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.
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:
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
678 420-4422 (phone)
404 900-5492 (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:
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.
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.