It is the policy of First Multiple Listing Service, Inc. ("FMLS") to respond to notices of alleged copyright infringement in compliance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws. This page describes how to serve a proper Notice of Infringing Material and what to do if any material you have placed on any of FMLS's sites (including fmls.com) or syndicated real estate listings becomes the subject of such a notice.
Notice of Infringing Material
If you are a copyright owner or an agent thereof and you believe that any content or link on one of FMLS's sites or syndicated real estate listings infringes upon your copyrights, you may submit a notice pursuant to the DMCA by providing our Copyright Agent the following information in writing:
- Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
- Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
- Your contact information so that we can contact you (for example, your address, telephone number, email address);
- A statement that you have a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
- Your physical or electronic signature.
FMLS's designated DMCA copyright agent to receive notices of infringing material is:
First Multiple Listing Service, Inc.
5457 Roswell Road, Suite 208
Atlanta, GA 30342
678 904-0446 (phone)
678 904-0452 (fax)
Only DMCA notices should go to our DMCA Copyright Agent. You acknowledge that if you fail to comply with all of the requirements listed, your DMCA notice may not be valid.
Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access to material in response to such a notice, we will make a good-faith attempt to contact the uploader of the affected material so that they may make a counter notification, also in accordance with the DMCA. We may also document notices of alleged infringement on which we act. Your complaint will also be filed and retained in accordance with the document retention policy of FMLS.
Please be advised that you may be liable for damages if you materially misrepresent that a post, product or activity is infringing your copyrights.
An FMLS user who uploads allegedly infringing material that is removed or disabled pursuant to the procedures above may make a counter-notification pursuant to the DMCA.
To file a counter-notification with us, you must send a written communication to our designated Copyright Agent (contact information as shown above) that contains the following details:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which FMLS may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and
- Your physical or electronic signature.
Please note that you may be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
When we receive a counter-notification, we will notify the copyright owner and provide them with a copy of the counter-notification. Upon receipt of a counter-notification, we will reinstate or replace the affected content no less than ten and no more than fourteen business days following receipt, unless our agent receives notice that the copyright owner has filed an action seeking a court order to prevent the customer from engaging in the infringing activity.
Account Termination / Repeat Infringer Policy
FMLS will, in appropriate circumstances, terminate the membership of a user who is a repeat infringer. If you believe that an FMLS user is a repeat infringer, please follow the instructions above to contact FMLS's agent and provide information sufficient for us to verify that the account holder or subscriber has repeatedly uploaded infringing content.
The foregoing notice requirements are intended to comply with FMLS's rights and obligations under the DMCA and do not constitute legal advice. Before serving either a Notice of Infringing Material or a Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other laws.