C
ompass CEO Robert Reffkin has accused the California Regional MLS (CRMLS) of forcing more than 100,000 agents to sign a 10‑page agreement that lets the MLS sell their listings. He said agents could not access the MLS without agreeing, asking if this was fair.
CRMLS CEO Art Carter replied that the clause is not new; recent EULA additions cover multi‑factor authentication and arbitration. He stressed the EULA does not give the MLS control over listings or allow it to profit improperly. Instead, it is meant to return value to the brokerage community that supplies the data.
The language in question grants an agent an irrevocable, unrestricted, transferable, perpetual, royalty‑free, non‑exclusive license (with sublicense rights) to use, store, reproduce, compile, display, distribute, and create derivative works from the content. This license is needed for copyright protection and lets the MLS monetize listings collectively, then share the proceeds with brokers.
The U.S. Copyright Office now recognizes MLS listings as protected, allowing agents’ work to be safeguarded against unauthorized use.
Regarding the sale of agents’ content, Carter said the practice is not new but has evolved. Previously, grey‑market resellers sold MLS data to non‑members, leaving brokers uncompensated. CRMLS now partners with other MLSs to create REdistribute, a platform that monetizes data in a way that returns money to the original contributors. The MLS does not seek to enrich itself; it seeks to benefit its users.
Mission Realty Advisors CEO Eric Johnson criticized the agreement as another example of MLSs shifting control away from the creators of value. Carter countered that the MLS manages data as a unified set, not as isolated fragments. If each agent owned their listing individually, any external use—such as AVMs or IDX feeds—would require approval from thousands of brokers, which is impractical.
In summary, the dispute centers on the interpretation of a licensing clause. While Compass argues that agents lose rights, CRMLS maintains that the clause is standard, protects copyright, and ultimately channels revenue back to the brokerage community.
