A new National Association of Realtors (NAR) policy could give local multiple listing services (MLSs) a partial ownership stake in brokers' listing content. Approved at NAR NXT in New Orleans on November 8, the changes allow MLSs to seek up to a 50% copyright interest in certain listing materials, potentially changing how brokerages manage their photos and other marketing assets.
The provision is optional for local MLSs, and participating brokers must be allowed to opt out. No listing copyrights transfer automatically under the national policy, and brokers retain the right to independently use and license their own content.
The copyright measure is one of four MLS policy changes approved by NAR. The others address data-feed access, permitted uses of MLS information, and qualifications for NAR's MLS Committee.
What changed in NAR's MLS copyright policy?
Under the optional provision, an MLS may require participants who do not opt out to assign no more than a 50% undivided copyright interest in eligible listing content. That means shared copyright ownership, not ownership of half the photographs or property descriptions.
This ownership interest is separate from existing licenses that allow MLSs to display and distribute listing materials. MLSs adopting the provision must also register eligible database updates with the US Copyright Office at least quarterly.
Can brokers opt out of copyright assignments?
Yes. MLSs adopting the provision must allow participants to decline the copyright assignment. Brokers also retain their independent rights to use and license listing content they are authorized to use.
A broker's permission to market a property using professional photographs does not necessarily include copyright ownership or the authority to transfer it. Under NAR's guidance on listing content ownership, photographers generally retain copyright unless an applicable agreement or legal exception establishes otherwise.
Brokers should confirm what their photography agreements permit before assigning ownership interests to an MLS. Those agreements may already grant display rights without transferring copyright.
What changes for MLS data feeds?
Another optional policy allows MLSs to set local data-feed eligibility and licensing requirements, provided the rules are reasonable, objective, and applied equally.
According to November 9 industry reporting, the changes may affect internet data exchange (IDX), virtual office website, broker back-office, and syndication feeds containing other brokers' listings. Participants retain access to their own listing information and associated MLS feeds.
A separate, mandatory policy reinforces existing requirements that MLS data use comply with applicable agreements and relate to brokerage services, appraisals, or property valuations.
Brokerages using IDX websites and outside technology providers should review their current data licenses, particularly as MLS-connected real estate applications introduce additional ways to access and use listing information.
How listing photos can create copyright exposure
Listing photographs often travel well beyond the brokerage that commissioned them. California Regional MLS says it distributes listings to more than 22,000 broker IDX websites, illustrating how widely images can circulate.
Copyright disputes can be costly. In 2023, a federal appeals court upheld a $1.93 million copyright infringement award against Zillow over photographs used on its former Digs platform. The ruling distinguished those uses from Zillow's ordinary listing displays.
What brokers should review before signing
Local adoption will vary, so brokers should review existing agreements and monitor announcements from their MLS before accepting revised terms.
Four steps can help:
- Review MLS participation agreements for existing copyright assignments and licensing terms.
- Check photography and media contracts for ownership, permitted uses, and sublicensing rights.
- Contact IDX and technology vendors about their MLS data licenses and authorized uses.
- Confirm local adoption plans, including the copyright opt-out procedure and any revised participation requirements.
Until individual MLSs announce their plans, existing agreements remain the starting point. Brokers should establish which listing rights they control and what their local MLS requires before accepting new copyright terms.