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Keep Shooting! Photography Assignments (04 Feb 2013)

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Photo Rights (Starting my own Company)

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3 years 6 months ago #4666 by casmoephotography
Good Morning,

I have a quick question in the legal aspect of photography. I used to be part of an LLC in 2011 but decided to remove myself from the company last year. I am no longer legally part of that company and getting ready to start my own.

My question is: Can I use photos I personally captured with my camera when I was part of the old company?

I want to use them in my portfolio for my new company. Is this legally ok?

Thanks in advance everyone!

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3 years 6 months ago #4668 by Conor Casey
As far as I'm aware, unless you signed something to say the copyright of the photos you took during your time with the company, now belongs to the company, the photos belong to you.

When you take a photograph, the copyrights attached to that image automatically belong to you for the remainder if your life, plus 70 years.

Conor Casey
Flickr

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3 years 6 months ago #4673 by Gabe
Heres a general answer to your question.

Q: Who owns the copyright in a photograph once it is taken?

In general, when the shutter is released, the photographer who pressed the button owns the copyright. An exception is when the image falls into the “work-made-for-hire”(also known as “work for hire”) category. A work-made-for-hire relationship is created in two situations: (1) the photographer is an employee hired to take photographs for the employer—an example would be a photojournalist who is an employee of a newspaper but not a wedding or portrait photographer who is hired for one event; or (2) the photographer is hired to provide photographs for collective works or compilations and signs a written agreement that specifically states that the work is to be considered a work made for hire. Therefore, freelance photographers are subjected to work-for-hire status only when they agree to it contractually.
blog.kenkaminesky.com/photography-copyright-and-the-law/

Here is a pretty good video explaining copyright. Be prepared to be annoyed by the little guy:

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3 years 6 months ago #4674 by casmoephotography
We had no legal documentation in that aspect from what I know. We only had legal documents that made us an LLC through LegalZoom. I doubt LegalZoom would have that type of legal writing in their documentation.

Besides that, we had a contract with the client and that was it. I never once signed any legal document stating I would give my rights to my photos to the business.

I hope that makes sense. I just wanted to be sure before I post my work on my photography website.

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