Who owns a digital image?

dug123

I am afraid this is quite a long story but I will keep it as short as possible. A few years ago I started work for a company (as a driver) which had a very poor website with poor images etc which they paid a lot of money for. I made a new website for them and I also spent a lot of time taking images of their products.
I used my own cameras and tripod etc and used my own software to "enhance" the images and create a website etc. I always did everything in my own time and never ever received any payment for the work. I usually carried it all out in the evenings and weekends and holidays.
My reasoning was that if they had a nice website there was more chance of more work for the company and therefore more chance that I would remain in a job. They paid for webhosting (£80 ish per year) and for the domain names (£6 ish per year) and nothing for me.
I have now left the comapny and they have employed a company to make a new website (paying approx £5,000!!). They did this behind my back and never offered to let me continue which does annoy me.
Anyway, the website is now up and running in a small way, but the images being used are mine, I have always believed that the content of the website is the most important thing about it and it is my content.
I want to know am I in the right to ask them to either remove my images or pay for them?
Over the years I have put a LOT of time, money and effort into these images and I am not happy to give them away.

Note:- I still control the domain names!

WhiteChristmas

Yes, you are the copyright holder unless you specifically signed it away. They are NOT in the public domain if you say they are not. Send them an invoice; if they dispute it, then you can insist on removal.

By "control", do you mean you've got the password to the forwarding account? If the company has been paying for the domain name then they own it and will be within their rights to prosecute if you indulge in any shenanigans (tempting though it may be)!

santer_2

Have noted about you doing it outside of work hours, are you able to show that?

" In general, the copyright to creative works produced by employees in performance of their duties belongs to the employer."

http://www.theegglestongroup.com/writing/who_ownsit.php

Having control of the domain names could encourage them to either pay for the use of the images, or change them

[Deleted User]

Firstly - why should they inform you they are making a new website, once you've left?

Online content is very hard to pin ownership on. I assume you never put 'copyright dug123' on any of the images?

Personally, i'd ask them to take down the images from their new website. There's a chance that since you were an employee, the 'IP' (photos) are owned by the company anyway and you don't have a leg to stand on.

As a 'web designer' you need to learn to let go. Websites come and go. You won't always be the one maintaining them.

Since they paid for the domain name (and you were an employee), i believe the domain may also be 'owned' by the firm (even if you have your name against it)

BTW - you really should have insisted on getting paid for this work at the time

fred7777

dug123 wrote: »

I want to know am I in the right to ask them to either remove my images or pay for them?

Perhaps you are morally in the right but realistically there is very little you could do now. As you took the pictures and put them on the original website when you were employed by the company you would have a difficult legal battle proving you owned the pictures. The company could easily argue that you took them whilst they were paying you to work for them and therefore they own them. The fact that you took them whilst working on unpaid overtime is very nice of you but not relevant.

dug123 wrote: »

Over the years I have put a LOT of time, money and effort into these images and I am not happy to give them away.

Unfortunately you probably already have, the best time to stake a claim to copyright is before you create the work.

fred7777

WhiteChristmas wrote: »

Yes, you are the copyright holder unless you specifically signed it away.

But he did specifically sign it away when he agreed to work for the company, the relevant bit of law is:

Section 11(2) of the Copyrights Designs and Patents Act 1998 reads:

Where a literary, dramatic, musical or artistic work is made by an employee in the course of his employment, his employer is the first owner of any copyright in the work subject to any agreement to the contrary.

WhiteChristmas

If he had been employed as a web designer or a photographer then the company would, as you say, have a case, but he was a driver.

If they want to claim copyright then it is their responsibility to prove that building their website was part of his role profile.

fred7777

WhiteChristmas wrote: »

If he had been employed as a web designer or a photographer then the company would, as you say, have a case, but he was a driver.

If they want to claim copyright then it is their responsibility to prove that building their website was part of his role profile.

What legislation or legal judgment are you getting this view from?

The copyright designs and patents act makes no distinction for type of employment and therefore covers the IP of all employees regardless of their role.

Furthermore many contracts also have catch all clauses which would be relevant here either covering IP or defining a role as including for example "any other duties as maybe necessary".

dug123

Hi, Thanks for your replies, first off I would say that I know that they own their domain names and there would be no shennanigans.
I was employed as a driver and my job description was exactly what you would expect, I was supplied a company mobile phone and if there was ever any damage to a delivery I would take a picture with my phone and give that to the company. My camera was too expensive to carry around in a van all day and very rarely accompanied me anywhere.
I have no objection to them using anyone to create a website (I welcome it) but I do object to my images being used.
I was certainly not expected to or paid to provide any images or computer work for the company

santer_2

I would ask them what their view is, maybe worth mentioning to them that since they have paid someone else in the region of £5000 they could make you an offer for the use of the images, as their availability has saved them having to pay more for the other person to provide some

WhiteChristmas

Fred, the core role work I do for my company becomes their IP, but any "off-piste" stuff - photography etc - remains my own in all circumstances except where specifically stated otherwise. That would be shots taken in restricted areas or which might contain sensitive information. Even when stuff is published internally it is credited appropriately.

This is a cut-throat multinational; if they could claim patent on the air I breathe on their premises, they would.

Companies love it when we start negotiations assuming they'll come out on top.