Work done as an employee is the employer's. The situation can get complicated, but this one doesn't sound complicated.
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Refurb7 said:Work done as an employee is the employer's. The situation can get complicated, but this one doesn't sound complicated.
+1 The OP needs to explain 'why' the concern over copyright ownership. For any work the OP did that was externally published by the company simple tear sheets and/or actual copies of brochures, annual reports, etc. are expected examples of prior work done. In addition to copyright, to re-sell such work would also require model releases/property releases which likely the OP does not have (if they exist the company would have them). If everything the OP did was strictly for internal company use it would be considered proprietary. Then the OP would have to negotiate some agreement to even show as part of his portfolio.unfocused said:Thinking a bit more about this, I want to add a clarification (stipulating that solid legal advice is always better than internet legal advice).
The OP has raised the issue of copyright. That seems to imply that he intends to re-sell or otherwise profit from the work he did for his employer. I don't see any way that that will end well for him if that is his intent.
That said, though, if what the OP really wants to know is if he can show his work as examples of the kind of work he is capable of, I would modify my advice.
I've spent all my career working in journalism, public information and public relations. It is common and accepted practice for creatives (writers, photographers, editors, artists, etc.) to show prospective employers or customers samples of the work they have done for other employers or clients.
Having interviewed and hired a great many people over the years, I have always asked to see examples of their work and they always had examples to show. In fact, in the old days, it was common for reporters and photographers to collect a dozen or so "tear sheets" of their best work to save for later use in their portfolios. I've never heard of a publisher ever objecting to this.
If the OP is simply wanting to be able to show samples of his work to prospective employers or clients, I can't imagine anyone objecting. Although, if he wants to post the images on a personal portfolio website, I would recommend getting permission of his employers since that could constitute "publishing" which is different than simply including examples with your resume.
If he intends to profit from the images, that is an entirely different matter and, as other have pointed out, frankly isn't worth the hassle and damage to his reputation, regardless of any legal rights.
Maybe - if you are NOT satisfied with the outcome of the lawyer/company conversation about the copyright - you will suffer a "damage" in your equipment and the company will have to provide you everything necessary for a future photo assignment...unfocused said:LDS said:kaptainkatsu said:all work done with 100% my kit.
Unluckily, that usually has little or no value.
Plus there is this additional wrinkle:
kaptainkatsu said:They have never compensated me beyond my normal pay...and have paid for all my equipment.
Mikehit said:Refurb7 said:Work done as an employee is the employer's. The situation can get complicated, but this one doesn't sound complicated.
But how does that affect copyright (which was the original question)?
As I understand it in US, if an employee develops a patentable product developed while in employment the patent sometimes rests with the employee, sometimes not depending on terms of contract and what the employee's primary role in the company is. I can see the same thing here.
Without knowing the details of this particular case, the company can ask 'we want a picture that shows we are a happy bunch to work with so please design and shoot a photo session' or they could ask 'can you take a picture of this bunch of people to show what a wonderful group we are'. They are different levels of input that could swing it either way.
Orangutan said:kaptainkatsu said:Talk to a lawyer -- never take legal advice from people on the Internet.
- That is the best advise.
- My personal view is your company will own all the right to the photos
- You were using equipment paid by them
- You were editing photos during work hours (w2)
- Check your work contract. There (might) be words in there that suggest, anything that you created, invent, produce is property of the company
just my 0.02 again. Go find professional