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Photography Ownership by Third Party

ggarvin

3rd Base Coach
Apr 20, 2009
40
24
Awards
4
First Name
Glen
I recently ran across a third party photo vendor who is taking the stance that they own the photos taken for the dealership. This absolutely shocked me. Many years ago (~2001) Trader Publishing/ Dealer Specialties took this stance and was beaten to a pulp over it. One of the most uncomfortable meetings I've ever been in involving one of the VPs of a big national organizations getting up and walking out of the meeting and saying "when dealers find out about this, you'll have no business left". Luckily, Trader eventually backed down from this stance and that was a long time ago in what seems like a different world which is what shocked me even more to find this company taking this stance.

Am I wrong to think this? Should photos taken by a third party vendor on behalf of the dealer belong to the photo service company or the dealer?
 
Not even a question - the dealer.

Of course, any smart third-party provider will get a perpetual license to use the photo for any purpose. No reason to get sued later for using a photo you took (but that now belongs to the dealer) in your marketing or on your website.