By Sophia Studer
The creation of third-party real estate listing services like Zillow are undoubtedly valuable to consumers of real estate. These sites allow for remote consumers to catch a glimpse into the real estate market of any location and grant free and transparent access to available real estate listings.[1] These are objectively beneficial things in the eyes of a consumer, but what effect does this have on real estate agents and brokers?
A core pillar of a realtor’s job is creating real estate listings. Courts have recognized listing information as important realtor work product by “entitling copyright protection for the following contents: photographs, virtual tours, artistic renderings, floor plans, list price, architectural drawings, [and] listing descriptions that include creativity.”[2] While it is great that these protections are in place, these entitlements alone are not enough to keep third party websites–like Zillow–from taking realtor-created listing information and publishing it to their own website.[3] This concept is called data scraping and it happens when “websites . . . pull information without permission from . . . the [Multiple Listing Service].”[4] Thus, realtors are putting in all the work, and third-party sites are reaping the benefits.[5]
The National Association of Realtors (“NAR”) attempts to combat the takings of listing information by calling on courts and legislatures for “intellectual property-based right[s] to prevent portals like Zillow . . . from accessing . . . listing data.”[6] This call for intellectual property rights is based on the fact that the listings are created from the time, resources, and know-how invested by real estate brokers and agents doing their jobs each day.[7]This is why home buyers are required to pay for access to the Multiple Listing Service (“MLS”) or hire a realtor to access it for them. The MLS consolidates realtor-created listings for homes on the market in a specific geographic locality.[8] The small scope of an individual MLS, however, has forced brokerages to combine their active listings and send them out to be viewed on other MLSs or on third party websites like Zillow.[9] This practice is where data scraping became most prevalent, and why the courts and legislatures are being called upon to entitle further copyright protections to real estate listings.[10]
Placing listing data on third party sites is helpful for consumers in their home-buying search; usually it is the first thing a buyer will look to.[11] But protecting real estate agents and brokers is a key component to keeping the real estate market healthy. Real estate brokers and agents do more than just create listing data; they help buyers navigate the daunting task of purchasing a home. Without the reliable listing information cultivated by real estate agents and brokers, the real estate market would not be nearly as trustworthy.[12] Realtors provide verified and accurate information, as required of them by law, which creates the valuable data that companies like Zillow are currently scraping without repercussions.[13] As technology and the real estate market progress, real estate brokers and agents must not be left behind. Protecting realtors through listing copyrights would be a step toward making the market work for all.[14]
[1] James S. Bradbury, Revenge of the Realtors: The Procompetitive Case for Consolidating Multiple Listing Services, 90 U. Colo. L. Rev. 267, 270 (2019).
[2] Kathryn S. Robinson, Providing Copyright Protection to Real Estate Listings: Protecting Brokers, Sellers, and Consumers, 15 J. Marshall Rev. Intell. Prop. L. 318, 328 (2016) (internal quotations omitted).
[3] Id.
[4] Id. at 323-24.
[5] Id.
[6] Bradbury, supra note 1, at 312.
[7] Id.
[8] Robinson, supra note 2, at 324.
[9] Id.
[10] Id. at 331.
[11] Id. at 329.
[12] Id. at 332.
[13] Id.
[14] See id.
Source: “3D Realty Handshake” by lumaxart is licensed with CC BY-SA 2.0. To view a copy of this license, visit https://creativecommons.org/