Intellectual Copyright

[scdan4]

A quick question.

If I take photos of work, whilst at work, for work who owns the copyright for said photos? (Nothing in employment contract about it, no separate contract)

Does it matter if I use their camera, or my own iphone camera?

Would it change anything if there was a camera supplied for this use that I chose not to use in preference of my own? (I.e. their camera their copyright, my camera my copyright.)

Thanks

[Mojooo]

I believe there is something in the copyright legislation that says anything done for work becomes copyright of the employer. Regardless of work t and cs.

[tog]

Essentially, if you are an employee and take photos in the course of your employment, the employer owns all the rights. If photography is not what you were employed to do you might be able to argue it, but in practice there is probably a clause in the contract about "being requested to undertake other duties from time to time", etc. A generous employer might acknowledge that photography is not your job and pay you instead of engaging an outside freelance. Whose camera you use makes no difference to who owns the rights in the created work, but if you provide the gear make sure you know who is going to pay if it gets broken.

[Craikeybaby]

The way I see this is that when I'm taking photos from work the copyright lies with my employer - I also have a separate Lightroom catalog for work stuff. I use my own gear because I know it will give higher quality results.

[kybo]

But what's the big difference?

E.G. I work for a Software company (in the Support department), based in a nice hall. I take some photos of said hall for their website - who owns the copyright?

I'm employed by a happy couple to shoot their wedding. Unless contracted I own the copyright?

So, do work own them because you've not been drafted in as a photographer, even though it's not what you're paid to do? What if they want you to do it outside contracted hours? Does it depend on what they plan to do with them? Or is all this of little/no consequence?

Thanks,
S

[tog]

Copyright Designs and Patents Act 1988 said:

(1)The author of a work is the first owner of any copyright in it, subject to the following provisions.
(2)Where a literary, dramatic, musical or artistic work, or a film, 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.

http://www.legislation.gov.uk/ukpga/1988/48/sectio...

[Simpo Two]

Tog's first post put it very well. The 'big diference' is whether you are an employee or not.

The wedding couple are paying you to take photos but are not your employers (as in company full time PAYE stuff). Transfer of money does not transfer copyright.