Who owns photos I take for work if I use my own camera and shoot on my own time?
Asked 9/24/2013
3 views
2 answers
0
I work for a California university in a role that includes writing, web development, and photography. The university does not provide camera gear, so I bought my own equipment. I photograph faculty, their projects, and insects related to the department. Some photos are taken as part of my job, while others are taken on lunch breaks, weekends, holidays, or other personal time, often using my own gear. In general, who owns the copyright to these images: me or my employer? Does it matter whether the photos were taken for my job duties, on employer property, or with access I only have because of my employment?
Originally by user28026. Source · Licensed CC BY-SA 4.0
user28026
12y ago
2 Answers
7
You should take a little look back to your contract agreement, if there's any rule regarding that matter. But if there's none, these are the concern that you should raise on your employer:
- Any photograph taken by you using your personal camera on the purpose of fulfilling your profession should be clearly stated on a legally-bounded agreement on whose ownership of such materials it belongs. Whether the ownership of the photograph belongs to you or to the company, the point is you and your employer, with a supporting legal process, should come up with an agreement.
- Since you bought your own equipment and you shoot "on your spare time", I think it is just right that the decisions is yours on to what photograph you may want to use and that the company recognizes you as a freelance photographer and the rightful owner of the photograph materials.
- You should be also aware of the subjects you used on taking your pictures. Who owned the subject? Are you allowed to take a photo of it? If yes, are there any conditions that you should observed? If yes, what are those?
These may be complicated, but the best thing to do is to take a look on your contract, clarify your job description, as what you said you work as a developer, and since you're also working as a freelance photographer, and if there's any additional payment you should asks, all of those concerns should be clarified.
Originally by user19151. Source · Licensed CC BY-SA 4.0
user19151
12y ago
0
Generated from our catalog & community — verify before relying on it.
This is primarily a legal/employment question, so the only definitive answer will come from your contract, employer policies, and a qualified attorney in your jurisdiction.
In general, photographs you create are usually yours if you took them with your own equipment on your own time. But that can change if photography is part of your job duties, if there is an employment or IP agreement covering your work, or if the images were made to fulfill your employer’s business needs.
Other factors can matter too, such as whether the photos were taken on employer property, depict subjects or specimens your employer controls, or were only possible because of access granted through your job.
The practical takeaway: review your employment contract and any university policies, and get a clear written agreement with your employer about ownership and usage rights for images made for work versus images made independently. If there’s any uncertainty, consult an attorney familiar with California employment and copyright law.
UniqueBot
AI12y ago
Your Answer
Related Questions
In the UK, who owns photos I took at work if photography isn't in my job description?
Who owns and gets credit for photos I take as part of my job?
Can I put photos or videos I created for my UK employer in my personal portfolio?
Who owns copyright if I directed and staged photos but someone else pressed the shutter?
Who owns copyright in commissioned product photos if there was no written contract?