NEWS
From the desk of
CEO Cliff Long
MFRMLS takes on copyright issues
in newest participant agreement
I have recently
received many inquiries
from concerned brokers
surrounding the new
MLS Participant Agreement
(and the update
requirement). The short
answer is that the new agreement now
addresses the significant issue of copyright
protection, and it offers brokers a choice
between two related options:
Option 1 — Assignment of Copyright
Brokers who select the "assignment"
option assign the rights of their firm's listing
data to MFRMLS. Doing so gives MFRMLS
the authority to pursue infringement action
against any entity on the broker's behalf
that uses their data without obtaining
proper permission. Brokers who choose
this option will have their data included
in the quarterly submission report filed by
MFRMLS to the governing copyright office.
Brokers will receive a license to use their
data in any way they choose, but MFRMLS is
responsible for copyright matters related to
their firm's listing data.
Option 2 — License of Copyright
Brokers who select the "license" option
are licensing their firm's listing data to
MFRMLS, but do not permit MFRMLS to pursue
any action related to copyright infringements
on their behalf. Choosing this option
means the broker handles all copyright
matters related to their firm's listing data.
The difference between the two options
is that should a major infringement occur
relating to a broker's content, MFR will be
able to defend the copyright of a broker
who selected Option 1. Alternatively, MFR
has no standing and cannot assist in
defending the copyright of a broker who
selected Option 2.
ORRA RPAC earns kudos for its fundraising
Efforts to reach dollar goal yield results faster than any Florida mega board
ORRA enjoyed a bit of
recognition during the Florida
REALTORS® Mid Winter Meetings,
when it was honored as the first
mega board to have reached its
RPAC fundraising goal in 2017.
Our RPAC made goal of $254,144
by July 31, 2017, and by the end
of 2017 had surpassed goal by
bringing in $281,156. Thank you
to everyone who contributed!
Kathleen Gallagher McIver, Claire Schwartz, Sharon Voss,
Reese Stewart, Beth McGraw, Mike McGraw
Article 1 draws most violations
Ethics cases completed in 2017 involve 91 REALTOR® COE violations
The Orlando Regional REALTOR®
Association in 2017 received a total of
50 new filings of ethics complaints and
arbitration disputes, a number that is
steady compared to the 49 new filings
introduced in 2016.
Thirty-five of the 50 new filings were
REALTOR® Code of Ethics cases (which
can be initiated by either a REALTOR® or
a member of the public), while 15 were
broker-to-broker arbitration disputes
(which exclusively involve commission
issues).
There are currently 12 ethics complaints
and four arbitration disputes
working their way through the formal
resolution processes that are overseen
by the association’s Grievance and Professional
Standards committees.
2017 COMPLETIONS
A total of 47 ethics cases were
completed in 2017. Of those, 27 were resolved
after a hearing while eight cases
were dismissed and 12 were withdrawn
or closed. A total of 91 ethics violations
were identified within those cases that
2017 ORRA
PROFESSIONAL STANDARDS
35 ETHICS COMPLAINTS 50
case
filings
15 ARBITRATION
DISPUTES
completed the hearing process, and
they resulted in $5,000 in fines. In 2016,
those numbers were 13 violations and
$5,000 in fines, respectively.
The majority of ethics violations (19
percent) involved Article 1 of the REALTOR
® Code of Ethics, while 13 percent
involved Article 3. Article 2 garnered 9
percent of the violations, while articles 9
and 12 each accounted for 8 percent of
all violations.
Nine of 2017’s completed arbitration
disputes were resolved after a hearing,
while four were resolved via mediation
and 12 were withdrawn. The disputes
involved commissions worth $212,413,
which is a whopping 390 percent
increase from the $43,317 involved in
2016.
6 Orlando REALTOR® March / April 2018