Copyright Issue


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Dinorex

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#1
Hi not sure if this is the right place to post,

I am working for company A and was responsible for taking of picture for the company(NO contract between company A and me with regards to the picture taken). Company A engaged Company B for a modeling show and I was the one taking.

I posted the photos on company A website with company A watermarked(they didn't as me to do so but i put it out of courtesy).

Today I stumble upon company B website and they are using the photos i took without my permission although the watermark is still there. Is it possible for me to request them to take it down.

Or what should/can I do?
 

Dinorex

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#3
So can i say that i do have all the rights over the image taken? As I dont not have any contract that give the company A the right over the photos taken.
 

Edwin Francis

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Mar 24, 2006
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#4
Read this:
http://www.ipos.gov.sg/leftNav/cop/Ownership+and+Rights.htm

"Employment: If the work is created by an employee pursuant to the terms of his employment, the employer owns the copyright in the work."

I'm not a lawyer or expert in the field, but it sounds like your company (A) may have a claim on ownership.
 

flipfreak

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#6
Read this:
http://www.ipos.gov.sg/leftNav/cop/Ownership+and+Rights.htm

"Employment: If the work is created by an employee pursuant to the terms of his employment, the employer owns the copyright in the work."

I'm not a lawyer or expert in the field, but it sounds like your company (A) may have a claim on ownership.
unless the ts is a journalist or photographer and its inside his letter of employment, otherwise i would say no.
 

kei1309

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Apr 12, 2010
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#7
Read this:
http://www.ipos.gov.sg/leftNav/cop/Ownership+and+Rights.htm

"Employment: If the work is created by an employee pursuant to the terms of his employment, the employer owns the copyright in the work."

I'm not a lawyer or expert in the field, but it sounds like your company (A) may have a claim on ownership.
to further add on, since you, being the "main" photographer for Company (A), took pictures for Company (A), Company (A) owns all your images because it was in the course of your work being employed under them.

therefore, if Company (A) gives Company (B) the rights to use the images, you have no say in it. furthermore, it's your company's watermark on the images not your own right? as quoted:

I posted the photos on company A website with company A watermarked(they didn't as me to do so but i put it out of courtesy).
so clarify with your company why Company B is using your images before making hasty decisions
 

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Dinorex

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#8
Thanks all for the reply.

Maybe I should clarify my situation clearly.

Company A did not hired me as a photographer, however during the course of employment Company A decided to let me be their photographer after seeing my portfolio. As they decided to promote the company.

My task was to take photo and promote the place for Company A on their website.

There are no contract/terms between me and company A with regards to the photos taken. All the raw files are in my procession.

I am fine with how Company A going to use my photos but not Company B.
 

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kei1309

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#9
once you submit you photos, even with the RAW files still in your possession, the images can therefore be technically said to belong to Company A... since you've handed them over. it belongs to them now and they can do whatever they wish.

but you probably can complain to some higher authority to request that the sole ownership of the images.

i believe from now on, you've learned your lesson and next time, put your own watermark.
 

Dinorex

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#10
to further add on, since you, being the "main" photographer for Company (A), took pictures for Company (A), Company (A) owns all your images because it was in the course of your work being employed under them.

therefore, if Company (A) gives Company (B) the rights to use the images, you have no say in it. furthermore, it's your company's watermark on the images not your own right? as quoted:

so clarify with your company why Company B is using your images before making hasty decisions
Company A do not have a watermark inititally I actually created that Watermark for them.(I have all the working file with me). Technically am I right to say that the watermark also below to me as there are no contract stating that I have given Company A the right to use the watermark designed by me? Althought I am fine with them using it.

I sure company A has no knowledge that company B is using the image. (Will call to confirm tomorrow)
 

Dinorex

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#11
once you submit you photos, even with the RAW files still in your possession, the images can therefore be technically said to belong to Company A... since you've handed them over. it belongs to them now and they can do whatever they wish.

but you probably can complain to some higher authority to request that the sole ownership of the images.

i believe from now on, you've learned your lesson and next time, put your own watermark.
Even if I have no contract with the company A to be their photographer I still do not have the sole ownership of the images?
 

kei1309

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#12
Company A do not have a watermark inititally I actually created that Watermark for them.(I have all the working file with me). Technically am I right to say that the watermark also below to me as there are no contract stating that I have given Company A the right to use the watermark designed by me? Althought I am fine with them using it.

I sure company A has no knowledge that company B is using the image. (Will call to confirm tomorrow)
i'm not that knowledgeable in terms of copyright law.. but... common sense: it's Company A's Name and Logo in the watermark right? and you were doing it in stead of an employee who had an additional skill to assist the company. so what you can do now is to confirm with your company regarding this matter. you should also draft a contract with them regarding the usage rights of your images from here on now
 

Agetan

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Dec 31, 2004
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#13
You are under employment of Company A. So technically, unless proven otherwise, the images you took on behalf of the company A, the rights unfortunately will belong to Company A and there is nothing you can do about it as you don't own the copyright. In the future, if you would like to own the copyright, you do have to have a "transfer" of copyright signed by your "employer" state that you will own the copyright but you can grant them the permission to use the images. I did that to my former company (i take their product shots), hence the copyrights belongs back to me.

If you have an employment agreement with Company A, you may want to re-read what is in that contract.

If you believe you have the right, you may want to talk to a lawyer specialised in IP.

Regards,

Hart
 

Dinorex

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#14
Thanks all for the reply.

I do not have any employment contract with the company to be specific. Although they do submit my CPF for me.

Is there any where i can download the form with regards to the "transfer" of copyright?

Did google but the result is not very helpful.
 

flipfreak

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#15
missed the part abt the watermark. did your co. compensate u in any way for the photography? i think if u weren't and it was not within your official job scope, the rights still belongs to u. in any case, u shld be take care of your rights first. i think its better for u to move on since u suffer no loss in income as a result of that.
 

kklee

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#16
I am working for company A and was responsible for taking of picture for the company(NO contract between company A and me with regards to the picture taken).
This is what I think....

I read as you're working for a company and one of your job responsibility is to take pictures for the company - the fact that you had agree to this, you could have given up the rights to images, where the company might require you to give them the raw files.

Another way of looking at this is that, although you have agreed to the responsibility of taking the images, the means of fulfilling the responsibility cannot be met as you're not provided with the means, e.g. a camera, for the job. In this case, you're working on your own accord and the images you have have taken belongs to you and you retain full copyright. The photographs on the website you have provided can be deem to be for one time use for the company and no one else.
 

Dinorex

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#17
After checking with my boss(Company A)
Background:
Company A hire Company B for a modeling show in the premise of Company A.

Company A did not give consent or have any agreement with Company B to use the photos taken by me.

I email Company B informing them to remove, however they argued that they can use the photos as the models below to them.

Any advise?
 

catchlights

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Sep 27, 2004
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#18
that is nonsense, the person in the photo does not make the person owns the photo.
it is the creator own the photo, unless it is under work for hired.

just show them what the law says.
 

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catchlights

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#19
btw, you better set the record straight, since you say company didn't hire you, why place the company name (logo) on your photos in the first place? other might think that is your company properties.
why don't you tell your boss you will replace the watermark to your name and you allow them to use the photos.
in this way they lose nothing right? and you have protracted your rights also.
 

Dinorex

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#20
All settled. Thanks for all the advice.

I have requested to replace the watermark, and also transferring the copyright to me as to reduce the gray area. Company A has no issue of that.

I also allow Company B to use my photos however with my watermark and limited to their website only. With agreement of cause.

Finally resolve this issue. Many lessons learned.. :sweat:
 

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