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Copyright Basics Every REALTOR® Should Know

Writen by Victoria Munson |

Published: September 3, 2025

As you begin creating your marketing materials or setting up your social media channels, be very careful about the content that you include on those platforms. If you use copyrighted material without the owner's permission, you could be held liable for copyright infringement. A good starting point when you have found that perfect photograph or music to include in your marketing is to ask yourself the following questions: Do you know who owns the rights to this content? Do you have documented permission from the owner to use those items? Here are some best practices to help you and your sponsored licensees avoid claims of copyright infringement:

  • Use your content that you created yourself; or, if using content created by others be sure they are materials that you have licensed in writing from reputable sources.
  • Memorialize any permissions to use copyrighted works in a license agreement. The agreement should include such terms as the scope of your use, the length of time you may use the work, the mediums in which to use the work and any restrictions on usage.
  • Keep records of the agreements you have with third parties to use their particular works. This will be very helpful if your use of the content is ever challenged.
  • Make sure to use an agreement with the photographer for your listing photographs. Review that agreement to determine what rights were granted and to confirm the agreement fits with how you intend to use the photographs in your marketing.

  • NAR provides several sample agreements to assist members when they engage the services of a photographer.

  • Have your company attorney draft, review or amend any license agreement you enter to cover your or your company's use of copyrighted works.

About the writer: Prior to joining Illinois REALTORS® in 2022, Victoria (Vicki) Munson was an attorney in private practice focusing on real estate and estate planning matters. She enjoyed assisting buyers and sellers in bringing their transactions to the closing table. Victoria earned her bachelor’s degree from Western Illinois University and her Juris Doctor from The John Marshall Law School.

Your Illinois REALTORS® Legal Team