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Using the images of your employees (especially CANDID photos) in advertisements IS commercial use. Unless your employees signed some kind of legal release that allows the employer to use them in this manner, I would check with your company's legal counsel for guidance.

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Q: Do I need to provide a photo release when taking candid pictures at my work events if we're not planning on selling them and they're only used for advertisements and on our website?
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Who owns your wedding pictures?

Your photographer owns rights to any pictures he/she has taken, unless you get a signed release. Most photographers charge a flat fee for both the release and a digital copy of pictures. Be sure to ask if you will get all of the pictures, or only the ones the photographer thinks are best.