{"id":1624,"slug":"rule-mls-copyright-is-live-not-settled-since-2023-fca-70","title":"Rule: treat MLS copyright as LIVE, not settled. 2017 FCA originality obiter was revived by 2023 FCA 70 (IMS v. TRREB)","kind":"rule","scope":"business","status":"current","audiences":["kevin","candid-team"],"topics":["mls-data-licensing","competition-law-canada"],"reference_body":"**Rule.** Do not assume MLS data is copyright-free. The 2017 FCA originality finding was *obiter*; 2023 FCA 70 (*IMS v. TRREB*) revived the question.\n\n**Why.** [[fca-2017-mls-compilation-lacks-originality-obiter]] + [[ims-v-trreb-2023-fca-70-copyright-revived]] — obiter is not binding; the FCA 2023 explicitly held the prior obiter did NOT finally decide the originality of *this* MLS work.\n\n**How to apply.** When designing any product that ingests MLS data and produces derivative outputs, plan for a future where copyright is held to attach. Build the consent + license chain that survives that finding, not just the originality-failure finding.","rationale_body":null,"metadata":null,"links":{"outgoing":[{"slug":"research-brief-mls-data-inside-the-box-ontario-june-2026","title":"Research notes (capture-layer): inside the MLS box — what an Ontario member agent's account exposes, what goes unused, and what they're licensed to do with it (June 2026)","kind":"research-notes","scope":"business","link_type":"depends-on"},{"slug":"fca-2017-mls-compilation-lacks-originality-obiter","title":"FCA 2017 (2017 FCA 236) — in *obiter*, endorsed Tribunal's conclusion that the TREB MLS compilation lacked the originality (skill/judgment/labour) for copyright; TREB \"had not put forward persuasive evidence\"","kind":"reference","scope":"business","link_type":"depends-on"},{"slug":"ims-v-trreb-2023-fca-70-copyright-revived","title":"IMS v. TRREB (2023 FCA 70) — FCA allowed TRREB's copyright claims to proceed; prior 2017 obiter did NOT finally decide originality of *this* (different/updated) MLS work; **copyright is live again, not settled**","kind":"reference","scope":"business","link_type":"depends-on"}],"incoming":[{"slug":"research-brief-mls-data-inside-the-box-ontario-june-2026","title":"Research notes (capture-layer): inside the MLS box — what an Ontario member agent's account exposes, what goes unused, and what they're licensed to do with it (June 2026)","kind":"research-notes","scope":"business","link_type":"relates-to"}]},"created_at":"2026-06-21T10:51:32.873Z","updated_at":"2026-06-21T10:51:32.873Z"}