Legal Question in Intellectual Property in Massachusetts
Image Ownership
I shot a series of digital photos while working for a display company as a private contractor (1099 tax form). I've since used these for commerecial and non commercial purposes. I recently was notified by the firm that they owned the rights to my images- I was to cease using them under pain of lawsuit. the images wee made with the knowledge of the firm- I was never asked to do so or not to do so. I was never given any feedback after the images were informally shared. Readng about Community for Creative Non-Violence v. Reid in lawguru.com makes me think I may own the rights after all. How might this be pursued? thank you.
2 Answers from Attorneys
Re: Image Ownership
Assmuing there is copyrightable subject matter), if you were not an employee, you own the copyright unless you entered into a work-for-hire agreement (a written agreement giving them the copyright), or unless you assigned the copyright.
Re: Image Ownership
Digital photos are covered by copyright law. As with most intellectual property rights, ownership of the copyright belongs to the creator. Thus, the person who takes the picture would own the copyright.
However, rights are also governed by contract. The creations of an employee are generally owned by the employer. The same is not true for independent contractors. Of course, the contract with the company may indicate that the company owns rights to the things created by the independent contractor. You should consult an attorney to determine what rights you may have.
*** The foregoing provides a basic description of copyright law. It is not intended to provide legal advice with respect to specific facts. No attorney-client relationship is created by the question or the response. All persons, including the poster, should consult competent counsel to determine their specific rights.
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