- A copyright is afforded to a photographer's original works. Under the copyright, a photographer owns the exclusive rights to use and reproduce original work he creates. Copyright law is governed by the Copyright Act, which is a federal law.
- If the photographer signed away or sold her copyright to the photograph to the business owner, then the business owner may use the photograph however he wishes without restriction. However, if the owner of the photograph did not sign such an agreement, then the business owner must not only tell the photographer of the use, but the photographer may be entitled to compensation for the use of the photo.
- The photographer can sell the photo to the business owner for a one-time use. After that one time use, any future uses of the photo would require permission from the photographer and, if the photographer requires, further compensation. The photographer could sell use of the photo for a specific time period. For example, the business owner would be allowed to use the photo for 6 months for an agreed-upon fee. At the end of the 6 months, the photographer and business owner would have to enter into a new fee/usage agreement.
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