Who Owns Your Images

Even if you pay for photos and/or artwork, you don't automatically own the rights to reproduce those pictures. (even if they are of yourself)

When you contract with a non-employee to have images, sculpture or pictures made of you, your facilities or your product, ask questions beforehand. For example -- who will own the negatives or digital image files? Often pro photographers keep the negatives, transparencies or digital files and sell you just a few prints. Even when you buy the prints you do not get the copyright, or the right to make copies of the prints that you bought and paid for without a written release from the creator/copyright owner.

Ask what rights you are getting for your money.

If you use a scanner to take photos from your annual report and use them on your website or in a public presentation you may be inviolation of the copyright owners right to reproduce.. The contract may not grant you the right to use the creative work for that purpose.

It's the same if you scan your wedding portrait and make a few prints for the relatives. Though it's unlikey you'd be caught in this circumstance, it's still illegal unless you have the photographer's permission.

In general, the copyright to creative works produced by employees in performance of their duties belongs to the employer. Absent a specific written release, the copyright to work done "for hire" by a designer, agency or photographer remains with the creator of the work. They have the exclusive right to control all reproduction, distribution and the creation of derivative works.

If you plan to use these materials to make your own website, in presentations or public performances, you should include a clause similar to the one below in any contract for production of work that might be used for multiple purposes.

I acknowledge that [the materials] may be duplicated and distributed in any and all manner and media throughout the world in perpetuity.

I further warrant and represent that I am legally authorized to transfer the ownership rights to the materials.

I agree to indemnify and hold [Your Company], their licensees and assigns, harmless from and against any and all claims, damages, liabilities, costs and expenses arising out of the use of the materials or any breach of the foregoing warranty.