The Texas REALTORS® Legal Department created model addenda and model policies to help you reduce your risk of being subject to copyright infringement claims. These forms cover copyright issues arising from the creation and dissemination of listing information and photographs.
They are designed to work together and separately—you can use all of them or only one.
Model Addendum to Independent Contractor Agreement Regarding Listing Content
This form is designed to address the ownership of listing content created by an agent and third parties. It grant the broker the rights necessary for the broker to use the listing content in the MLS.
Model Copyright Policy
This policy instructs agents on how to properly use listing content and the types of agreements they must secure. The policy is similar to the above addendum but also addresses how the agent should use listing content and provides instruction as to how the agent should handle a notice of infringement.
- Model Work Made for Hire Agreement: This form states that the broker is the owner and author of the photographs from their creation.
- Model Assignment Agreement: This form states that a photographer assigns all rights to the photographs to the broker.
- Model License Agreement: This form states that the photographer retains ownership of the photographs but grants to the broker a license to use the photographs.
Watch this Texas REALTORS® legal webinar to learn the basics of copyright law, how the law affects your day-to-day brokerage operation, and how to use these forms.
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