IP Tech Knowledgy

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Obtain All Needed Rights to Use a Photograph

Be certain to obtain all rights in a photograph that you may want to include in your materials.  The more obvious required permission is that of the photographer.  Obtain either an assignment from the photographer or a license to use the image in all of your intended ways.  The less obvious permission is obtaining the rights from people depicted in the photograph.  They each have a right of publicity, and the ability to use the photo requires a license from the depicted people.  Heirs may still have a right of publicity in the photo or likeness of a deceased person, depending on the state where they resided at the time of death.  Maryland, however, does not recognize a post-mortem right of publicity.  If a building has unique artistic features, you may need the permission of the building owner as well.