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"Can I Use that Photo? No. Yes. Maybe?," an article by Venable partner, Armand (A.J.) Zottola, was published in the April issue of The Licensing Journal. Here is an excerpt:

Businesses often need to make use of photographs as decorative art, for illustration, in connection with programs, events, or seminars, or for other purposes. For photographs not created by the business, the question arises whether photos from other sources can be used without first obtaining a license. The general answer is no. United States copyright law provides certain rights to the owner of the work of authorship that include the exclusive rights to reproduce, publicly distribute, and publicly display directly or through others. Before using a copyrightable work, it's therefore important to evaluate its copyright rights. This should happen regardless of where the work was found or how the work will be used.