Photography Whilst Employed 😳

[Prawnography]

Hi There

I hope that this is in the correct section?

Basically whilst I was employed with a Company, my business took some Photographs for the company, and they have used them for many internal bulletins and on their websites.
They just made me redundant with a feeble excuse that the work has been contracted out, which I am not overly worried about.

I was ill for a long time, and within that time I had to see the Occupational Health.

They made no effort to find out the status of my Health.
I went back for 1 day, and they concluded I wasn't well enough, which was wrong.

1. Can I ask for payment for my Photography that they have used?
2. I will be getting no redundancy money, as they say I have been there under 2 years, which is fair enough.
3. I still have some of their equipment, which I will return even if they don't pay me, as I try and live a moral life.
4. How do I stand with the Law, regarding my Photographs?
5. How do I stand when it comes to the equipment?

Thanks

[ostell]

You took the photographs while employed by them, and by the sounds of it they supplied the equipment, and therefore the photos belong to them and you have no claim.

[ULA]

A little bit confused you mention being employed with a company but then talk about your business taking photographs for the company. Did you do this in your capacity as an employee or did you have your own separate photography business outside of the company and they separately contracted you to take photographs?

If the former was the arrangement for the photographs to be taken then they are the company's property and no payment is due to you. The equipment must be returned to the company as it is their property and I am sure there is a clause in your contract about returning all company property on termination of your employment.

If the latter was the arrangement then you received payment for the photographs so no further payment is due. If the photos were taken on company provided equipment then again that belongs to the company and should be returned.

[Prawnography]

Hi

My business took the Photographs on a Saturday’s, when the business was closed.
1. The Photos were of the outside and inside of the building.
2. The Photos were taken with my equipment.

[des8]

I understood that copyright in photographs generally belonged to the photographer, unless it was assigned to a third party or taken in the course of one's employment.

Did your business receive payment for the photographs, or was it agreed to be a thank you job?

[Prawnography]

Hi Des8

No agreement was made at the time, so long as I worked at the company.
No payment was made either.

[Amethyst]

Do you run a business, entirely separate to your employment with the company, as a photographer ?

Was your employment at the company related at all to your being a photographer ?

Were you, in essence, simply doing the company a favour by taking the photographs for them... because you worked for them, they needed some photo's, and you offered to do them for the company and no payment/consideration was offered/asked for.

[Setmefree3]

Am i right in assuming that you own a photography business? You took some pics for a company you worked for, but did you ever agree in writing that a charge would be made for the services that you provided. Did you hand over the pics after you took them, or do you have a social media relating to your business and the company took them from there without your knowledge.

I would guess that the equipment you refer to would go back to the company as it’s their property, unless you have something in writing proving different. I hope that your health has now improved, alas I’m not clued up on employment law, but others here are. So hopefully they can help you on that matter.

Also did the company you worked for approach you as an external company to commission work on their behalf.

[Prawnography]

Hi Amethyst and Setmefree3

1. Yes I do own a Photography business
2. Nothing was agreed in writing
3. I only handed over High Res .jpg, but not the master RAW Files
4. I have a Business and Website
5. The equipment is " My Equipment "
6. I was working for the company as an I.T manager
7. They have another company that they pay a lot of money for Staff portrait shots.
8. Thankyou for the good wished referring to my health

[Setmefree3]

I could be wrong, but the fact you handed over the jpg’s voluntarily without any conditions, would be giving your consent to use them. Unless you argued the case that you only handed it over for viewing purposes only and not to use, without seeking your permission. If the equipment is owned by you, why would you think that you have a need to return it?

[Prawnography]

Hi again

I have just noticed that they have used the Photographs on Newsletters back to September 2018.
My Line of thought is that so long as I was employed by the Company, I was Ok with them using the Photos.

Now they work has " Dried up " allegedly I am not happy.

Thankyou

[Setmefree3]

Ok. Were the photos taken, consisting of the companies premises?

[Prawnography]

Hi Setmefree3

I see what you are saying.
I have some computer equipment, that I used as part of my job role tha belongs to them.
Anything to do with Photos was 100% with my equipment, and yes the Photos were of the building inside and outside.

[Setmefree3]

The computer equipment which belongs to them, would have to be returned. The photos taken of inside and outside of the property I would guess would belong to the company, though I could be wrong. (Private property)

[ULA]

With regard to any equipment you have belonging to the company, you have indicated you would return this back to the company and that is the correct thing to do in any circumstances and in particular if there is a clause in your employment contract about returning all property belonging to the company on termination of employment. You do not want to be accused of theft of company property.

Any equipment that is yours remains yours.

On the photos it seems like the company asked you to take some photos in the capacity of your photography business you agreed but in providing the service did not enter into a contract either written or verbal in regard to payment for the photos and the timespan of their use i.e. only whilst I am employee of the company. I think you may have an issue with enforcing either now since there was no contract in place. However employment and contract are my area

of my expertise so there may be others on the forum better able to answer this issue for you.