Window to the Law: Using Images and Music in Your Business

Window to the Law: Using Images and Music in Your Business

Dec 1, 2020
Light Theme Light Dark Theme Dark

Advertisement

Photos, video clips and music are great ways to engage your audience on your website, at live or virtual events, and in video tours. Follow these best practices to legally use third party creative works in your business, and avoid costly infringement actions.

Window to the Law: Using Images and Music in Your Business - Transcript

December, 2020

The photo you found online that’s perfect for your website, or your favorite song you want to use in a listing video – it’s tempting to use this content without further thought, but the use of third party materials without proper permission can make you the target of a copyright infringement lawsuit. The risk management strategies outlined in this video will help you properly incorporate copyrighted materials into your business and avoid costly mistakes. 

Copyright law protects creative works like photographs, music, art, and even works that embody the barest amount of originality like news articles and news broadcasts. Using a work without proper permission infringes the owner’s copyright, and doing so can result in the destruction of the infringing materials, injunctive relief, actual damages or statutory damages as high as $150,000, as well as attorneys’ fees. 

So how do you ensure that you have the proper rights to use third-party works before using them in your business materials? 

First, don’t use third-party works without permission from the copyright owner. If you cannot determine whether a work is copyrighted or who the owner is, don’t use it.

Second, document permission in a license agreement and make sure your use complies with the terms of that agreement. 

Third, save copies of license agreements. Maintaining copies will ensure if your use is ever challenged, you will be able to prove you had permission. 

Fourth, keep in mind that fair use is actually a complicated defense to copyright infringement. Don’t assume it will apply without proper legal advice.

Before you use music in your business, you’ll want to keep these additional risk management points in mind: 

  • Want to play music at your next awards dinner or open house?  You need a performing rights license to play music, live or recorded, at events. BMI and ASCAP are two organizations that offer performing rights licenses for a large selection of popular music. 
  • If you host virtual events, make sure your performing rights license permits the use of music virtually. 
  • Using music in a virtual tour or marketing video?  You need a synchronization license, or a synch license, to use music in videos. Notably, this includes a video of an event where music was played. Securing rights for a live event is different from creating a recording with music. A performing rights license does not extend to video, and ASCAP and BMI  licenses do not include synchronization rights, so you need to secure a separate synch license. 
  • It is especially critical to maintain copies of music licenses.  Music owners often use software that scans the Internet and is able to identify uses of music in online videos.  The music owners then send cease-and-desist letters, placing the burden on the video owner to prove it secured permission to use the music. A copy of the license agreement will easily dismiss these claims. Without a copy of the agreement, the video owner will be forced to pay a settlement fee for using the music or otherwise face potential litigation. 

Adopt these best practices to ensure you successfully incorporate third-party copyrighted content in your business practices. Thanks for watching this episode of Window to the Law. 
 

Additional Resources

Copyright

Real estate professionals must be cognizant of copyright issues when it comes to listing content, most notably in connection with listing photographs.

Virtual Showings and Virtual Tours

As REALTORS® pivot to technology and virtual methods to show homes and properties, NAR compiled these handy links and resources to get you started.
Window to the Law is a monthly video series that provides valuable risk management tips and information to help real estate professionals navigate legal issues facing the real estate industry.
From the advocacy efforts to technology advances and updates on commercial industry trends, the topics in this series all relate to what’s happening in commercial real estate now and what trends are on the horizon.
These webinars and videos are an extension of the New AE Orientation, intended to provide ongoing learning on association management resources and programs to newly appointed AEs.
The hunt is about so much more than the house. Home buying hiccups lead to tough decisions. Guided by the expertise of a REALTOR®, First-Time Buyer puts the real in real estate.
YouTube Play Button Icon

NAR Videos on YouTube

NAR offers additional topics online covering legislation, events, industry news and guides for both NAR members and the public. Visit NAR on YouTube

National Association of REALTORS®

18.5K subscribers

Open YouTube

REALTOR® Party

1.57K subscribers

Open YouTube

REALTOR® Magazine

3.66K subscribers

Open YouTube

NAR Meetings

1.56K subscribers

Open YouTube

Realtors Property Resource® (RPR)

4.58K subscribers

Open YouTube

HouseLogic

1.17K subscribers

Open YouTube

First-Time Buyer

278 subscribers

Open YouTube

That’s Who We R (playlist)

Open YouTube