Protecting Your Real Estate Business: Copyright & Trademark Considerations

As a real estate professional, your brand and online presence are crucial to your success. However, with the increasing use of digital platforms to market properties and provide real estate services, understanding copyright and trademark laws is essential to avoid legal pitfalls.

Copyright Considerations for Real Estate Professionals

Many real estate professionals use property images, videos, and written descriptions in their listings and marketing materials. It’s important to ensure you have the right to use these assets. Copyright laws protect original works of authorship, including photographs and written content. If you use images taken by professional photographers or descriptions written by third parties, you must obtain proper licensing or permission to use them. Unauthorized use could result in copyright infringement claims.

Additionally, since most real estate websites display data through IDX feeds or similar sources, they may qualify for the safe harbor provisions of the Digital Millennium Copyright Act (DMCA). This provides protection against copyright liability, but only if proper policies are in place, such as a designated DMCA agent and a process for handling takedown requests. Ensuring compliance with these provisions can help protect your website from potential legal issues.

Trademark Issues in Real Estate

Trademarks protect business names, logos, slogans, and other branding elements that distinguish your services from others. Unauthorized use of another company’s trademark in marketing materials, domain names, or advertisements can lead to infringement claims.

Real estate professionals should also be cautious when using terms that may be trademarked. For instance, certain industry terms and designations may be protected, and improper usage could result in legal action. Conducting a trademark search before branding your business can help prevent future disputes.

Protect Your Business—Stay Compliant

Understanding and complying with copyright and trademark laws can help safeguard your real estate business from costly legal disputes. If you have questions about your website’s compliance with DMCA safe harbor provisions or need assistance with trademark matters, contact REBLAW today for expert legal guidance.

Call us today at 725-239-8413 for a free consultation!