The photographer holds a copyright in the photograph itself, so a publisher must have a license or a transfer of ownership from the copyright holder to publish the photo. Photographers may license rights themselves, or they may assign or license rights to a third-party distribution agency, such as Reuters or the Corbis photo library. A license from one of these sources could cover a single publication in a single geographic area or could provide a worldwide license to publish in any media, depending on the nature of the license and the fee required. Be aware that a license that permits publication of a photo on a company brochure may not cover the use of the same photo on the company's Web site. The language of the license should be reviewed carefully to confirm its scope.
Photographs can also involve rights at the level of the subject of the photograph.
If a photo contains a recognizable work of art, the publisher of the photo will need to get permission from the artwork's copyright holder. Similarly, if the photo contains a person, the publisher will need a release of the right of publicity or right of privacy from the subject. Finally, if the subject of the photo contains a trademark, the publisher may need to obtain a trademark license if the image is to be used in a commercial setting. An exception to these rules may exist when a photo is used for educational and news purposes, pursuant to the fair use doctrine discussed later in this article. But very often, publishing photographs may require many levels of clearances.