When a photographer leaves

What are the copyright laws regarding the ownership of an image that was

produced while representing a company? At the studio I work for (I do the

post-processing) our lead in-studio photographer has just announced that she is

leaving and branching off and is in the process of opening her own studio. We

are curious as to what images she will be using for her display in her

storefront, as for the past several years she has shot all but one wedding while

representing our company. The owner is extremely concerned about the

photographer using the same images that this studio shows on the walls and in

albums. The photographer has shot a majority of the studio's display images,

but as an employee, not a contractor. Also, what are the copyright laws

regarding design, as all the Digital Album designs are original designs I have

personally created. Is she allowed to use these? Please give us some

input.....this has all just unexpectedly happened today, and we want to make

sure that we have our images and work protected.

If you purchase tires today for the automobile or truck you plan on buying tomorrow, you have a good idea of what happens in your situation.

 

 

 

 

The studio owner should have had a signed 'agreement' when the deparing photographer was hired. Ideally, the studio would (on paper, in writing) own the copyright for all work created by a person working for the studio, company, or owner.

 

 

 

As for the 'Digital Album' designs, you or the studio owner own the copyright. Unless the outgoing photographer has a agreement that states otherwise.

 

 

 

 

...but in all fairness, your 'employer' needs to seed the advice of a good attorney. [Legal fees are tax deductions.]

Said photographer is/was an employee? The employer owns everything. But like the previous poster said - contact a lawyer.

<I>Said photographer is/was an employee? The employer owns everything.</I><P>My

understanding of this is: not necessarily. It depends on the contract between employer and

employee. <P>Does the ex employee have copies of the work he or she shot while working

for your company? If that is the case, you have to ask why they have possesion of property

belongingto someone else. Does that photographer alos possess copies of the marketing

information and client contactt leists your studio uses as well?<P>

A good idea might be to go ahead and retroactively register the copyrights on all of the

photographs and album designs your studio has produced. Joining PPA isn't a bad idea

either.

Sounds like you may be better off just negotiating with the photographer. I mean if she has

been there a while and is leaving not due to any arguments or whatever then surely this can

be sorted out in a friendly manner ?

Here's an update:

The owner and I have no idea of what the photog is capable of or is going to do. The owner did contact her and she said she has every intention on using photographs that she took while working for our company, arguing that they are her images since she was the photographer. I was able to locate a copyright site online stating otherwise, if the photographer was an employee, the employer is considered the author.

 

Using the images would not be as bad, we specialize in weddings, and most of our clients book with us not only on our quality of photography, but our digital album design as well. I am currently seeking my bachelor's in graphic design (I've found out most studios in my general area do not have trained designers doing that work) and I have created my own style, more of a graphic nature, but definately unique in comparison of most photographers I have seen at trade shows.

My employer and I are more worried that she will be showing my designs and passing them off as hers....we have caught her recently taking credit for the design while delivering the product to the customer.

 

The photographer has been a friend of the owner's for over ten years. I have been working with them both for six. The owner is a very trusting person, and has never thought that any of our photographers would ever "steal" the images belonging to the studio. Our other photographers have asked permission to use some images for a personal portfolio, but nothing that would be displayed in public or for business. We would like to think that everyone will come out of this with no hard feelings, but the photographer is a very manipulative person. She wants what she wants, and cares nothing about the consequenses of obtaining it. The owner changed the locks on the doors last night, after the photog came in and started laying claim on studio props that she assumed, but could not explicitly remember buying, were hers. She did not turn in her key, and told the owner that she would just let herself in later that night to pick up the rest of her things.

 

My point in all this is that the relationship is going downhill fast, and we want to protect the integrity of the business. There are no written agreements, so we're making sure all bases are covered.

"we want to protect the integrity of the business. There are no written agreements, so we're making sure all bases are covered."

 

The solution...

 

The owner hires a qualified attorney to file for an injunction (a court ruling forbidding someone's conduct), commence negotiations,

and/or seek some other desirable remedy. Right now.

 

They should also have an employment contract drafted for future use.

I'm no lawyer either but the Copyright Act (at least in the UK) states that work done by employees of a company (eg your photographer) belongs to the employing company UNLESS THERE IS AN AGREEMENT TO THE CONTRARY. US copyright laws will be similar.

 

Where you might like to start from is the invoice for work submitted to the client - is it a contract between the customer and your company OR a contract between the customer and your photographer. If its the former then you have lots of sharp teeth to bite with. If its the latter then kiss the work goodbye.

 

What does the employees contract say?

What is the copyright act in the USA saying?

What is a proper lawyer saying?

 

Keep any communication with this person from now on restricted to written verifiable documents, preferably from your lawyer.