Key Takeaways
- Who owns photos of your business is settled by the shutter, not the invoice. The Copyright Office puts it in one line: the author and initial owner is the person who "shoots" or "takes" the photo.
- A work-made-for-hire clause in a photography contract usually does nothing. Section 101 lists exactly nine kinds of commissioned work that can be made for hire, and a photograph is not one of them. Ownership moves only by a signed assignment under section 204(a).
- Google's in-product photo report has no copyright reason. The four it offers are Privacy concern, Not a photo or video of the place, Spam and Personal information. Copyright runs through a separate legal form.
- Filing that form when the photo is not yours is the expensive mistake. Section 512(f) makes a knowing misrepresentation payable in damages and attorneys' fees, and a counter notice puts the photo back in 10 to 14 business days.
- If the image is genuinely yours and worth money, 100 dollars buys a hearing. A Copyright Claims Board claim needs no lawyer and caps at 30,000 dollars per proceeding, 15,000 per work.
- The two answers you will get, and why both are half-wrong
- Who owns photos of your business by default
- Work made for hire almost never fits a storefront photo
- Your contract, and the clauses that actually decide this
- Four ways a photo comes off a Google profile, and one is copyright
- Filing the notice: the path Google actually uses
- The two risks on the other side of that form
- When you do not own photos of your business
- If the photo is worth money: registration and small claims
- What we would do in the first week
- Frequently asked questions
A photograph of your premises is sitting on your Google Business Profile and you want it gone: four years out of date, the old signage, or put there by a photographer you parted with badly. Somebody tells you it is a copyright matter, and that is right about a quarter of the time. We read the five pages currently ranking for this question: three never mention copyright and two never mention Google, so whichever you landed on handed you half an answer. Here is the other half, checked against the statute, the Copyright Office's guidance and every Google form in the path.
The two answers you will get, and why both are half-wrong
Search this and the results split into two camps that never speak to each other. On one side, law-firm explainers that answer ownership carefully and stop. On the other, local-search vendor posts that walk you through the trash icon and never use the word copyright. Neither tells you the thing you came for: whether the answer to the first question unlocks the button in the second.
Two of the three law pages are not even US law. They are written for the United Kingdom and Australia, and the UK rule carries an exception for photographs commissioned for private or domestic purposes with no American equivalent. A US owner who reads one and concludes the commissioner keeps the copyright has been actively misled.
Treat them as one chain with a hinge in the middle. Ownership is decided by federal statute and by a piece of paper somebody signed years ago. The route is decided by Google, which asks you to swear to the first answer before acting on the second. Get the order wrong and you file a sworn legal notice over a problem a policy report would have handled.
Who owns photos of your business by default: the shutter, not the invoice
The Copyright Office states the default in a single sentence in its guidance for photographers: "Generally, the author and initial copyright owner of a photograph is the person who 'shoots' or 'takes' the photo." No clause about who commissioned it, who appears in it, who owns the building, or who paid. The camera operator is the author, and owns the copyright from the moment the shutter closes.
The results surprise most owners. The photographer you hired owns those images. A customer who snapped your storefront owns that one, which is why a customer photo on your Business Profile is not yours to take down on copyright grounds however badly it misrepresents the place. Even a photograph of a building you own is the photographer's work: copyright protects the picture, not the subject.
Two things move ownership, and only two. Employment: a photograph taken by your own employee inside the scope of their job belongs to the business from the start. And a signed transfer, where the statute is unforgiving about form. Section 204(a): a transfer "is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent."
Read that as a checklist, because Google will. In writing. Signed. By the photographer, not by you. An invoice marked paid, a verbal assurance or a quote email you accepted is not a transfer, and the ownership question has already been answered against you.
Work made for hire almost never fits a storefront photo
Here is where every guide stops short. Photography contracts are full of work-made-for-hire language, and the usual advice is that the clause transfers ownership provided it was signed before the shoot. That is incomplete in a way that matters: work made for hire is not a phrase you can attach to anything.
Section 101 defines it in two parts. The first covers employees acting in the scope of employment. The second covers a work "specially ordered or commissioned", and applies only if it is one of nine specific things. The list is closed: a commissioned work outside it cannot be made for hire, whatever the parties signed.
| Category in section 101 | What it covers | Your storefront photo? |
|---|---|---|
| A contribution to a collective work | An image commissioned for a named magazine, anthology or directory | Only if shot for a specific collective work. A photo for your own listing is not one. |
| A part of a motion picture or other audiovisual work | Frames and footage made for a film or video | No, for a standalone still |
| A translation | Text rendered into another language | No |
| A supplementary work | Illustrations, maps and appendices supplementing another author's work | Arguably, if commissioned to illustrate someone else's text. Not for your own marketing. |
| A compilation | A selection and arrangement of existing material | No |
| An instructional text | Material prepared for systematic teaching | No |
| A test | Examination material | No |
| Answer material for a test | Mark schemes and keys | No |
| An atlas | A bound collection of maps | No |
Nine rows, and the word photograph appears in none of them. A photograph commissioned for your website or your Google profile is a standalone still: not part of a collective work, a film, a translation, a compilation, an instructional text, a test, answer material or an atlas. The work-for-hire clause in that contract is, as to that photograph, a clause about nothing.
This decides how you spend the week. A business holding only a work-for-hire clause is roughly where a business holding nothing is, and the fix for both is the same: go and get an assignment.
Your contract, and the clauses that actually decide this
Every law-firm page ends with "check your contract" and none says what you are checking for. Here is the table we use. Find the paragraph about rights, match its wording on the left, read across.
| What the contract says | What you actually hold | Can you file a copyright notice? |
|---|---|---|
| "The images are a work made for hire" and nothing more | Very likely nothing. The clause does not reach a standalone photograph. | No, not on that clause alone |
| "Photographer assigns all right, title and interest in the images to Client", signed by the photographer | Ownership. This is the clause that works. | Yes |
| "Client is granted a perpetual, worldwide, royalty-free licence to use the images" | A licence, however generous it reads. A licensee is not the owner. | No |
| "Photographer retains copyright; Client may use the images for marketing" | A limited licence, and an express statement against you | No |
| Nothing in writing at all | At most an implied licence to use them as both sides expected | No |
| An email from the photographer saying the rights are yours, name typed at the end | Arguably a signed note or memorandum of transfer under 204(a) | Possibly. Keep it, and expect to be asked for it. |
Two notes on the edges. A photograph taken by a salaried employee on the job needs no clause at all, so the staff member who shot the interior on a phone handed you a cleaner claim than the professional did. And a transfer need not be elaborate: 204(a) will take "a note or memorandum", which is why the last row is worth chasing. One signed line converts a dead work-for-hire clause into a live assignment. Keep what you find: the evidence file you build now is the file every route below asks for.
Four ways a photo comes off a Google profile, and one is copyright
Now the hinge. Google offers four routes, and the ownership analysis tells you which row you are in. Most owners never discover rows three and four exist, because the in-product flow does not mention them.
| Route | Who may use it | Where it is filed | What happens next |
|---|---|---|---|
| Delete it yourself | The profile owner, for images the business uploaded | The photo manager on the profile | Immediate. No ownership question arises. |
| Report a policy violation | Anyone with a Google account | Report a problem in Search, or More then Report in the Maps app | Reviewed over "several business days". No appeal button for photos. |
| Copyright removal notice | The copyright owner or an authorised agent, and nobody else | The legal reporting troubleshooter, not the profile | A legal process. The uploader may counter-notify and get it restored. |
| Other legal grounds | Anyone holding the claim: defamation, trademark, counterfeit, court order | Same troubleshooter, different issue type | Assessed against the law of the country you select |
Row two is what almost everybody uses, and it is narrower than it looks. Google's page on reporting photos and videos offers four reasons and only four: Privacy concern, Not a photo or video of the place, Spam, and Personal information. Copyright is not on that menu. Neither is "this is out of date".
The photo policy does not contain the word copyright. We read Google's Business Profile photos, videos and posts content policy end to end. Its only gesture at the law is that you are "responsible for your posted imagery to comply with all applicable laws and regulations", a duty on you rather than a remedy for you. A business reading it to learn how to assert ownership finds nothing and settles for a policy report that never fit.
Before leaving row two, check whether one of the four reasons genuinely fits: it is faster and carries none of the risk below. "Not a photo or video of the place" is the workhorse, covering images attached to the wrong listing, a commoner problem than owners realise. Google notes that repeated requests about the same content can slow the review, so one considered report beats five impatient ones.
Filing the notice: the path Google actually uses
If the ownership analysis came out in your favour, the copyright route is real and documented, just not where you would look. Not the Business Profile dashboard: a separate flow called Report Content On Google, which asks three questions in order.
First the product: "Google Maps, Waze and related products". There is no "Business Profile" label anywhere in the flow, which stops a lot of people on the first screen. Second the content type: "Local listings (including business listings), photos, or saved items". Third the legal issue, where Copyright is "Report unlawful use of copyright-protected work". The same menu carries Trademark, Counterfeit, Defamation, Court order, Circumvention and, revealingly, Counter notice — because the other side gets a turn.
Google's statement of policy is short: "It is Google's policy to comply with notices of copyright infringement pursuant to the Digital Millennium Copyright Act." The form then asks for your standing as owner or authorised agent, the exact URL of each image, a good-faith statement and a sworn declaration. Nothing about how annoying the photo is.
Capture the URL before you start, not during. Open the image in its own view in an incognito window and copy the address identifying that photograph rather than the profile it sits on. A notice pointing at the listing instead of the file is the commonest reason one comes back unactioned, and you will have spent a sworn statement to learn it.
The two risks on the other side of that form
None of the five ranking pages mentions either, and they are why ownership deserves an afternoon rather than a guess. A copyright notice is not a complaint form. It is a sworn legal instrument with a liability attached and a documented path for the other side to undo it.
| Provision | What triggers it | Who is exposed | The consequence |
|---|---|---|---|
| 17 U.S.C. 512(f) | Knowingly and materially misrepresenting that material is infringing | You, the sender of the notice | Liability for "any damages, including costs and attorneys' fees" to the uploader, the real owner, or the service provider |
| Google's own wording | Filing without being the owner or an authorised agent | You | "you will be liable for damages (including costs and attorneys' fees)" |
| 17 U.S.C. 512(g)(3) | The uploader swears under penalty of perjury that the removal was a mistake | The uploader, who must give name, address, phone and consent to federal jurisdiction | Costs them nothing to file |
| 17 U.S.C. 512(g)(2)(C) | A valid counter notice, and no court action filed by you | You, again | The photo returns in "not less than 10, nor more than 14, business days" |
Read the last two rows together: a complete round trip. A photographer whose image you took down can counter-notify for free, and unless you go to federal court the statute requires the photo restored inside about a fortnight. This is not a quiet administrative removal. It is the opening move in a dispute with somebody who knows the rules better than you, which is why a work-for-hire clause you have not read is a bad thing to swear on.
The flip side matters too. Where you genuinely own the image this is a strong, fast remedy, and the counter notice costs the other side something real: a published home address and advance agreement to be sued in federal court. Most casual uploaders will not do that. The calculus turns against you only when ownership was always shaky.
When you do not own photos of your business, three ways out
Most readers land here, and it is not a dead end. Three routes stay open when the answer turns out not to be you.
- Ask the owner to file. The notice must come from the copyright owner or an authorised agent, so the photographer can send it, or authorise you in writing to send it for them. Former photographers are often more amenable than expected: an image of a business they no longer work with does nothing for their portfolio.
- Buy the assignment now. One paragraph, signed by the photographer, assigning all right, title and interest in the named images. It cures every row in the contract table and fixes the problem permanently rather than one upload at a time, which matters if the same images sit on directories you have not found.
- Use the route that does fit. If the image is attached to the wrong business, shows personal information, or is spam, the policy report is the right instrument and you need no rights in the photograph. The same goes for imagery Google itself captured, which has its own process.
What does not work is dressing a policy complaint as a legal one. The two go into different queues with different reviewers, and a copyright notice that is really a grievance about an unflattering picture fails on the first screen while leaving your sworn statement on file. Our guide to every violation type Google recognises is the faster read, and the legal position on removals covers where the lines sit.
If the photo is worth money: registration and small claims
Takedowns are free. Occasionally the problem is bigger than one listing, usually a competitor or ex-contractor using your images commercially, and then registration matters. The Copyright Office is direct: you must register a US work before suing in federal court, and "the timing of your registration matters" for whether attorneys' fees and statutory damages are available at all.
| Step | Fee | What it covers |
|---|---|---|
| Single application | 45 dollars | One work, one author, same claimant, not made for hire |
| Standard application | 65 dollars | Any single work, including one the business holds by assignment |
| Group of published photographs | 55 dollars | Up to 750 photographs by the same author, author as claimant |
| Group of unpublished photographs | 55 dollars | Up to 750 photographs, same author and claimant |
| CCB claim, first payment | 40 dollars | Filing. An application is enough; a completed registration is not required. |
| CCB claim, second payment | 60 dollars | Due within 14 days of the Board's order, and only if the respondent does not opt out within 60 days |
| CCB ceiling | 30,000 dollars | Total damages per proceeding; statutory damages capped at 15,000 per work. No attorney required. |
The Copyright Claims Board is the part nobody in this SERP has noticed: a small-claims tribunal inside the Copyright Office which tells claimants that "you do not need an attorney to file or respond to a claim", where the whole filing costs 100 dollars in two parts. The catch is the opt-out: a respondent can decline within 60 days and the case ends, which is why the fee is split and why this is a lever rather than a certain remedy. Set it against handling the same problem commercially and the arithmetic is not close for a valuable image.
What we would do in the first week
- Capture the photo and its URL in an incognito window, before anyone edits the profile.
- Establish who pressed the shutter. Staff member, hired photographer, customer, unknown. Everything downstream turns on this fact.
- Find the contract and read only the rights paragraph, against the clause table above. A work-for-hire clause is a red flag, not a green one.
- If you do not own it, send one email asking the photographer to file the notice or sign a one-paragraph assignment. Highest-value hour in the week.
- Check the four policy reasons before reaching for the legal route. If "Not a photo or video of the place" fits, use it and stop.
- Only then file the copyright notice, through the legal troubleshooter under Maps and local listings, with the exact image URL.
- Diary fifteen business days after any removal. That is the counter-notice window, and a photo reappearing is a documented outcome, not a glitch.
- Fix the supply. Commission replacements on an assignment clause and upload them yourself, and next time you are in row one of the routes table instead of row three.
That last step compounds. A business that owns its imagery outright can delete, re-upload and enforce without asking anyone.
Most of what sits on your profile is not a copyright problem
It is content that breaches a policy nobody has read against it. Flaggd reads Google's rules against the actual photos and reviews on your profile, picks the ground that fits, and files the evidenced report under it.
Flaggd is our own service. We dispute content that breaches Google policy; we do not remove or suppress content that does not, nobody can guarantee a removal, we do not file copyright notices on your behalf, and nothing here is legal advice. On a question of ownership involving real money, take advice from a copyright lawyer in your jurisdiction.
Frequently asked questions
Who owns photos of my business if I paid a photographer?
The photographer, unless they signed the rights away. The Copyright Office treats whoever shoots the photo as the author and first owner; payment transfers nothing by itself. The exceptions: a photograph taken by your own employee on the job, and a written assignment signed by the photographer under section 204(a).
Does a work-made-for-hire clause give my business the copyright in its photos?
Usually not. Section 101 allows commissioned work to be made for hire only if it falls into one of nine listed categories, and a standalone photograph is not among them. A storefront shot taken for your own marketing fits none of the nine, so the clause has nothing to operate on. What works is an assignment signed by the photographer.
Can I delete a customer's photo from my Google Business Profile?
Not directly. You can delete images the business uploaded; for anyone else's you can only request removal, giving one of four reasons: Privacy concern, Not a photo or video of the place, Spam, or Personal information. Review takes several business days, and repeated requests about the same content slow it down.
How do I report a photo on Google for copyright infringement?
Not through the Business Profile. Use Google's legal reporting troubleshooter: Google Maps, Waze and related products, then Local listings (including business listings), photos, or saved items, then Copyright. It asks for your standing as owner or authorised agent, the exact image URL, a good-faith statement and a sworn declaration.
What happens if I file a copyright notice for a photo I do not own?
Section 512(f) makes anyone who knowingly and materially misrepresents that material is infringing liable for any damages, including costs and attorneys' fees, to the uploader, the real owner or the service provider. Google says the same on its own page. It is not a form to file speculatively.
Can the person who uploaded the photo put it back?
Yes. A counter notice under section 512(g)(3) costs nothing to file, and unless you go to federal court the statute requires the material restored not less than 10 nor more than 14 business days later. The uploader must give a name, address and phone number and consent to federal jurisdiction, which deters casual counter notices but not determined ones.
Do I have to register the photo with the Copyright Office first?
Not to send a takedown notice. You do need registration before suing in federal court over a US work, and the timing of registration decides whether statutory damages and attorneys' fees are available. For a Copyright Claims Board claim an application is enough: the Board says you need only have at least submitted one.
My old photographer uploaded photos of my business to Google and will not remove them. What can I do?
If they shot the images they almost certainly own them, so a copyright notice from you is the wrong tool and a risky one. Check whether a policy reason fits instead, particularly "Not a photo or video of the place" if the images no longer show the business. Otherwise negotiate an assignment, or upload better current photographs of your own and push theirs down the set.