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11/28/2007 01:12:53 AM · #1 |
Hi all,
The corporation which I work for would like some pics I've taken of a company event. Whilst I'm assuming it's only for internal newsletters etc. it might well be used differently by regional offices. If I were to include a read me on the CD which I'll burn, is there any form of legal/commonsense text I could use to say I do not grant permission for use in advertising, etc.(as well as the fact that I retain copyright)?
Many thanks for any advice you can provide, I've never been in such a situation :/
Cheers
Noel |
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11/28/2007 01:19:18 AM · #2 |
I'm pretty sure as long as the image is a Copyrighted image under your name, and you bought the copyright; you hold the usage regulations and all. So you make the call and tell them what/where you can use the image.
I think this is how it works. Not 100% sure though sorry. |
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11/28/2007 01:56:56 AM · #3 |
Were you there as a photographer? Did you have a separate agreement that covers photography for the event?
If you were there as an employee, I'm afraid that you don't own the copyright, the company does and they can use the images as they please.
Most companies have, as part of their employment agreement, a document that you probably signed, that gives them the right to any work related intellectual property you might create.
For me, as an engineer, it's mostly looking at patents and inventions, but covering visual work is not unheard of either.
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11/28/2007 03:30:28 AM · #4 |
If this was an official company function, business-related, which you were required to attend, in all likelihood the company already "owns" your work. If it was a company-sponsored, social function (annual picnic, whatever) they may not own the work. In either case you're better off acting like they do, IMO.
R.
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11/28/2007 03:38:34 AM · #5 |
Trust me...employers CAN and WILL demand all Originals and ....copies....or you will be escorted off the site by security guards. Even if the photos were taken with their permission and on your camera and out of hours.
I am talking from experience. |
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11/28/2007 06:10:14 AM · #6 |
| Well that story sounds intersting and you're going to leave it there, hanging in mid air?? |
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11/28/2007 06:16:59 AM · #7 |
Originally posted by Monique64:
Well that story sounds intersting and you're going to leave it there, hanging in mid air?? |
For legal reasons I have to....but I just wanted to put the warning out there that it does and will continue to happen. In Australian law, employers own the copyright to employees images on the premises or in work time...unless you work for a magazine or other like company. |
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11/28/2007 07:41:44 AM · #8 |
This is an interesting thread with serious complications. I faced a similar experience many years ago when copyright law was not as challenging. Nevertheless, my employer was rather keen to secure use of my photographs for some reason.
My course of action was to discuss the situation with them and explore ideas that would meet both of our needs in a polite and positive manner. In the end, I was paid a small sum (paid for a new lens) and one of my images was used on the cover of a package for a new product. This brought me a great deal of credibility and was also used to spawn subsequent work outside of my place of employment. In my mind, it was a fair and equitable compromise that dd not strain the employee / employer relationship.
So, grab a coffee and discuss the situation with them, you never know, it might be a home run for both parties? The legal stuff should be your final option, if it is used at all.
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11/28/2007 09:35:55 AM · #9 |
Thank you all for the feedback, lots of valuable input.
This was at an off-work community day event where I came as volunteer opposed to employee (i.e. fully optional). I didn't sign a waiver although all employees did stating pics of them at this event could be used for whatever, just wasn't anything there for photogs. I definitely don't want to stir up a mess but at the same time I took these pics for the volunteers so that they have their memories, and maybe also for a few internal communications/newsletters, but I have no way of knowing where it will land as these are full-res 300 dpi digital negatives, if you can call them that.
Argh :/ I guess I'll just put in a readme on the disc that says "Copyright [dates] by [author/owner]". This way I will porbably be contacted if it's going beyond internal news?
Thanks again for all the advice! |
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11/28/2007 09:44:37 AM · #10 |
Wouldn't you be MUCH better off asking in advance? No surprises, and you don't have to wonder...
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11/28/2007 10:13:48 AM · #11 |
Originally posted by rossbilly:
Wouldn't you be MUCH better off asking in advance? No surprises, and you don't have to wonder... |
Like said in the original post, no one really knows what happens when it goes to regional and then further (this is a very large organization). |
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11/28/2007 10:20:49 AM · #12 |
Originally posted by Noel_ZH:
Originally posted by rossbilly:
Wouldn't you be MUCH better off asking in advance? No surprises, and you don't have to wonder... |
Like said in the original post, no one really knows what happens when it goes to regional and then further (this is a very large organization). |
Only problem here is that if you give them the images -- then they can and most likely will use them as their own intellectual property. Whether right or wrong, intentional or otherwise -- they have them and can use them.
Then it would fall to you to pursue any legal action, rocking your employment boat, etc. Not a good situation to be in.
I would give them a CD with marked proofs, low-res, reduced size versions and let "whoever" choose which photos they want to use from that. Then you can talk to them about the rights to those photos and the intended market.
If it's internal only, then you could treat it like a family member and just give them for free (with credit noted). But then you're only giving them the full versions of the one or two they really want and protecting yourself in the process.
Plus, if they then use it for other purposes, then you have proof that they deceived you (if you wanted to so pursue it)
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11/28/2007 02:02:34 PM · #13 |
Originally posted by Noel_ZH:
Originally posted by rossbilly:
Wouldn't you be MUCH better off asking in advance? No surprises, and you don't have to wonder... |
Like said in the original post, no one really knows what happens when it goes to regional and then further (this is a very large organization). |
I don't know about the laws where you live, but, as an engineer, while I still receive the patent on any invention I might make, all of the rights to the patent belong with the company. That means that even though my name appears on the actual patent, I, personally, can't license it, sell rights to use it, receive royalties etc. Those rights pertain even to inventions that I might make on my own time. I would imagine that the laws regarding other intellectual property are similar.
In other words, they're probably entitled to use your images in any way they want, regardless of who "owns" the copyright.
Assuming you wish to remain employed and not get sued (and likely lose) over it, you should just give the images to them. That's not to say, you shouldn't seek credit or some other compensation, but if they're serious about and you try to play hardball, you'll probably come out with the short end of the stick and get whacked a few times with the long end. |
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