Adopted Pursuant to the Safe Harbor Provisions of Section 512 of
The United States Digital Millennium Copyright Act of 1998
(17 U.S.C. § 512)
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”).
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(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.
Here is the contact information for the Designated Agent which MLS PIN already
has provided to the United States Copyright Office and is now pleased to provide
Kathleen E. Condon, President and CEO
MLS Property Information Network, Inc.
904 Hartford Turnpike
Shrewsbury, Massachusetts 01545