Approve the Cookies
This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies. Read More.
OK
Index  •   • New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear  •   • Reviews
New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear  •   • Reviews
Register to forums    Log in

 
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography
Thread started 28 Jun 2016 (Tuesday) 20:55
Prev/next
sponsored links
(this ad will go away when you log in as registered member)

Who holds the copyright?

 
MazziePF
Hatchling
3 posts
Joined Jun 2016
Post has been edited over 1 year ago by MazziePF.
Jun 28, 2016 20:55 |  #1

THANKS TO EVERYONE WHO TOOK THE TIME TO REPLY, PARTICULARLY DUCK WHO HIT THE NAIL ON THE HEAD! LESSON LEARNT FOR FUTURE PROJECTS THAT DON'T FORM PART OF MY 'REAL JOB'.

Hi there, hope you can advise... I work for a residential college as an Executive Office Manager. I started taking photographs of our residents as a creative
outlet, I was inspired by HONY and they in turn became an obvious marketing tool for the college. The images have been used in press adverts, newsletters, Facebook, website etc etc!
I don't have any photography clause in my job description and I'm thinking about when I eventually leave, are they my images or the colleges? Thank you!




LOG IN TO REPLY
sponsored links
(this ad will go away when you log in as registered member)
Scatterbrained
Cream of the Crop
Scatterbrained's Avatar
Joined Jan 2010
Chula Vista, CA
Jun 28, 2016 21:06 |  #2

I'm going to go with "yours", barring any signing over of copyright.


VanillaImaging.com (external link)"Vacuous images for the Vapid consumer"
500px (external link)
flickr (external link)
1x (external link)
instagram (external link)

LOG IN TO REPLY
Alveric
Goldmember
Alveric's Avatar
Joined Jan 2011
Canada
Jun 28, 2016 21:18 |  #3

Whoever activates the shutter release button owns the copyright, until he transfers it.


'The success of the second-rate is deplorable in itself; but it is more deplorable in that it very often obscures the genuine masterpiece. If the crowd runs after the false, it must neglect the true.' —Arthur Machen
Why 'The Histogram' Sux (external link)

LOG IN TO REPLY
MazziePF
THREAD ­ STARTER
Hatchling
3 posts
Joined Jun 2016
Jun 28, 2016 21:27 as a reply to Scatterbrained's post |  #4

Thanks, I hope so. Have you come across a similar issue?




LOG IN TO REPLY
-Duck-
my head is usually in the way
-Duck-'s Avatar
Joined Apr 2016
Shelton, CT USA
Jun 28, 2016 21:58 |  #5

As you have mentioned there is no photography clause as a stipulation to your employment at the college the images, therefore, belong to you. Lock, stock and barrel.

The question is not about ownership but permission to use. I would assume they came to use them through a verbal request. That's usually how it starts; "hey, these are good. Do you mind if we use them for such and such?" Which you probably gave consent without thought. Why not, it's rather flattering.

By prior arrangement, they already have the right to use the images. You gave it to them and they can point to past publications as proof. Chalk that up to experience. At this point you have to decide on how you want to proceed from this point forward with any additional usage of those images and any new ones you produce. This can be a tricky spot for you because prior consent makes them assume you'll continue to cooperate. If you switch and expect compensation (which is within your right) they may take offense, citing past donations.

At this point it becomes a matter of what you are willing to live with. If you don't need to be compensated and like the idea of your images gracing their publications then keep things as is. No harm, no foul. If you want to earn a little side cash for your efforts then sit down and renegotiate your agreement and write up a new licensing proposal. It doesn't need to be fancy, just something both you and the college can agree upon.

If none of that matters and your only concern is about ownership, rest assured, you own the images. Prior use in their publications does not transfer ownership to the college. However, without a proper licensing agreement they can use those images as they like.

Hope this answers some questions.


"If you didn't learn something new today, you wasted a day."
Unitas Photoraphy (external link)Meetup (external link)Blog (external link)Facebook (external link)Flickr (external link)500px (external link)

LOG IN TO REPLY
PhotosGuy
Moderator
PhotosGuy's Avatar
74,864 posts
Gallery: 7 photos
Joined Feb 2004
Middle of Michigan
Jun 28, 2016 22:03 |  #6

I think that you should take a look at your original employment contract.
The short answer is in: Corporate Photography - USA


FrankC - 20D, RAW, Manual everything...
Classic Carz, Racing, Air Show, Flowers.
Find the light... A few Car Lighting Tips, and MOVE YOUR FEET!
Have you thought about making your own book? // Need an exposure crutch?
New Image Size Limits: Image must not exceed 1280 pixels on any side.

LOG IN TO REPLY
-Duck-
my head is usually in the way
-Duck-'s Avatar
Joined Apr 2016
Shelton, CT USA
Jun 28, 2016 22:08 |  #7

PhotosGuy wrote in post #18052839 (external link)
I think that you should take a look at your original employment contract.
The short answer is in: Corporate Photography - USA

That's well and good, but the OP was not hired as a photographer but as an Executive Office Manager. Unless the employer specifically includes language about ownership of photographs in the hiring contract (which I highly doubt) work for hire photography does not apply in this case.


"If you didn't learn something new today, you wasted a day."
Unitas Photoraphy (external link)Meetup (external link)Blog (external link)Facebook (external link)Flickr (external link)500px (external link)

LOG IN TO REPLY
PhotosGuy
Moderator
PhotosGuy's Avatar
74,864 posts
Gallery: 7 photos
Joined Feb 2004
Middle of Michigan
Post has been edited over 1 year ago by PhotosGuy.
Jun 28, 2016 22:14 |  #8

-Duck- wrote in post #18052844 (external link)
That's well and good, but the OP was not hired as a photographer but as an Executive Office Manager. Unless the employer specifically includes language about ownership of photographs in the hiring contract (which I highly doubt) work for hire photography does not apply in this case.

Maybe, maybe not. If the employee signed a intellectual property rights agreement, it's possible that the lawyers will bleed you dry while you fight the definition of " intellectual property". He needs to read his contract.


FrankC - 20D, RAW, Manual everything...
Classic Carz, Racing, Air Show, Flowers.
Find the light... A few Car Lighting Tips, and MOVE YOUR FEET!
Have you thought about making your own book? // Need an exposure crutch?
New Image Size Limits: Image must not exceed 1280 pixels on any side.

LOG IN TO REPLY
MazziePF
THREAD ­ STARTER
Hatchling
3 posts
Joined Jun 2016
Jun 28, 2016 22:19 as a reply to -Duck-'s post |  #9

Thank you Duck, true what you have said about my situation and really useful information. The College (Not for Profit) doesn't have the funds to compensate me but perhaps I could insist on a photography credit when images are used going forward. Thanks again.




LOG IN TO REPLY
-Duck-
my head is usually in the way
-Duck-'s Avatar
Joined Apr 2016
Shelton, CT USA
Jun 28, 2016 22:29 |  #10

PhotosGuy wrote in post #18052847 (external link)
Maybe, maybe not. If the employee signed a intellectual property rights agreement, it's possible that the lawyers will bleed you dry while you fight the definition of " intellectual property". He needs to read his contract.

True, just on good measure a fresh look at the employment contract wouldn't hurt. I just can't see a college including one for a secretary, er, Executive Office Manager. Stranger things have happened.

However, the OP has stated there is no photography clause in the job description and the photos originated from a creative outlet project indicating it was a private endeavor. If that is the case there would be no 'ifs'.


"If you didn't learn something new today, you wasted a day."
Unitas Photoraphy (external link)Meetup (external link)Blog (external link)Facebook (external link)Flickr (external link)500px (external link)

LOG IN TO REPLY
-Duck-
my head is usually in the way
-Duck-'s Avatar
Joined Apr 2016
Shelton, CT USA
Jun 28, 2016 22:35 |  #11

MazziePF wrote in post #18052852 (external link)
Thank you Duck, true what you have said about my situation and really useful information. The College (Not for Profit) doesn't have the funds to compensate me but perhaps I could insist on a photography credit when images are used going forward. Thanks again.

Definitely get credit. You never know what that can lead to. If nothing else, it's great for your tear sheets.


"If you didn't learn something new today, you wasted a day."
Unitas Photoraphy (external link)Meetup (external link)Blog (external link)Facebook (external link)Flickr (external link)500px (external link)

LOG IN TO REPLY
PhotosGuy
Moderator
PhotosGuy's Avatar
74,864 posts
Gallery: 7 photos
Joined Feb 2004
Middle of Michigan
Jun 28, 2016 23:30 |  #12

I don't think that you can equate a job description with an employment contract? Only by reading it can you know.


FrankC - 20D, RAW, Manual everything...
Classic Carz, Racing, Air Show, Flowers.
Find the light... A few Car Lighting Tips, and MOVE YOUR FEET!
Have you thought about making your own book? // Need an exposure crutch?
New Image Size Limits: Image must not exceed 1280 pixels on any side.

LOG IN TO REPLY
-Duck-
my head is usually in the way
-Duck-'s Avatar
Joined Apr 2016
Shelton, CT USA
Jun 29, 2016 09:45 |  #13

PhotosGuy wrote in post #18052893 (external link)
I don't think that you can equate a job description with an employment contract? Only by reading it can you know.

True, but not all jobs have an employment contract.


"If you didn't learn something new today, you wasted a day."
Unitas Photoraphy (external link)Meetup (external link)Blog (external link)Facebook (external link)Flickr (external link)500px (external link)

LOG IN TO REPLY
Nathan
So boring
Nathan's Avatar
Joined Aug 2007
Boston
Post has been last edited over 1 year ago by Nathan. 2 edits done in total.
Jun 30, 2016 08:51 |  #14

MazziePF wrote in post #18052852 (external link)
The College (Not for Profit) doesn't have the funds to compensate me....

Just FYI, some nonprofits have very deep pockets. Don't let the institution's tax status (think universities, hospitals, large charitable foundations) prevent you from asking for compensation. Maybe not in this situation, but keep that in mind in the future.


Taking photos with a fancy camera does not make me a photographer.
www.nathantpham.com (external link) | Boston POTN Flickr (external link) |
5D3 x2 | 16-35L II | 35 L | 50L | 85L II | 135L | 580 EX II x2

LOG IN TO REPLY
benji25
Senior Member
benji25's Avatar
Joined Jan 2010
Twin Cities
Jul 11, 2016 17:18 |  #15

-Duck- wrote in post #18053199 (external link)
True, but not all jobs have an employment contract.

It doesn't have to be in a contract. I work for one of the large banks of the country and every year we have to signed a code of conduct. Part of that code says that if you do not notify the company of side businesses or inventions in a timely manner that they may have claim to them. I am not sure how well that would hold up in court or anything but make sure you review anything you sign for a clause that talks about creations in relation to your employer.


Websiteexternal link
flickrexternal link

LOG IN TO REPLY
sponsored links
(this ad will go away when you log in as registered member)

3,536 views & 5 likes for this thread
Who holds the copyright?
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography


Not a member yet? Click here to register to the forums.
Registered members get all the features: search, following threads, own gear list and ratings, likes, more forums, private messaging, thread follow, notifications, own gallery, settings, view hosted photos, own reviews and more...


AAA

Send feedback to staff    •   Jump to forum...    •   Rules    •   Index    •   New posts    •   RTAT    •   'Best of'    •   Gallery    •   Gear    •   Reviews    •   Polls

COOKIES DISCLAIMER: This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies. Privacy policy and cookie usage info.

POWERED BY AMASS 1.4version 1.4
made in Finland
by Pekka Saarinen
for photography-on-the.net
Spent 0.00132 for 6 database queries.
PAGE COMPLETED IN 0.03s
Latest registered member is Ishani
773 guests, 326 members online
Simultaneous users record so far is 6430, that happened on Dec 03, 2017