As a “service provider” within the meaning of Section 512(k)(1) and Section 512(c) of the United States Digital Millennium Copyright Act (the “DMCA”), MLS Property Information Network, Inc. (the “Company”) has adopted this policy pursuant to Section 512(i) of the DMCA. This policy was adopted by the Company’s Board of Directors at its meeting held on May 2, 2012, with the directive that (a) the policy be implemented immediately and (b) all of the Company’s Participants and Subscribers be informed of the adoption and implementation of the policy.
Capitalized terms used but not defined in this policy have the meanings given to them in the Company’s Rules and Regulations, as they may be amended from time to time (the “Rules and Regulations”).
The provisions of this policy are as follows:
Pursuant to Section 512(c)(2) of the DMCA, the Company at all times shall (a) maintain a designated agent to receive notifications of claimed copyright infringement of the kind described in Section 512(c)(3) of the DMCA (the “Designated Agent”) and (b) provide to the Copyright Office the name of the Designated Agent and such contact information of the Designated Agent as may be required under the DMCA or as otherwise may be deemed appropriate by the United States Copyright Office (the “Agent Contact Information”).
Pursuant to Section 512(c)(2) of the DMCA, the Company shall make available through its website, both to Participants and Subscribers and to the general public, the name of the Designated Agent and the Agent Contact Information.
Consistent with the terms and conditions of the Rules and Regulations and with the provisions of the DMCA, the Company (a) may remove from the Company’s multiple listing service (the “Service”) a Filing, or any portion of a Filing, claimed to be infringing on the copyright of another individual or entity, including without limitation any infringing Image; (b) may suspend a Participant and/or any one or more of its related Subscribers from the use of the Service if the Participant or any of its related Subscribers has made a Filing with the Service that infringes on the copyrights of another individual or entity; or (c) in appropriate circumstances may terminate the rights of a Participant and/or any one or more of its related Subscribers to use the Service if the Filings of the Participant or of any of its related Subscribers have repeatedly infringed on the copyrights of another individual or entity.
Consistent with the Rules and Regulations, the Company shall accommodate and not interfere with “standard technical measures” (as defined in Section 512(i)(2) of the DMCA) that are used by copyright owners to identify or protect copyrighted works and that the Company determines are reasonable under the circumstances.
In order to obtain their “safe harbor” benefits, the Company shall comply with all of the provisions of Section 512 of the DMCA and of any regulations promulgated under that Section 512.
Pursuant to Section 512(i)(1)(A) of the DMCA, the Company shall inform all of its Participants and Subscribers of the provisions of Paragraph 3 of this policy and of such other Paragraphs of this policy as the Company shall choose.
Contact Information for the “Designated Agent”
As a provider of online services or network access through its multiple listing service, MLS PIN is a “service provider” within the meaning of the Digital Millennium Copyright Act. Congress passed the Act and it became law in 1998
In order to qualify for the protections afforded under the Act, MLS PIN has named a “Designated Agent” whose function it is to receive notifications of any claim that materials appearing on MLS PIN’s multiple listing service violate a third party’s copyright.