ShareIn 1995, a Texas State District Court addressed the copyrightability of MLS compilations. The court granted partial summary judgment as it found that the compilation in question had the requisite level of originality to provide copyright protection. However, the court did not grant summary judgment on the issue of whether the plaintiff was authorized to make copies of the compilation.
Real Data, Inc. (RD) brought a suit for declaration of relative rights under federal copyright law in connection with its use of the Multiple Listing Service and Commercial Multiple Listing Service (MLS) compilations created by the Houston Association of Realtors, Inc. (HAR). HAR filed a counterclaim seeking injunctive relief for copyright infringement of the MLS compilations, in addition to other charges, and sought summary judgment on the copyright infringement count. In response to the request for summary judgment, RD asserted that no impermissible copying of the MLS database occurred and that the MLS compilation itself could not receive copyright protection.
The district court observed that for HAR to establish copyright infringement it must show that: (1) it owned a valid copyright, and (2) someone copied original elements of its copyrighted work. (citing Feist Publications, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 111 S. Ct. 1282, 1296 (1991)). The court noted that, as proof of its valid copyright, HAR submitted photocopies of group copyright registration certificates. The court also noted that a certificate of copyright registration is prima facie evidence of the validity of the copyright and its ownership. (citing Joy Mfg. Co. v. CGM Valve & Gauge Co. Inc., 730 F. Supp. 1387, 1399 (S.D. Tex. 1989)).
RD contested the validity of the copyright by citing the ruling in Feist regarding the copyrightability of MLS compilations. In Feist, the Supreme Court refused to extend protection to the white pages in a telephone directory because the selection and arrangement of facts in that compilation lacked the minimal degree of creativity required for copyrightability. RD argued that HAR's MLS database was similar to the telephone directory, as it was merely a collection of basic facts.
The district court disagreed with RD's argument and found that HAR's MLS reports contained descriptive language that could not be characterized as factual. The court found that in creating its MLS, HAR had employed a complex system of abbreviations to present the information. The court held that the steps that HAR took in arranging, organizing, and presenting its MLS database made it copyrightable, and warranted protection as an original work of authorship. Therefore, the MLS compilation was found to be copyrightable.
Because there remained a disputed question of whether RD had previously been authorized by HAR to make the copies, the court could not determine if, in fact, RD had infringed the copyright.
Real Data, Inc. v. Houston Association of REALTORS®, Inc., No. H-94-0947 (S.D. Tex. Apr. 28, 1995). [Note: This opinion was not published in an official reporter and therefore should not be cited as authority. Please consult counsel before relying on this opinion.]