I'm navigating the complexities of managing employee photography and consent in the workplace. Our company is striving to use more real employees instead of stock imagery. Photos come in via professional photoshoots or employee submitted (ex: events at work, team photos). How do you handle employee photography? Do you require employees to sign waivers at photoshoots or after an image is submitted, or is this addressed during the onboarding process?

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If you're going to use photographs of employees, it would be best to get them to sign a waiver. And if you're planning to use photos taken by employees, it would be good to get them to sign something giving you permission. Under copyright law, the creator owns the copyright, so the employee would own the copyright to a photo they took themselves, so getting permission to use it would be going by the book. Now, chances are none of that will matter in a practical sense, an employee probably won't sue you for copyright infringement.

Are they employees of your own company? Yes, You need a signed release from everyone/anyone used.

Photographer may/may not retain copyright - may license the finals, or sell outright. This comes down to how much you can afford really.

Releases/contracts should be before photos are taken. Attach a picture of the person to the release. Keep those files. Can be done afterward, but not ideal for you.

Your own company's employees? Assuming they do not receive any payment? Whether you have a mind to pay them or not, speak to counsel. The transaction must be fully transparent. Most agencies frown on using their own people for client work - can get quite complicated and remember - agencies and employees are not together forever...

Or photos of real employees of your client's company? Again signed release is required with a picture attached. Use a payroll company to pay so the "models" are insured for workman's comp - just in case. Each client will have their own legal opinion on employee compensation. IMHO, always assume the will need compensation; be sensitive about how much they get and how long the images could be used. Speak to your talent department and legal. (What if the employee is fired or laid off? What if they leave the company? These considerations should be part of early discussions with clients and potentially baked into the releases.)

In short, I would hire an art buyer/producer if you do not have on staff.

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