WHO OWNS THE COPYRIGHT?

Q: A company that commissioned me to take some photos on a freelance basis five years ago wants to use the photos on its Web site. Does the company need my permission?

A: The company does not need your permission if you gave the company a written assignment of the copyrights or signed a valid "work made for hire" agreement for the photos five years ago when you took the photos.

If you did not sign an assignment or a valid "work made for hire" agreement, you still own the copyrights of the photos. The company needs your permission to post the photos, unless the original license (permission) you gave the company five years ago is broad enough to cover present use of the photos on the company's Web site.

If the license you gave the company five years ago was a one-time right to use the photos in a particular publication, brochure, or other use, the company needs to get your permission to use the photos on the Web site. However, if you gave the company a broad license to use the photographs in any way and any medium in perpetuity, even though you retain the copyright the company already has the permission it needs.