In the age of digital media and online marketing, the application of high-quality images and dynamic music can help your business content stand out. However, incorporating third party materials without the proper permissions can be a form of copyright infringement. Doing so can result in a lengthy and expensive lawsuit that harms business.  

If an image or song is not included in the public domain, individuals cannot use the material without explicit permissions from the copyright owner. With this in mind, there are several ways to obtain these permissions and incorporate images and music  in your advertising, promotional or business content, without infringing on copyright protections.

Realtors® interested in playing music during an open house, community or virtual event must ensure they have a license for public performance. For securing a public performance license, it is recommended that individuals contact the three rights agencies that handle all public performance licensing in the US: ASCAP, BMI, and SESAC.

For the use of copyrighted music in a virtual tour or a marketing video, individuals need to obtain a synchronization license. This permission must be documented via a licensing agreement, with a detailed and thorough terms of use. These are typically custom-negotiated and the process for obtaining these licenses can be a bit complex. Individuals can contact a trusted and reputable licensing service to assist them in this process. In addition, it is highly recommended that an individual retains copies of their licensing agreements and permissions, for further security and reference.

For further reference, check out the “Using Images and Music in Your Business” video by the National Association of Realtors®. This is an informative and thorough episode from their Window to the Law series, and it details best measures to incorporate third-party copyrighted content into business practices.  

If you have questions about the legality of the music or photos you are including in your business material, you can contact the Northern Virginia Association of Realtors® via our Legal Hotline.