Important VMLS Rule compliance enforcement – “Lifestyle” Photos
Greetings!
The VMLS has seen an increase in the use of lifestyle photos in MLS listings. This includes photos of mountains, recreational activities, private clubs and landmarks throughout the Valley regardless of the property’s actual proximity or access to such landmarks, amenities or activities. The VMLS Rules & Regulations have, for some time, required photos to be taken of and from the listed property only.
This rule is in place to ensure that all photos loaded to the MLS represent a clear representation of the property as required by state licensing law and the REALTOR Code of Ethics. Additionally, the rule is to prevent copyright infringement/disputes and potential issues with fair housing.
We regret to say that the lack of enforcement of this rule has led to the belief use of the photos was permissible. The rule will be actively enforced going forward. However, all MLS participants will be granted a grace period to remove non-compliant photos from Active, Pending and Pending -Continue to Show listings in the MLS by Friday, March 18th. After the grace period, the enforcement of the rule will be in effect and properties subject to the administrative fines in the MLS (also included below).
Photos of amenities that are included in the ownership of the property may be uploaded on a listing. This could include complex tennis courts, swimming pools, and common areas of a condominium complex will be allowed but shall include a description of the photo (example: community owned-tennis courts).
Photos for uploaded in the MLS should only contain photos taken of and from the property. If you cannot see it from the property, a photo of it should not be uploaded in the MLS. Members are free to include lifestyle and community photos for their own listing on their own websites or marketing materials for the property. Please be sure you have the appropriate copyright to use the photo. “Lifestyle” photos will no longer be included in MLS data feeds as part of a listing for IDX and VOW display.
Please the excerpts from the VMLS Rules & Regulations related to photography:
Section 1.21: Photographs are Mandatory
In addition to the above, participants shall include a photograph, or in the case of new construction, a schematic diagram or floor plan, with each new Active listing entered into the VMLS. A listing status will not be allowed to be changed to "Active" until a photo has been added. The photograph shall fill the entire space provided for in the image box within VMLS (no white borders). Multiple Listing Services may, as a matter of local discretion, require submission of a reasonable number of photographs or other graphic representations that accurately depict listed property except where sellers expressly direct that photographs not appear in VMLS compilations.
No promotional signs shall appear in any photograph submitted pursuant to this Section 1.18. In the event a participant fails to comply with the terms of this Section 1.18 the participant shall be warned and fined a fee as may be set by VMLS (See Exhibit A). This charge will appear on the participant’s monthly billing invoice.
Section 1.21.1: Copyright Considerations for MLS Photographs
There are a number of different ways in which photographs of properties arrive in a MLS. The MLS participant (or one of their employees) may take the photograph or a photographer may take the photograph. If the participant or an employee of the participant has taken the photographs, the participant will own the copyright to the photographs. If a third-party photographer is used, the agreement with the photographer can either: (i) expressly license the Board/MLS/participant to use the photographs in certain manners or (ii) it may transfer all of the rights to the photographs to the MLS. Uploading copyrighted material without the appropriate license or ownership into VMLS is prohibited.
From Exhibit D:
Photography
· Photographs are to represent the property, i.e., views are to be taken from the listed property, photographs shall not be copyright infringed.
· MLS participants shall present a true picture in their advertising and representations to the public, including Internet content posted, and the URL’s and domain names they use, and participants may not:
a. Engage in deceptive or unauthorized framing of real estate brokerage websites;
b. Manipulate (e.g., presenting content developed by others) listing and other content in any way that produces a deceptive or misleading result;
c. Deceptively use metatags, keywords or other devices/methods to direct, drive, or divert Internet traffic;
d. Present content developed by others without either attribution or without permission; or otherwise mislead consumers
5. VAIL MULTIPLE LISTING SERVICE FINES*
Rule violation pertaining to photography standards (Exhibit D):
Penalty
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First Offense- $50 per photo, per MLS number/$1000 cap per listing.
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Additional Offenses (within 3 months, or failure to correct first offense within two-business days)-$100 per photo, per MLS number/$2000 cap per listing. Requirement to take the VMLS Rules and Regulations Refresher. Failure to complete course in a timely manner within 2 weeks of citation will result in suspension of VMLS privileges
Jessica Cliver
VMLS Director
970-766-1032
