Using Unauthorized Digital Content is Just like Burning Money

When a rental housing investor buys a property, many assets beyond the obvious fixtures and physical infrastructure come with the deal. When it comes to digital content, there is a financial risk property owners and managers need to consider before continuing use of such assets. The seller typically relinquishes some or all intellectual property, such as designs and logos, associated with the property or brand. Usually included are the photos, images and videos on websites and other marketing collateral harbored in computers and devices. But how can a buyer be assured that, within the transaction, the rights to those images are being transferred and actually owned by the seller? Even if the property isn’t being acquired, how can the owner or property manager know that all those convincing shots of the swimming pool, fitness room, interiors and exteriors are properly licensed? And what is the risk if those images are published without authorization from the persons or entity that holds the copyright? Potential for copyright, licensing infringement growing in multifamily In today’s world of copy-and-paste internet uploads to websites, social media and other platforms, the potential for copyright infringement is more prevalent than ever before. Images, photos, video and other material can be found and posted to websites, social media accounts and other outlets in a heartbeat, often without the awareness of the licensing or copyright owner. It could be days, weeks or months before the owner realizes the work has been used without permission. Copyright, trademarks and patents protect intellectual property created for the benefit of financial reward. Copyright typically applies to literary and artistic works, including photographs and descriptions that protect the creators and assigned publishers from others using images without authorization. The potential for infringement in multifamily rests largely with, but isn’t limited to, photographs, vide...