what can happen?...
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- imnotadesigner
Question... if I posted pics on a personal blog (not under a company) which I shot for another company and give credit to that company on the post can they take any legal action against me?
Because I've been threatened that if I do, I will be sued. And I should also mention that I didn't sign any contract with them and that they paid me cash.
All I want to do is showcase some of my work and when I ran the photos by them, they took a fit.
- jerseyred0
If there's no contract then technically you can sue them because they're your photos - you didn't transfer copyright to the company. You sold them the pictures but technically you still can retain authorship credit. As the author/creator of the work you retain copyright until you legally transfer copyright to someone else.
Give it a shot, see what happens.
- imnotadesigner0
Heres what I got from the Canadian photography laws.
There was no contract of service signed BUT, could it fall under the apprenticeship?
Copyright Act, 13.(3):
(3) Where the author of a work was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a newspaper, magazine or similar periodical, there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine or similar periodical.source: photography laws for canada
http://ambientlight.ca/laws.php#…
- max_prophet0
intellectual property should remain yours, the above is only relevant to employees.
- max_prophet0
Sounds like you don't have any terms set up, but most professional photographers licence their images to their clients for the necessary spec, duration, media etc. So really, you should keep an eye on where THEY use your images, though all this is by the by if you don't have a contract or general T&Cs.
I say fuck them, and tell them they would be laughed out of court.
- max_prophet0
ask them what the tax man thinks of their cash payment policy
- oh wait..max_prophet
- yeah... lol then Im pinched.imnotadesigner
- imnotadesigner0
Ok they're wedding photographers these guys and the only thing I can potentially see happening is that they try and get their clients (couples) to try and get me to take them down.
- CGN0
It's not like you are selling them. You are only displaying them. I'm sure you'll be okay. The worse they can do is make you take it down.
- And they would have to pay for an attorney to write up the paper work.CGN
- trueimnotadesigner
- CGN0
Can you post the photos here?
- ukit0
If they are Microsoft, yes.
If they are wedding photographers, post away.
- ok_not_ok0
do something like this and you're covered.
- Milan0
post first, ask questions later
- typist0
i don't think you hold the whole rights of the photos, as the married couple(the model), didn't sign any model release, it's not like a photo you shot in any public place with random married couple, the settings and stuff...
so i think you should handle with care
- imnotadesigner0
typist... like I was saying, Im worried that these guys may coax the couple to gang up on me like they suffered damages or some BS like that. I thinking that if I post... I write "wonderful" comments about both the photographer and the couple. This way what could hey say?? That I ruined their reputations with niceness?
- max_prophet0
I thought you were the photographer?
- I am. Theres just some jobs that I did for these guysimnotadesigner
- jimbojones0
typist is partially correct, without a model release you can't post this stuff everywhere, but if it is only a small part of your portfolio you can get away with it methinks.
can't you just ask the photographed people if they're ok with it?
- imnotadesigner0
jimbojones - I could try but I have no way of contacting them. What if I was to write something like "If you feel offended by these images in any way and request them to be removed please email me"
would that cover me you think?
- duckofrubber0
From jerseyred's link above:
Q. What if I have an idea and I hire a photographer to execute my idea, pay for his or her expenses including models, film, processing, assistants and special equipment, does the copyright belong to me?
A. No. Usually, the person who creates the work ñ in this case, the person who trips the shutter -- owns the copyright. Of course, the parties can make other arrangements such as assigning the copyright or agreeing in writing to create the photograph on a work-for-hire basis. Also, under some circumstances there could be joint ownership of the copyright.
- No contract, cash only. You pushed the shutter button. Your photo. BUT you do need permission from the people in it.duckofrubber
- sequoia0
In Canada the person who pays for the image owns it otherwise stated in writing. Plus you need a model release for each person in the shots if you are to display them.
Having said that the worst they could really do is send a cease and desist. I highly doubt they would get far if they tried to sue you.
If you were threatened with a lawsuit it's probably not worth it for you to display them, considering the hassle it might cause you.