Who Owns the Copyright to that Photo?
Do you have the legal right to use a photo of yourself that someone else took? Do you need an IP clearance to use the photo of yourself? This is where the IP clearance of marketing campaigns asks the question, who owns the copyright to that photo you want to use? Although one may think that because the photo is of oneself, it should be fine to use. Usually, however, the copyright remains with the photographer capturing your photo. So, depending on the agreement one has with the photographer, depends on who may legally use that photo and for what purpose. Sometimes, the most one can get is a license instead of full right ownership of the photo.
Best business practice would be to reach an agreement as to photo ownership preferably BEFORE having photos done, if possible. Also, best practice for businesses is to consider the need for IP clearances, preferably BEFORE launching your advertising campaigns in English and Spanish that includes any photos. Any questions? Please feel free to contact me. #substantiationequalstrust. #transparencyformstrust #advertisingandmarketinglawyer #hispanicadvertisingandmarketingattorney #couponlegality #promotiontransparency #promotionalintegrity
Here is an interesting article on this issue.