Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. The Department’s essential law enforcement and national security functions will continue. Please refer to the Department of Justice’s contingency plan for more information.

REW Public Comment : Gold Eagle Realty (Hogan, Terry) 10/07/2005, REW-0009

This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site. For an official signed copy, please contact the Antitrust Documents Group.

Comment No.:REW-0009
Received:October 7, 2005
Organization:Gold Eagle Realty
Commenter:Hogan, Terry


From: Sold@GoldEagleRealty.com [mailto:Sold@GoldEagleRealty.com]
Sent: Friday, October 07, 2005 12:09 PM
To: ATR-Real Estate Workshop
Cc: sen.jim.metzen@senate.mn; tim.pawlenty@state.mn.us;
Subject: listing copyright and creation of land owner wealth

To whom it may concern:

Enclosed please find a response to a dialogue currently being discussed on the real estate blog at "RealTalk@InternetCrusade.com"
Subject: Creation of Wealth Through Copyright:

In a previous post Jay says "Semantics":

snip >

Terry Hogan responds to Jay:

Your whole premise is based on an assumption that I see as erroneous. Yes, the agent pens colorful and eloquent descriptive language and of course artfully stages each room to compose a pictorially explicit and delightful portrait for the marketplace to behold. But arguing about who owns the copyrights to such work is not the premise.

The premise is about representation. The listing agent represents the seller. As such, the agent should disclose to the seller that if the listing is published revenues may result which adds value to the listing. Further, without the seller's express written permission the subject matter cannot be published. Omission of this disclosure could be an oversight that the seller might not appreciate.

IMO the Agent is performing an independently contracted "work for hire" which cannot be published without the consent of the seller unless usurped as if in the public domain, which it is not. The agent must obtain written permission from the seller to publish the listing and the seller is paying a commission to the broker so doesn't it seem fair that the seller has more right to the work than the agent, broker, MLS, or REALTOR.com, etc.?

For a fee the seller can record the copyrights and create an additional stick for the "Bundle of Rights" that run with the land, or not. I don't know. I'm not an attorney and not trying to give legal advice so you may want to visit http://www.copyright.gov/ and research copyright. Also, you might try http://www.revisor.leg.state.mn.us/ or another pertinent site for state statutes on representation issues.

Terry "T.C." Hogan

Terry Hogan, Broker/ePro®/REALTOR®
Gold Eagle Realty, Inver Grove Heights, MN 55076
651-450-5559 Toll Free 1-866-450-5559

Updated June 25, 2015

Was this page helpful?

Was this page helpful?
Yes No