Images and music in business marketing: what can I use?
The photo is perfect for your new offer. The song turns a short video into a great post. Both are quickly downloaded or selected in an app. But before publication, one crucial question remains: Do you have permission for this exact business use?
An image online, a purchased download or a music track available in an app is not yet complete proof. A brief rights check before design saves uncertainty later.
Key points at a glance
Check the licence against actual use. Consider the rights of people shown. Document music permissions for each channel and type of use.
For images, the licence matters – not just the invoice
Usage rights may be limited by time, territory and scope. You may have permission for a website without automatically having agreed every other use. This also applies to professionally commissioned photographs. Section 31 UrhG
Clarify in advance: will the image appear only on your website or also on flyers, social networks and paid ads? May you crop and edit it? Must the creator be credited? May your agency process the file on your behalf? The answers must follow from the specific licence or agreement.
Our recommendation: store the licence terms applicable at purchase, image number and agreed use alongside the invoice. A filename such as ‘stockphoto-final-new.jpg’ is hardly sufficient internal evidence if no one later remembers where the image came from.
What if people are recognisable in the photo?
This requires a second check. The photographer’s permission does not automatically determine whether you may show the person in your business advertising. Portraits generally require the subject’s consent before distribution or public display; statutory exceptions must be assessed separately. Section 22 KunstUrhG
For a planned team shoot, this means discussing beforehand which photos will be used on which channels. Document the appropriate legal basis and, where applicable, consent. Individual assessment is advisable for employees, children or sensitive situations; data protection issues must also be considered.
Taking a photograph yourself therefore does not automatically resolve every question. It initially clarifies only part of the chain of rights.
Music in an app: available does not mean permitted for every advertisement
Music may involve rights in both the composition and the specific recording. For combining it with an advertising video, a general statement such as ‘The platform has a GEMA agreement’ is therefore insufficient. GEMA explicitly explains that private and commercial use must be treated differently. The standard Instagram music library is not a general authorisation for business advertising. GEMA: music on Instagram
Libraries specifically intended for commercial content are one possible source. TikTok describes its Commercial Music Library as an offering for business content and allows selection by region and permitted placement. Check the specific track and intended use. Do not infer automatic permission to export the same video to every other platform. TikTok: Commercial Music Library
Labels such as ‘GEMA-free’ or ‘royalty-free’ should also prompt you to read the terms. Your decision needs the actual permission to use the material, not just a keyword on a download page.
An example: a post becomes an advertisement
A fictional business produces a short product video. Initially, it is intended only as an ordinary post. Two weeks later, the team wants to use it in a paid campaign and on the website.
The planned uses have now changed. Check images, music, any voice recording and consent again: do the existing agreements cover these channels and paid advertising too? If unclear, the right next step is to clarify with the rights holder – before spending the advertising budget.
The short checklist before every publication
- Origin: Where do the photo, music and other elements come from?
- Rights holder: Who can actually authorise the use?
- Use: Are the business purpose, channel, country, duration and any advertisements covered?
- People: Have the rights of recognisable people been clarified?
- Conditions: Have attribution requirements, editing limits and other conditions been met?
- Evidence: Are the licence, invoice and approvals easy to find with the project?
This list is our practical suggestion for organising production. It does not replace assessment of a specific contract. Assigning responsibility is especially useful: one person collects the evidence before the post is approved for publication.
For a joint production with IDEA Studios, the intended use should therefore be included in the brief: website, social media, advertising or print. This allows the required rights to be planned from the start.
General guidance, not individual legal advice. Sources and platform guidance checked on 4 October 2026; check licence terms again before the specific use. The business example is fictional.