Subcontracting social media rights

[Saulnowpaul]

Hi, I'm New on here.

I'm a freelancer for a limited company. I paint and decorate boats for this company and have been taking pictures of the work I have done and posting it on my Facebook page which acts as a portfolio of my work. The company has asked me to take down all images of the work I have produced and state they have been advised by a solicitor that they are within their rights to do so.

I'm wondering how I stand on this. If anyone could help or advise it would be appreciated

[ostell]

They are probably fearful they will be hit by a claim from the owner of the boat, If you have contact with the owner of the boat can you get permission from them, preferably in writing, agreeing to show their boat on your web page? I'm sure most owners would be only too happy to be able to show off their pride and joy.

[Saulnowpaul]

I think its the issue of me using the work produced for them as a spring board to get other work that is not from them.

I guess it comes down to ownership of the work. Is it my work or theirs or as you said the customers.

[des8]

This might also be a question of who owns the copyright of the painting.
Ownership will depend on whether the works are carried out under a ‘contract of service’ (eg as an employee) or a ‘contract for services’ (eg as a freelancer or independent contractor).
In the latter case copyright ownership is retained by the freelancer
If they are commissioned works, again copyright is retained by the artist.

Go back and ask them the legal basis of their request,

[Saulnowpaul]

Thanks for this.

i fall under "contract for services" I am given a spec sheet by company of the agreed works that their customer wants carrying out and complete. Sometimes when I sign write this is my artistic interpretation and so their is that angle also

so you an within my rights to display the work I have done?

[des8]

If you are confident you work under contract for services I believe you have that right.

Do check that you are not working for hire
Check your contract wording

Copyright questions are not straightforward, and I ain't no expert.
Ask them to explain the legal basis of their request.

[bichngoc94]

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