Legal Question in Intellectual Property in New York

Re: May I use photos I’ve taken for my portfolio?

Unfortunately, there IS a contract between you, and it is in writing. By performing work for this studio, you have accepted the terms of that emailed contract, and are bound by it.

You have answered your own question: "we are told verbally that we may not use the images."

"At all times, any pictures taken are the exclusive property of -blank- studio."

Although it does not use the technically correct language, that clause may be interpreted as the artist assigning copyright in every photo the artist ever takes for the rest of his/her life, whether associated with the studio or not, to the studio. Is that what you intended?

Generally, employment basis (1099 or W-2 employee) has no bearing on the ownership of copyright of works of authorship. The question is whether the employee (or contract employee) granted copyright to the employer.

In general, work that an artist has done for one employer *that is not a trade secret of that employer, or is not covered by a non-use contract* can be used in a portfolio to show other employers the quality of the artist's work. The portfolio may generally not be left with the potential employer without written permission of the employer for whom the work was done. However, in this case, since they stated that work cannot be used by the artist, I'd get written permission to use any work produced for this studio.

That assignment clause is pretty overbearing. You might want to hire a copyright attorney to help you out with it. I'd be happy to discuss it with you; feel free to contact my office to arrange a consultation.

Good luck.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Re: May I use photos I’ve taken for my portfolio?

I agree with Ms. Delain. You are party to a very broadly termed agreement contained in the email. When you perform your service, you are accepting the terms of the contract; so you don't have the right to use the pictures you take on those jobs. It is very doubtful that anyone would construe the email as covering work you perform separate from assignments from the company sending the email, but they could make a claim if they found a way to link your images to a prior assignment. So it would be wise to get the terms of the email adjusted, which you could do in a properly drafted response email, for example.