Whose Photo is it Anyway? Negotiate Photograph Rights in Advance to Avoid Costly Copyright Violations Later

Companies may assume that when they pay for a professional photograph, the photo may be used for any purpose — marketing, websites and annual reports. However, without carefully negotiating a license or an assignment, they may find that their rights are limited.

“Even sophisticated companies may run into trouble because they either overlook or don’t fully understand the legal implications of using photographs in connection with their businesses,” says Aaron Moss, partner and copyright expert who chairs Greenberg Glusker’s Litigation Department. “Just because a company hires a photographer or owns a particular copy of a photo does not automatically mean that the company has the right to reproduce or distribute copies of that photograph.”

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