The slippery slope of Copyright Law

A few years ago, I did something most photographers never do: I sat down and earned certifications in Innovation, AI & Intellectual Property Law, and in Copyright Law Developments across the U.S., Europe, and China.

I didn't do it because I was planning a career change. I did it because I kept running into the same question, over and over, from hotel owners, asset managers, and marketing directors: “Wait — who actually owns these photos once the shoot is done?”

It's a fair question. And the honest answer is: it depends entirely on what's in the agreement you signed — and most people in this industry have never actually read theirs closely.

The Question Nobody Asks Until It's a Problem

Hospitality photography usage rights are more complicated than they look. Some agreements are exclusive. Some are perpetual. Some allow the photographer to license the same images elsewhere after a set number of years; others never let go. Some cover only the specific property; others quietly extend to sister properties under the same management company — which can create real compliance problems if that cross-use isn't properly authorized by the brand.

Most owners and operators sign these agreements without a second look, because photography contracts feel like a formality compared to the property's actual legal work. In practice, they're not a formality at all — they determine who can use your property's images, where, for how long, and whether you'll ever need to pay for new photography again sooner than expected because of a licensing gap nobody caught.

What This Actually Means for You

When I'm brought in to photograph a property, I'm not just showing up with a camera. I understand:

  • How usage-rights terms differ meaningfully between major hospitality brands, and what that means for you as an owner or operator

  • Where the common gray areas sit — cross-property use, sister-brand use, resale rights — and how to avoid stepping into one accidentally

  • How to structure licensing so that everyone who needs the images (owners, designers, architects, brand marketing) can use them appropriately, without anyone overstepping what they're actually entitled to

This isn't legal advice, and I'm not your attorney — for anything contract-specific, you should always have your own counsel review the terms. But it does mean that when we talk about a shoot, I can have an informed, precise conversation about what you're actually agreeing to, instead of a vague one.

Why This Should Matter to You

In an industry where “the photographer” and “the lawyer” have traditionally been two completely separate conversations, I think that's a mistake. The images your property uses for the next several years — sometimes decades — are governed by paperwork that's usually signed in five minutes and never looked at again.

I'd rather be the photographer who helps you get that part right the first time.

David McGhee is a Dallas-based architectural and hospitality photographer, Marriott Brand Approved Photographer across eleven brands, and holds ABA certifications in Innovation, AI & Intellectual Property Law and in Copyright Law Developments.

Fair Park

More then Art Deco, but lets stop there …

A personal project, close to home and close to the heart of Dallas. Fair Park is an Art Deco paradise — one of the largest collections of its kind anywhere in the country — but it's more than architecture to me. It sits deep in the urban fabric and history of this city, layered with memory and meaning that color photography couldn't quite hold. Black and white felt like the only honest way to shoot it.

See the entire series … https://www.davidmcghee.net/#/fair-park/

Photography is my profession and my passion. Like so many other creatives there is always the desire to keep creating, continue wandering, see what is up on the next ridge in reality or artistically. Of course there are often happy accidents along the way and if you would like to see more, please visit my online gallery, www.gallerymcghee.com. The website ... this project represents hundreds if not thousands of hours of travel to often specific locations to capture an image.

Collaboration

Great or even good photography is a collaboration. Sure are those times when you are alone and a composition presents itself but I am speaking of commercial photography. The kind where weeks or even months of planning are in the mix. Those are some of my best times working to make imagery. When a team understands the vision and has the tools to hit the target and enjoys each other and the work along the way. You may not see it in the final but there are often many wonderful people collaborating to make you feel great about what you see.

Happy Accidents

Is what one of my colleagues named a shot when it was not so planned but became much more than expected.

This was just this case with this image. I had been shooting a campaign for a Dallas inter city youth org. They were re-branding and had asked for various captures around the city of the youth enrolled in their program. It had been a fun 3 days doing just that and on the last day the team working on the project found ourselves in one of the cities high schools on the south side. We were wrapped but the organization that had hired me and some of the kids we had captured insisted I stay for a program in the auditorium. I happily agreed and took a seat.

After a few minutes I realized it might be fun to sneak on stage out of view and grab some shots. Scanning the audience there she was, mesmerized in her own world as we often are at that age. I reached down and picked up one of my favorite lenses, a nikkor 18mm 2.8 manual focus and made a single capture. And that was all that was needed.