Company favour or being used?

[Ubergeek]

I am a software engineer for a large uk company, a while back I took some photos of a charity event at the company. They now have a performance on next week during normal working hours which they have asked if I can take some photos for them and "promotional" usage. I don’t feel I can charge as its during normal working hours and they are already pay me to do a job, I am also thinking that they may decide to use me again in the future. Where do I stand are the photos mine or the companies can I use them on my website/blog/Facebook? If this happens again in the future should I charge the company if its during my normal working day (if it was outside of my working hours I obviously would charge) would I need to get a copy of the companies model release if they get one signed or should I use my own etc?

Regards.

[UlpilotSC]

If you are taking pictures during your normal working hours - and the company is paying you to do your regular job, generally the photos belong to the company and no, you can't charge extra. However, you're in a sticky spot since the equipment is yours. It's kind of like being a police officer and they tell you to drive your own car instead of a police car. You shouldn't have to cause your equipment wear and tear.
Although, all that being said, anything you can do to make yourself more valuable to the company is good. If that means taking a few pictures every now and then during your normal working hours, I would accept it. I am becoming the default photographer when my employer wants pictures of other employees doing stuff.
What you do with the photos is up to you. If they are good enough you might want to use them for portfolio building but I wouldn't put them on facebook or flickr. We have a policy in my department - any photo taken on company time, whether with company equipment or your own cell phone camera, belongs to the company, Period.

[Ubergeek]

Thanks for the reply.

I don’t know if its makes much difference but the performance is a solo music performance from a well known musician in their field.

[jamesev]

You're paid to do a job, but not that of a photographer, unless it says so in your job description. Its your equipment that your using, do they provide you with a latop or desktop to carry out your usual day job, isn't this the same, they don't provide you with a camera to do this new part of your job....

some the skills you've gain to do your job as a software engineer have been gain as part of your day job for which the company are paying, have they invested or given you time in your day job to gain photog skills??

I appreciate its a difficult one as it may result in some sort of renumeration at a later date but don't count on it, i've been in the same boat where I have been asked to do some photography, but have declined.

They are getting 'promotional' material from you that might, if they needed to bring in a corporate photog, have cost them around £1500 for a day with the agreement of delivery of say 40 images.

[asoupley]

Is there any way you could take a vacation day when you do the job? This way you would no longer be on company time, but instead an outside contractor taking the photos.

Just a thought...
-Tony

[sabephotos429]

Any work you do during work hours whether with your own equipment, materials, etc., or theirs belongs to them. This is reffered to as shop right, it's a law thats been on the books for centuries and doesn't have to many people begging to take it away because so few know about it. You may want to look into if the UK still has that type of law, because otherwise, regardless of the fact that the camera, lenses, flash, etc. belong to you, the pictures will belong to them.

[sabephotos429]

Sorry - I should have mentioned that that is the law in the US. It's based on ridiculously old laws and has yet to be changed. I would look into the law in the UK to see who owns what, if you have a lawyer friend, I'd recommend asking.

[mshockley]

I agree with the others, you are in kind of a tough position, but at the same time, your "job" is not as a photographer for this company.

My thoughts: could you at the very least get it agreed upon, (in writing would be good) that you have full use of the images for your own marketing purposes to build your portfolio/online presence. If your not getting at least that, it's a bad deal for you.

Camera's do have a life-span, and you have to keep in mind that every click of your shutter is costing you money. Somehow you want to make a return on that. And although you are on company time while actually taking the photo's, I bet you won't be getting paid for your time processing/editing those files?

Also, I would actively start running my mouth about your photography biz. If office gossip is anything like I'm used to, it won't take long for those who would ask you to do this type of job again would understand that you might expect some compensation. $$$$

[Jim Poor]

Without some sort of agreement otherwise, anything you do while on the clock belongs to the company. That said, there is nothing stopping you from asking for an agreement, in writing, that this is not the case.

That's the route I would take.

[Brian Mullins]

Originally Posted by Jim Poor

Without some sort of agreement otherwise, anything you do while on the clock belongs to the company. That said, there is nothing stopping you from asking for an agreement, in writing, that this is not the case.

That's the route I would take.

This! Please check the UK laws but in the states (and I think its the same in the UK), is if you are on the clock for another job and they ask you to take photos, it is considered work for hire and you won't be compensated anything and you will not own the photos.