Image rights in advertising

Using a photograph in advertising requires clearing two distinct sets of rights, and businesses routinely clear one and forget the other.

The two rights

Copyright belongs to the photographer or their employer. It governs whether you may reproduce the image at all.

The right to one's own image belongs to the person depicted. In most European jurisdictions, using a recognisable person's likeness for commercial purposes requires their consent.

A licence from a photographer resolves the first and not the second.

What consent must cover

Consent for a website photograph does not extend to an outdoor campaign. Consent given in 2019 for unspecified use is weak evidence in 2026.

Employees

Employee photographs require consent, and that consent must be genuinely voluntary. In an employment context there is an argument that consent is not freely given, which is why written, specific consent with a clear right to refuse matters.

Consider what happens when the employee leaves. Most jurisdictions permit withdrawal of consent for future use where there is good reason, and continuing to use a former employee's image in current advertising is a common dispute.

Stock imagery

Stock licences vary and the distinction that matters is between editorial and commercial use. Editorial-licensed images may not be used in advertising.

Check the model release status. Reputable libraries state whether a release exists and what it covers. Images without releases may not be used to advertise a product or service.

Buildings, art and trade marks

Photographs may capture protected works: architecture, sculpture, artwork, and third-party trade marks and product designs.

Rules on photographing works in public spaces vary considerably by jurisdiction. Interiors are generally more restricted than exteriors. Recognisable third-party products in an advertisement raise separate trade mark questions.

Customers and the public

A photograph of your premises with identifiable customers in it may not be used in advertising without their consent.

Practical approach: photograph when the premises are empty or with staff who have consented, or obtain written consent from anyone identifiable.

The record to keep

For every image used in advertising: the source, the licence and its terms, the release status, and the consent documents for any identifiable person, with dates.

That file is what answers a claim quickly. Without it, the practical outcome of most claims is that you stop using the image and pay.