<p>I used to be a pro photographer and still own great equipment. A couple years ago I went to work for a home remodeling contractor as an independent (1099) sales rep. I was paid strictly sales commissions during this year. While making sales, I would follow up on completed projects that the contractor had installed, but that I had sold. I would photograph the completed projects and even get video testimonials from the homeowners saying how awesome I was to work with and that they liked their completed projects. </p>
<p>Later, I was employed formally (W-2) by this contractor as a sales manager. Not as a marketer, not as a photographer, a sales manager who still made sales while running the regional office. I would still photograph and video completed projects showcasing the people and projects that I sold... but usually on my time. </p>
<p>I now no longer work for this contractor and now work for another contractor. Contractor #1 is suing me stating that he owns the photos and videos that I still use to show prospective clients how previous clients have enjoyed working with me. I never signed a work-for-hire agreement of any kind or signed anything that stated that I forfeited the copyright of my images - either when I was 1099 or as a W2.</p>
<p>I'm concerned that images/videos taken while working as a W2 may be considered intellectual property that the contractor can claim as his own - even though most images/videos were taken outside my general work hours or when I was a 1099.</p>
<p>My employment agreement as a sales manager said nothing about photos/videos being considered part of my work duties. This was something I did on my own to further my sales efforts and bring in more business.</p>
<p>I'm actually considering a counter-suit as he is using the images/videos on his website(s) without having paid me for the copyright licensing...</p>
<p>I know I need to speak with a copyright lawyer, but I thought I'd see what the general thoughts/feelings were here. </p>
