The image problem is often discovered too late
A business is ready to refresh its website, launch a campaign or change design providers. Then someone asks for the original project photos, staff headshots, illustrations and logo files. The old site contains years of images, but nobody can say who supplied them, whether the business can reuse them or where the records are stored.
This is not just an administrative inconvenience. Unclear images can delay a redesign, create unnecessary risk when a business republishes material, and make it harder to present current work honestly. A useful first step is to account for the visual assets already online before deciding what belongs on the next version of the site.
Separate the four questions behind every important image
For each photo, illustration, graphic or video still, ask four separate questions. Who created it? What copyright ownership or licence arrangement applies? What uses does that arrangement permit? And does the image still accurately represent the business? These questions can have different answers.
Copyright can apply to photographs, illustrations and other artistic works. Canadian Intellectual Property Office guidance also explains that licensing and ownership arrangements can be set out in writing. Payment for a photo shoot or design is therefore a reason to find the agreement, invoice or written permission, not a reason to assume every future use is automatically covered.
Learn copyright - Canadian Intellectual Property Office
Application for Registration of a Copyright in a Work
Run a 30-minute website image-use check
Review the homepage, service pages, About page, project gallery, blog posts, downloadable PDFs and any social graphics reused on the website. Start with the most prominent or commercially important visuals rather than trying to catalogue every small icon at once.
Create one simple image register. For each asset, record its page or file location, a short description, its creator or source, links to any contract, invoice, licence or approval email, intended uses, whether identifiable people or private locations appear, and a status: clear, unclear or replace.
If you cannot locate a record immediately, do not fill gaps with assumptions. Mark the asset as unclear and preserve any clues you have, such as original file names, email threads, invoice numbers or the name of the former supplier. This gives the business a realistic follow-up list rather than an unreliable record.
Image rights and customer permission are not the same question
A business may have permission from a photographer or designer to use an image, while still needing to consider whether showing a recognizable customer, home, child, vehicle, address or sensitive service result is appropriate. Conversely, a customer may be happy for a project to appear online, but that does not establish what rights the business has in the photograph itself.
Privacy obligations can vary with the circumstances, the information involved and the law that applies to the business. If an image identifies a person or connects them with sensitive information, do not guess about consent or legal requirements. Pause, review the records and seek qualified advice where the situation is uncertain or contested.
Businesses and your personal information - Office of the Privacy Commissioner of Canada
Choose a proportionate next step for unclear images
Images with a clear source and documented permitted use can stay in the active library. For unclear images, ask the creator, previous provider or relevant customer for clarification in writing. If the image is not essential, removing it temporarily may be simpler than delaying a larger website project while the answer is found.
Replace images when their source or permission cannot be established, or when they no longer reflect the business. A photo of a former employee, an outdated vehicle wrap, a discontinued service or a past project may be usable in one sense but still give customers the wrong impression. When choosing replacement project images, use current work that helps a prospective customer understand your actual capability and scope.
For future photography, illustration or design work, include intended uses, delivery of source files, licence or ownership terms, approval expectations and record-keeping responsibilities in the brief. A named business owner should also be able to locate the image library and supporting records when staff or suppliers change.
False or Misleading Representations and Deceptive Marketing Practices
When professional or legal help makes sense
A straightforward register is usually enough to identify what needs attention. Professional design help can be useful when the business needs to replace a patchwork of undocumented visuals with a coherent, current set of website and brand assets. Legal advice is more appropriate for disputed ownership, complaint responses, unclear commercial licences or high-value advertising use.
The goal is not to make every small business an expert in copyright. It is to ensure that a business can explain where its important visual assets came from, locate the relevant records and make an informed decision before reusing them.