breal101 wrote in post #14028352
The ASMP agrees with us. Property release in the US is still a gray area of the law. However they do advise to obtain one whenever possible.
Dan Heller does an excellent job of explaining the myths about property releases - http://danheller.blogspot.com …about-model-releases.html (See point 4). Basically you don't need a release unless the "property" involved is a trademark or copyright not a tree or piece of land.
I think that rather than starting a fight it would be better to negotiate with them. Maybe give them non exclusive full usage for an agreed upon term in exchange for the copyright and a property release.
This is actually a bad idea. The OP already owns the copyright and has no need to give them anything in "exchange for the copyright". In fact making the offer could be taken as acceptance that the company has a claim over the copyright or at least a sign of weakness that would encourage the company to push harder.
As a general point I do agree with the posters who say the OP shouldn't piss off their employer but I don't accept that that equals giving in to what is an unreasonable demand. It has been my experience that companies respect well reasoned and professionally made arguments. I have repeatedly refused to sign bad contracts (and those contracts were always amended and I never lost a job over it).
The OP should simply make clear that the image was not taken as part of their employment, it was taken in their own time, on public property, with their own equipment. It is available for licensing for $x for uses to be agreed. If they keep insisting they own the image the OP should just inform them that his lawyer doesn't agree with them and that they should discuss the matter with a qualified IP lawyer.