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15 to 20 years ago I worked for a large nationalised industry and it became part of my job to act as official photographer. I also used this opportunity to take photographs on my own behalf as a record of that industry. This included photos of the buildings, inside and out, and also the social activities that took place. The photographs were taken with the full knowledge of the senior management and with their permission.
The buildings and the industry are no more and the site has recently been developed into a large industrial estate.
I am sure that the photographs that I took at that time could be regarded as a social history and I feel that I should do something with them. There are several hundred photographs in the collection and I wonder how I stand legally if I were to publish the photographs in book form.
I am not out to make any money from the project - if it happens, just to cover any costs incurred.
Have you any thoughts on my position re this proposed project? Are the photographs mine to do as I please?
It's not as straightforward as that. This has been tested in the courts and the general thrust of the decision which is generally acknowledged in copyright matters, is that where the photographer is employed and taking photographs in the course of his/her work, then the photographs by default belong to the employer. Of course, the employer could relinquish that copyright in favour of the photographer and also permit personal photographs to be taken at the same time as those for the employer. However, either situation, if not confirmed in writing, could be difficult for the photographer to prove if a copyright dispute reared its ugly head at a later date.
Even when in someone's employ with a role/ job title of official photographer, presumably with equipment provided by the employer?
I wish it were the same for me with things I write. If I want to exploit the IP I've generated for myself it has to be done in my own time with my own facilities and not use my employer's IP.
"The photographs were taken with the full knowledge of the senior management and with their permission. "
I think that is the kicker.
If he was doing it in his firms time then fair enough, but he says that he had the permission from his company to take the photos for himself.
I am a freelance photographer. 90% of the time I work for myself but on the odd occasion I do paying jobs but on the proviso that I retain copyright of my images.
Rusty
______________________________________________________________ You are there to be shot at!!!
To put this one to bed I consulted my excellent book titled "The Photographer & the Law" Third edition by Don Cassell
On page 45 in a paragraph concerning copyright duration it states "The copyright is owned by the photographer unless he is employed when, unless there is an agreement to the contrary, it is owned by the employer"
I think that clears it up.
Rusty
______________________________________________________________ You are there to be shot at!!!
We're talking about publication of a book. I reckon that's serious enough to tread carefully. Without anything in writing, it looks iffy. Look at it another way, could someone without a model release, rely on an assurance that the model gave the OK, but never got around to putting it in writing?
"The copyright is owned by the photographer unless he is employed when, unless there is an agreement to the contrary, it is owned by the employer"
This is what I suspected to be the case. I do not think that a problem will arise, but obviously I need check to ensure that I have covered this particular issue.
Whilst some of the photographs were taken in my own time, I would think that the majority were taken whilst employed. As to ownership of the photographic equipment, the camera was mine, but the flash equipment was provided by my employer. Some of the environment was specialised to say the least.
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France
