# Section 12: Intellectual Property & Data Ownership {% hint style="info" %} 🟦 = NAR-based policy provision {% endhint %} ### [12.1 – Ownership of MLS Compilation and Content](#id-13.1-ownership-of-mls-compilation-and-content) 🟦NAR Policy 7.85 The Listing Participant (or Supervising Broker/Participant) is responsible for the listing submitted to the MLS and must have the authority to submit and publish the listing information and any related content (e.g., remarks, photos, and media) in the MLS. By submitting a listing, the Participant grants BSCMLS a **non-exclusive** license to store, reproduce, compile, display, and distribute the submitted content as reasonably necessary to operate the MLS and to produce MLS statistical reports and compilations. BSCMLS retains all rights, title, and interest in the **MLS compilation/database** (including selection, coordination, and arrangement) and in MLS statistical reports. ### [12.2 – Use of Copyrighted MLS Information](#id-13.2-use-of-copyrighted-mls-information) **A. Reproduction and Use of MLS Information:** Participants and Subscribers are prohibited from reproducing MLS compilations or any portion of it, with the following specific exceptions: {% stepper %} {% step %} **Prospective Purchasers:** Participants and Subscribers may provide a reasonable number of single copies of listing reports to prospective buyers, provided the listings are relevant to their specific interests. {% endstep %} {% step %} **Valuations (CMAs & Appraisals):** Participants and Subscribers may use current and sold listing data to prepare valuations (such as CMAs) or appraisals for bona fide clients. {% endstep %} {% step %} **Automated Valuations (AVMs):** Participants may use MLS data (including authorized data feeds), as permitted by the applicable BSCMLS data license agreement(s), to generate Automated Valuation Models (AVMs) for bona fide clients. {% endstep %} {% step %} **Your Own Listings:** Participants and Subscribers may reproduce and distribute information regarding their own listings without restriction. {% endstep %} {% endstepper %} **B. Restrictions:** MLS data is for the exclusive use of Participants and Subscribers. It may not be transmitted or retransmitted to any unauthorized individual or firm. Information deemed confidential (e.g., showing instructions, owner name) may not be included in any report or used as supporting documentation. **C. Unauthorized Distribution of Sold Data:** The MLS database and compilation of sold data are the copyrighted property of the BSCMLS. Participants and Subscribers are prohibited from selling, transmitting, or providing the MLS sold database (or any portion thereof) to third-party entities or non-members without specific written authorization from the BSCMLS. Violation of this rule is a severe breach of data integrity and may result in significant fines, suspension, or termination of membership. **D. Unauthorized Use:** Copying or reusing another listing’s remarks, photos, or media requires prior written authorization from the rights holder and/or the listing Participant of record, as applicable. **E. Display:** Participants and their affiliated licensees may only display MLS data to prospective buyers as part of their normal business efforts to find buyers for those specific properties. **F. DMCA:** Participants and their licensees are encouraged to comply with the Digital Millennium Copyright Act (“DMCA”) safe harbor provisions to mitigate liability for user-generated content (see the [**Full DMCA Safe Harbor Notice**](https://rulebook.bscmls.com/pages/nJrX8YvRjxFkQodbCoQj#id-14.7-dmca-safe-harbor-notice-nar-policy-7.99)**,** which explains designated agent options, repeat-offender policy, and takedown/counter-notice procedures). **G. Unauthorized Use of Listing Content:** Participants and Subscribers may not copy, display, republish, distribute, or otherwise use listing content, including photographs, remarks, virtual tours, or documents, without the authorization required under this Section. Any complaint alleging unauthorized use or display of listing content must be submitted in writing to BSCMLS and will be handled under the complaint and determination procedure in [**Section 16.3.D**](https://rulebook.bscmls.com/pages/lFLOsplLFKrR9CdeEU0f#d.-complaints-of-unauthorized-use-of-listing-content). Nothing in this Section limits any party’s right to pursue legal remedies. ### [12.3 – Confidential MLS Information (Non-Public Fields)](#id-13.3-confidential-mls-information-non-public-fields) The following confidential fields are for the exclusive use of authorized members and must not be distributed to non-members at any time: Owner Name, Occupant Name, Owner/Occupant Phone Number, Agent Remarks, Showing Instructions, Non-public agent contact information (e.g., private phone/email fields not displayed to the public), and Short Sale/Foreclosure Details. --- # Agent Instructions: Querying This Documentation If you need additional information that is not directly available in this page, you can query the documentation dynamically by asking a question. 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