fbpx

Login Find a Realtor Skip to content
Home » Risk Management » Sample Forms » Copyrights on Forms Are Enforced

Post Updated: April 2025

The Arizona REALTORS® policy calls for the enforcement of the copyrights on the standard real estate forms developed and produced by the Association:

Those who alter Arizona REALTORS® forms, or sell, or attempt to sell, unauthorized copies of Arizona REALTORS® forms will be vigorously pursued for violation of copyright law.— Policy D.4.

I. Developing Arizona REALTORS® Forms Takes A Lot of Time and Effort

Arizona REALTORS® forms are drafted by members of various committees and workgroups with the assistance of the Arizona REALTORS staff and legal counsel. These people have collectively invested hundreds of hours in the creation of association forms.

II. Arizona REALTORS® Forms Are Protected by Copyright

The Arizona REALTORS® forms are original works, protected by federal copyright laws. After developing an original form, the association registers the form, and deposits a copy of its form with the Register of Copyrights in Washington, D.C. Arizona REALTORS® affixes a copyright notice, the year of publication, and the name of the copyright owner (Arizona REALTORS®), which informs people that the form is protected by copyright.

III. Arizona REALTORS® Rights as Copyright Holder

Copyright law is designed to prohibit all unauthorized, economically significant uses of the copyright works by persons other than the copyright holder. Therefore, Arizona REALTORS® as the copyright holder of the forms created by the association, has the exclusive right to: (1) reproduce (make copies of) the forms; (2) prepare derivative works from the forms; and (3) distribute the forms. Arizona REALTORS® may exclude all others from reproducing or making copies of the forms by any means. A “copy” is any material object from which the forms can be perceived, reproduced or communicated, either with the naked eye or with the aid of a machine or other device. Copying Arizona REALTORS® forms, either by photocopy or the use of a computer, without the associations authorization, constitutes copyright infringement. Copyrighted forms provided by the Arizona REALTORS® are made available as a member benefit via Lone Wolf Technologies TransactionDesk platform to Arizona REALTORS® association members only.  Arizona REALTORS® members are authorized to use the forms solely for their transactions.  The Lone Wolf  TransactionDesk “User Agreement” each member executes to gain access to TransactionDesk® prohibits distributing the forms to a third party (non-member).

IV. ARIZONA REALTORS® Remedies For Copyright Infringement

Anyone who produces copies of Arizona REALTORS® forms, without the Arizona REALTORS® authorization, is subject to a copyright infringement action. In a copyright infringement action, a copyright holder may recover actual damages and any profits of the copyright infringer that are attributable to the infringement. In some cases, where it would be too costly to prove actual damages, statutory damages from $200 to $150,000 are available. The court may also require the copyright infringer to pay the copyright holder’s attorneys’ fees and costs. Injunctive relief, both temporary and permanent, prohibiting the copyright infringer from further copying of the work may also be imposed by the court. Finally, copyright law imposes criminal liability for willful or fraudulent infringement.