Who owns a digital image?

fred7777

WhiteChristmas wrote: »

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.

Sorry that didn't answer my question.

Likewise the core role I do for my company becomes their IP but according to my understanding of the law any "off piste" work I do for them is also their IP as per the Copyrights designs and patents act 1998 unless we come to a specific agreement otherwise regarding that work before it is created.

So back to my question What legislation or legal judgment are you getting your view from?

WhiteChristmas

fred7777 wrote: »

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

No legislation, no judgement; simply personal experience dealing with one of the most litigious companies on the planet who would surrender their children before their IP.

fred7777 wrote: »

according to my understanding

It's your interpretation against mine, basically. Given the information we have, I think Dug has and even better claim to copyright ownership than I have on the stuff I've done and allowed my company to use.

vax2002

A short sharp lesson in what happens when you do work you dont get paid to do.

neilwoods

Who owns the copyright on photographs?
Under law, it is the photographer who will own copyright on any photos he/she has taken, with the following exceptions:
If the photographer is an employee of the company the photos are taken for, or is an employee of a company instructed to take the photos, the photographer will be acting on behalf of his/her employer, and the company the photographer works for will own the copyright.

So sounds like even though the OP was a driver, the fact he took the photos for the company he worked for to use, then the rights would remain with the company.

Sooler

dug123 wrote: »

Note:- I still control the domain names!

Hand them back, you've chosen to leave the company, you have no interest in this. Why wouldn't you have done ? :think:

DCodd

neilwoods wrote: »

Who owns the copyright on photographs?
Under law, it is the photographer who will own copyright on any photos he/she has taken, with the following exceptions:
If the photographer is an employee of the company the photos are taken for, or is an employee of a company instructed to take the photos, the photographer will be acting on behalf of his/her employer, and the company the photographer works for will own the copyright.

So sounds like even though the OP was a driver, the fact he took the photos for the company he worked for to use, then the rights would remain with the company.

Exactly. It matters not if the OP was paid extra for taking the photographs or not, the fact that he was employed by the Company at that time means that unless there was a written agreement to the contrary, the photos are the property of the Company.

Sorry dug123.

vax2002

It is not the company publishing them, its the company charging £5000 for the website.

DCodd

vax2002 wrote: »

It is not the company publishing them, its the company charging £5000 for the website.

Granted, but the Company who's website it is, owns the Copyright of the photos and let the Company charging the £5k use those photos.

vax2002

If these images were taken outside of normal employment hours then the employer does not own copyright unless he specifically requested that the OP does this work.
Just as your employer does not own copyright to your holiday pictures, or pictures you take on a weekend of whatever activity you engage in, or that picture you painted last sunday.
Just because you work for someone it does not give that someone cart-blanch over your entire life.
If the images were taken in employers time and at the request of his employer they would be copyright of the employer.
However the OP has stated that these images were taken in his own time outside contracted hours of employment using his own equipment in his own premises then copyright to his image work remains his and having a job does not give an employer automatic rights to intellectual property created outside of the conditions of employment.
your employer may be able to claim you offered those images on good will, so you would have to withdraw any consent to good will
You are well within you rights to claim a fee for use of the images once you have stated that you require the company to desist use of your copyrighted material and give them a reasonable amount of time to desist from use of these images.
You can then serve notice on the internet site creator that they must desist from using the work or pay a licensing fee for a rights managed use upon the images.

paddyrg

Send the new web company an invoice for use of the photos - they will take it seriously if you make it clear that you're coming after them, not the original employer, as they won't want to get caught in the middle of a row, so will either change the photos (and use it as an excuse to charge the client more!), or at least represent the problem to the client suggesting they pay to get rid of you.

Don't be unreasonable with your requests though, maybe £50-100 per pic - make it cheaper and easier for them to pay you off than fight it in court.