5 things to know about copyright

[m.c.adams]

Heres a good quick piece on copyright that I think explains it well.

5 Things You Should Know About Photo Copyrights - Digital Photo Tips and More on PopPhoto.com

Mark

[Woody]

Thanks M.C.- interesting article.

I have a dilema and I don't know how I will go under Australian Law.

I use my camera for work. I take a LOT of photos of construction projects I'm involved with. I recently had one of my colleagues try to tell me what to do with some photos I had taken and put on the work's server. (he wanted me to rename and tag the photos and forward them to him in another state, create separate folders and generally act as a librarian for the photo gallery.) My response was that although I recognised that I took the photos in my employers time, the copyright vests with ME and I can do what I want with MY photos. Its my camera($3500.00 worth of gear), my post processing skills and my expertise that has taken the photos and generously allowed my employer to use. Anyone in my company can get network access to the photos.

Am I being unreasonable? How do I stand in law?

Cheers,

John W

[FrankLamont]

Woody: if you are on private property, and the owner of the property says you cannot take, you cannot take. If they say you can only take in return for the photos, that's the only way. If you are on the street (or a public place) and take, then you can take regardless of what they say.

[Woody]

Thanks Fried,

Its not a permissions issue that I'm faced with, its an ownership issue.

Does my employer own the copyright on the photos that I have taken with my gear etc. or isit vested in the photographer, ME.

Cheers,

John W.

[FrankLamont]

Well, consider if

a) you have permission
b) you have been contracted specifically (being paid for, ie) to take photos

If a) yes, and b) no, then it's yours. Even if b) is yes -- well, depends on the contract.

[DogHeadGod]

If your employer asked you to take the photos and you agreed then they own them. If they didn't then they are yours. But this means you were using company time, which could be a disciplinary matter, in which case it may be smart to play ball.

edit-- "I use my camera for work" implies they own the images.

DHG

[RustySterling]

Originally Posted by Woody

Thanks Fried,

Its not a permissions issue that I'm faced with, its an ownership issue.

Does my employer own the copyright on the photos that I have taken with my gear etc. or isit vested in the photographer, ME.

Cheers,

John W.

I don't know about Australia, but in the U.S. if you are hired to create the work then whoever hired you owns the rights and not you. The work for hire issue has tripped a number of people. Here's an example, if you are hired by a recording studio to write a song for an artist then the studio owns all rights to the song. (I use that example because a friend of mine was in exactly that position recently and was very disappointed that he lost all of his royalty rights because he was hired specifically to write the song.)

[candleman]

Originally Posted by Woody

Thanks M.C.- interesting article.

I have a dilema and I don't know how I will go under Australian Law.

I use my camera for work. I take a LOT of photos of construction projects I'm involved with. I recently had one of my colleagues try to tell me what to do with some photos I had taken and put on the work's server. (he wanted me to rename and tag the photos and forward them to him in another state, create separate folders and generally act as a librarian for the photo gallery.) My response was that although I recognised that I took the photos in my employers time, the copyright vests with ME and I can do what I want with MY photos. Its my camera($3500.00 worth of gear), my post processing skills and my expertise that has taken the photos and generously allowed my employer to use. Anyone in my company can get network access to the photos.

Am I being unreasonable? How do I stand in law?

Cheers,

John W

wow you're generous

i would make them eithe rbuy their own equipment and ask for a payrise.. or negotiate a rate for "rental" of your gaer (throw in a comment about shutter life and replacement costs and whatnot)

i know as a draftsman anythign i design or do whilst on the job is intelectual property of the company... you are their employee.. so they may have you there.. its possible that under your employment contract they own the images, because you did it on company time under verbal agreement.
you havnt had a formal contract in place saying otherwise..


definatley make them pay you for use of your gear.
i could easily do coprorate portraits for my company, and all the promotional landscapes of the stuff we have built.
i dont, and i let them hire professionals,

1. because i'm not paid for that. thay pay me crap as an draftsman.. so thats what they get.. drafting.
if its not in my job description i dont do it.

2. it keeps other photographers in a job (even if i think their portrais are crud )

[Woody]

Thank you every one.

I work as a product manager for a civil engineering supply company, so photography is not specifically in my job description. I take photos of all projects I'm involved in and do that off my own bat. I do not deny my employer having copies of the photos. I just object to some in the company (not my superiors) telling me what and how to deal with the photos.

You are correct, I'll just push far enough to not get into too much strife. I piss some off by saving as RAW and Jpeg at around 5mb, they think 140kb is a big file.

Cheers,

from Sydney

John W.