled workplace.
Selecting a suitable firm or attorney as Association counsel is vitally important, given the significant role which counsel must often play in the Association effectively and efficiently accomplishing its objectives.
These Guidelines are not intended to and do not create a contract of employment.
Policies and guidelines may be revised at any time at the employer's sole discretion.
Following these guidelines is a requirement in order to invoke defense costs coverage (up to $1,000,000) under the NATIONAL ASSOCIATION OF REALTORS®' Professional Liability Policy for wrongful termination claims. Such coverage applies to suits arising from hiring, firing, compensation, employee privileges or other terms of employment.
From Stephen King's latest bestseller to the launch codes for the U.S. nuclear arsenal, virtually all information is capable of being owned or controlled by someone. When developing Lotus Notes databases, in addition to what information to include, it is necessary to determine who owns or has the right to control the information to be included. In doing so, copyright and security and access issues must be considered.
Information will fall into two general categories:
Different copyright and security and access considerations will apply as follows:
The members and staff must work together effectively as a team to accomplish the Association's goals. Such joint efforts are enhanced by an environment of courtesy and mutual respect. Offensive behavior not only impedes the effectiveness of the joint efforts, but can also create exposure to legal liability.
t’s important for REALTOR® associations, as employers, to have clear written policies on how their employees may use the association’s e-mail system and whether the association will monitor such use.
This article presents a brief explanation on the importance of registering your MLS database with the United States Copyright Office, and also provides guidance on the registration process. By registering your database, your MLS will receive the maximum protections afforded by law.
Two pieces of federal legislation affect employers and creditors of individuals who undertake military service, either through call-up or through volunteering. One sets forth how military service affects the employee/employer relationship, while the other legislation describes how the debtor/creditor relationship is affected. This article will address each separately below.
The "Junk Fax Prevention Act of 2005" ("Act") has permanently inserted the "established business relationship" ("EBR") exception into the federal laws governing facsimile communications.