VLB requests

[jasonhunter]

Gatesville Texas, Why would my lender (VLB(Veterans Land Bureau)) ask that the "all rights reserved" section of the survey be removed?

 

[quincy]

Gatesville Texas, Why would my lender (VLB(Veterans Land Bureau)) ask that the "all rights reserved" section of the survey be removed?

What did your lender say when you asked?

 

[jasonhunter]

They said that all rights reserved means only the survey company can use the survey and in case of foreclosure they want to able to use the survey

 

[quincy]

They said that all rights reserved means only the survey company can use the survey and in case of foreclosure they want to able to use the survey

That sounds like a decent answer.

When all rights are reserved, anyone interested in using the rights-protected material needs to be granted permission to use it from the holder of these rights.

Your lender apparently wants to be able to reproduce the survey material (make copies) but it is copyright protected. To copy the survey material, therefore, the lender needs the survey company to grant the lender this right.

 

[FlyingRon]

I agree with Qunicy. Anybody can USE the survey. Making copies is what is going to be protected by copyright. Anyhow any statement of "All Rights Reserved" is puffery anyhow and always has been. In the past a copyright marking need only contain the word "copyright" (or the © symbol), the year, and the copyright owner. These days (since Berne adoption), even that is not strictly is required. Copyright protections occur when the creative work is expressed in tangible form.

As to whether it could be considered fair use in a legal action is up in the air. The question is the nature of the document in question (pretty good argument against it in a similar document, aerial photos here: Stern v Does, 978 F.Supp.2d 1031, 1044-49 (C.D. Cal. 2011). ).

Anyhow removing those words doesn't suddenly make the document public domain.

 

[adjusterjack]

They said that all rights reserved means only the survey company can use the survey and in case of foreclosure they want to able to use the survey

If you want the loan you comply with what the lender is requiring of you.

If you are paying the surveyor and he wants the job then he complies with what you want him to do.

It's the golden rule. The one with the gold makes the rules.

 

[jasonhunter]

If you want the loan you comply with what the lender is requiring of you.

If you are paying the surveyor and he wants the job then he complies with what you want him to do.

It's the golden rule. The one with the gold makes the rules.

Yea sure. surveyor wont remove all rights reserved, and VLB lender is part of the GLO(Government Land Office). Government plays by their own rules.

 

[FlyingRon]

Well if neither side will budge, you have little option but to pay for another survey, making sure that the surveyor will not put "all rights reserved" or other indications that will annoy the lender.