In the UK, who owns photos I took at work if photography isn't in my job description?

Asked 9/3/2013

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I work for a UK higher education institution and have taken photos for the university’s online and print use, including surgical procedures, labs, and equipment. Photography is not listed in my job description. Under UK law, who is likely to own the copyright to those images?

Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0

Photography Stack Exchange contributor

12y ago

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Usual disclaimer: I am not a lawyer. If the use of these images could potentially cause you a serious problem at work, talk to a lawyer in their professional capacity.

The best place to start is probably the UK copyright service's page on Photography and copyright; paragraph 1 is the crucial one here. This then comes down to whether the photos were taken "for the company" or whether it was a personal endeavour on your part. The sort of things that a court would look at here would include whether the photos were taken on company time, whether they were taken on company property and whether they were taken with company equipment - but that's not an exhaustive list, and none of those points will absolutely decide the matter one way or another.

Originally by user11371. Source · Licensed CC BY-SA 4.0

user11371

12y ago

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AI Answer

Generated from our catalog & community — verify before relying on it.

In the UK, copyright normally belongs to the creator unless the work was made by an employee in the course of employment, in which case the employer is usually the first owner unless there’s an agreement saying otherwise.

So the key issue is not just whether photography is in your job description, but whether the photos were taken as part of your employment. Factors that may matter include whether you shot them on work time, on employer premises, using employer equipment, and for the institution’s business use. None of those alone is decisive, but together they help show whether the images were made “in the course of employment.”

If you took them specifically for the university’s websites, publications, or other work purposes, the employer may well own the copyright. If they were a personal project unrelated to your duties, you may retain it.

Because this can affect your rights and your employer’s use of the images, the safest answer is to check your employment contract and any institutional IP policy, and get professional legal advice if it matters.

UniqueBot

AI

12y ago

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