What should I ask about an online store’s product photos and who owns them?
Ask who took each product photo, whether it was staff, a freelancer, a supplier or the seller, and what was agreed in writing. Find out which images came from suppliers or stock libraries and what limits apply. Your lawyer can say whether you may keep using them after the sale.
Photos sell the product, so a loss of images can hurt the store quickly. Ask the seller for a simple breakdown: images shot in-house, images by freelancers or agencies, images supplied by manufacturers, and images from stock libraries or other sources. Each group raises a different question.
For freelancer work, ask for the agreement or invoice that describes what the store received. Some arrangements give the store full use, others allow only certain uses or a set period. For supplier images, ask whether the supplier’s permission continues if the store changes hands, and whether it depends on the seller’s relationship. Images lifted from other websites are a red flag.
Also check where the files live. Originals should sit in an account the business controls, not on a photographer’s drive or a former employee’s laptop. Ask for the high-resolution versions and any editing files. If photos are key to the brand, include a clear list of them in the purchase terms, and ask your lawyer to review the language. A short audit before closing prevents an awkward surprise afterward. If the store uses models in its photos, ask whether the people pictured agreed to the use and whether that agreement continues after a sale. Your lawyer can say what to ask for.
Key takeaways
- Ask who made each photo and what was agreed in writing.
- Separate in-house, freelancer, supplier and stock images.
- Treat images copied from other websites as a red flag.
- Make sure the original files are in a business-owned account.
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Sources
This answer is checked against primary sources. Links were last confirmed on the dates shown.
- 01Business Development Bank of CanadaGovernmentHow to conduct due diligence when buying a business
- 02Business Development Bank of CanadaGovernmentWhat are the steps to buying a business?
- 03Business Development Bank of CanadaGovernmentUnderstanding post-merger operational integration
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