Compass CEO Robert Reffkin has been unafraid to challenge other industry figures. Reffkin has been an outspoken critic of the National Association of Realtors®’ (NAR) Clear Cooperation Policy, and Compass is currently engaged in litigation with Zillow over the latter’s new listing rules.
Reffkin has previously claimed that Zillow, NAR and MLSs “exploit” agents in a manner he compared to the treatment of college athletes—and now the California Regional MLS (CRMLS) has come into his crosshairs.
In posts to LinkedIn and Instagram, Reffkin claimed that CRMLS’ latest end user license agreement (EULA) requires that the signing agents give CRMLS the right to sell the content, e.g., listing photos, videos and data, which they input into the MLS.
“(Professionals signing the agreement with CRMLS) were unable to do their jobs without signing away all rights to their content as access to the MLS was blocked until they clicked ‘agree,’” claimed Reffkin in the post. In a subsequent comment on the posts, he analogized: “Imagine your phone carrier cutting off your service until you agree to let them sell your photos and texts. That’s basically what just happened here.”
In an emailed statement CRMLS CEO Art Carter provided to RISMedia—made for “clarification to ensure continued transparency”—cited “inaccuracies that ignore facts” in Reffkin’s claims.
“The claim suggesting that CRMLS forced 100,000 agents to sign an agreement granting us the rights to sell an agent’s content and contributions is simply not true,” said Carter, pointing out that the EULA language has been in effect for years and was first included to support the 2022 launch of the MLS-supported data licensing platform REdistribute.
The only changes made in the newly signed document were related to multifactor authentication so as to tighten data security as well as outlining an appeal process for brokers in arbitration, Carter claimed.
The 10-page EULA document does indeed stipulate that users must agree that CRMLS retains compilation copyright to users’ inputted content. “Compliation copyright” means the protected right to assemble materials into a new whole.
Electronic databases such as MLSs can be registered and protected under copyright. “Registration of your MLS database assures that your MLS information will receive the maximum protection from infringement afforded by law,” according to NAR.
The CRMLS agreement states that by the user entering their owned content into the MLS, both the user and the MLS are “selecting,” “coordinating” and “arranging” the content, actions which fall under compilation copyright.
“You agree to assign all ownership rights and interest in Your selection, coordination and arrangement of your content in the MLS to CRMLS,” the agreement continues, but it also states that this explicitly does not mean that the user forfeits ownership of content they created for their listings.
“By submitting Your Contribution and Your Content to the MLS, You grant to CRMLS an irrevocable, unrestricted, transferable, perpetual, royalty-free (and) non-exclusive license (with right to sublicense) to use, store, reproduce, compile, display, distribute and to make derivative works from Your Contribution and Your Content,” the agreement continues.
For instance, the agreement also explicitly states that CRMLS can place a CRMLS watermark on submitted content. If a user does not agree to the EULA, they cannot use or access the MLS per the agreement’s text.
“CRMLS remains committed to transparency, accountability, and service to agents, brokers and consumers. We will continue to focus on providing accurate information and delivering value to the real estate community we proudly represent,” Carter’s statement concluded.
