Heath wrote in post #15861499
For work, I am not required to take good images, I just need to take images that are a record of the project. Snapshots.
What I would like to do is create images that are of a higher standard, for example perspective corrected, and provide them to my company for use for free.
...why would you want to do this? They want snapshots. Give them snapshots. Isn't doing what your company has asked you to do your job? What advantage would your company get from a "higher standard" of image?
But I would also like to be able to use these images for my portfolio.
Thats nice. But if they were taken on company time, according to what you have posted the images rightfully belong to them. So if you want to use them in your portfolio then you have to ask them. But why would you want snapshots in your portfolio?
For example, the majority of our projects are all public. Meaning that anyone could get pictures of them, they do not require any special access. Last night after work, I went to one of the locations and took some photos for the designer of the project (does not work for my company). I would like to provide these images to my company, but I want to maintain copyright so that I can also use them (and give them to the designer).
Why do you want to supply these images to your company? What you write makes no sense. They don't want it. They want snapshots. You are in your own time. Take the shots and give them to the designer. Tell your boss so its clear that you did it in your own time. Whats the problem?
Due to technology, and being an international company, I am never really off. There are no set hours. So how do I prove that I did not take this images under the direction of my company and took them on my own.
If you actually really have an employment contract that says you are never really off work, you have bigger problems than copyright on images. But unless you want to post your employment contract here on a public message board for all to see no one here can answer this question. Go see a lawyer.
My boss has said that he does not want any "artistic" photos, but I do not know what this means.
Well, the simple thing to do would be to ask him.
He said this after I sent him some wide angle (not distorted, just showing the environment) of one of our projects.
You said before that they wanted snapshots. You've given them wide angle environmental portraits. But he wants snapshots. So why are you giving him wide angle environmental portraits?
But even though he did not want any of the photos,
because you keep trying to give him something he doesn't want!
he was pissed off that the photos had my copyright.
And I would be too. He asked you for photos. Your job has supplied you with a tool to take those photos. You've made it clear you have time to take those photos. Yet you chose to take them after hours (even though you claim you are always on the clock) just so you could claim copyright on images you want to give them for free and you took them in a style they have made clear they don't want.
I'll be honest here: your behavior makes no sense. If you were my employee I would be putting you in the "difficult" basket.
The photos were taken off hours, but he had asked me if I had any images, so I sent them to him.
Well next time don't.
For me, I just want some clarity. Either I am giving up any and all rights to my photos or I am not. And I need to know when a photo I take belongs to my company and when it is mine. Is it determined by subject matter or by time it was taken, or what?
If I am walking from one jobsite to another and take a photo (let's say of a dog), does the company own the image because I am required to document my projects?
...I'm not sure why you are confused. Your boss was rightfully pissed that you gave him images taken after hours to which you claimed copyright. But it doesn't look like he tried to claim copyright on those images. Instead he simply chose not to use them. He probably isn't even authorised to licence the images and would have to "throw that up the chain."
The only person making this complicated is you. If you have legal questions about your contract: go pay a lawyer, they will give you a more accurate and faster answer than you will get from this board. Its been five months since you asked here last. You said in November 2012 "I am going to ask for clarification in writing. I figure if it really isn't included then they won't mind putting it in black and white." So what happened when you asked?
My advice to you would be to just do your job. Find other stuff to shoot for your portfolio. Supply the images your boss wants using the tools they have supplied in the time you have been allocated. And if you want legal advice go see an expert.