Does a Photographer Need Permission to Use Photos He Takes for Advertising?
Owning the negative or photo does not automatically grant you the rights to use, publish, or profit from it. You could be liable if you use a photograph of someone without their consent to gain some commercial benefi, such as for advertising purposes. In these cases, any commercial use would require some form of Model or Property Release. Liability may also be found if someone claims that his/her privacy rights were invaded, he/she was portrayed in a false light, or the photo implies that the person is endorsing a product or service. The best way to protect oneself against lawsuits is to get prior written permission to use the photograph.