An interesting encounter with the boss

[Geoff Port]

Last week we witnessed the erection of a new communications tower here in town. 50 meters tall,taking the place of two rather old 30 meter towers.
I spent most of one day last week photographing the actual erection process. One of the 77 shots I took can be viewed below.
http://i1068.photobucket.com/albums/u455/GeeKayPee/Jerilderie/New%20Communications%20Mast%20for%20Jerilderie/336station090513NewCommsMast058_zps4e3c22c9.jpg (http://s1068.photobucket.com/user/GeeKayPee/media/Jerilderie/New%20Communications%20Mast%20for%20Jerilderie/336station090513NewCommsMast058_zps4e3c22c9.jpg.html)
The riggers working on the job asked if I'd give them copies of the take. No problem. Tell the boss I'm available for other jobs for the cost of expenses and a reasonable hourly rate ;). Never let a chance go by.:D
The next day in the afternoon my boss calls me into the office and says that he has some great shots of the mast being erected. he brings them up on the computer and there are MY photos. When I tell him that they are copyrighted and he needs my permission to use them he just laughed and said He won't worry about any copy wright. :(
Now here's the rub. I actually spent most of the day taking the shots while on my employers payroll so morally if feel that I can't say much about him using the photos if he wants.
Any thoughts?
And would you believe it. The photo I pick to put up on AP has a massive smudge at the top near the jib head.:o:o:o:(

[Wayne]

The boss kind of has you by the proverbial if he wasn't paying you to be there taking pics.

You can assert your rights regarding copyright, and that is in no way affected by what you were or weren't being paid to do there, but I think doing so would be at your own peril.

[MissionMan]

Tend to agree. Any work you generate as part of your duties is likely to be deemed as owned by the company. If you were writing a report on their time, would you own it or them?

[Sifor]

So you took the pictures while working for your boss (employer)?

If so, you're not taking the photos in your personal capacity, rather as an agent for your employer who owns the copyright to the photos you take. Akin to the situation where if you find $100 at work you are taken to have found it for your employer. Section 35(6) of the Copyright Act states where a person creates work capable of being regarded as copyright, in pursuance of the terms of their employment, the copyright is owned by the employer.

You will have to construe the terms of your employment contract to determine whether you took the photo "in pursuance of the terms of employment". Generally speaking, you probably did.

Irrespective of the above, why pick a fight with your boss over some pictures? I'd be more inclined to keep a good working relation with him, since, well, you're going to earn more working for him than you will trying to flog a few photos of a comm tower...

[Mark L]

.....
The next day in the afternoon my boss calls me into the office and says that he has some great shots of the mast being erected. he brings them up on the computer and there are MY photos. When I tell him that they are copyrighted and he needs my permission to use them he just laughed and said He won't worry about any copy wright. :(
Now here's the rub. I actually spent most of the day taking the shots while on my employers payroll so morally if feel that I can't say much about him using the photos if he wants.
....(

So where did you post the photos that he had access to them?
Depending on your answer, you should have waited and he'd be none the wiser.
If you had this much time to take photos, you should have taken a flexiday (or sickie) and taken the same photos.:D
Still doesn't stop you giving the riggers the photos so they can tell their boss you're available (on certain days :)).

[Geoff Port]

So you took the pictures while working for your boss (employer)?


Irrespective of the above, why pick a fight with your boss over some pictures? I'd be more inclined to keep a good working relation with him, since, well, you're going to earn more working for him than you will trying to flog a few photos of a comm tower...

I have come to that conclusion myself Sifor, I get it VERY easy at work, left alone to do my own thing so why upset the apple cart. :)

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So where did you post the photos that he had access to them?
Depending on your answer, you should have waited and he'd be none the wiser.
If you had this much time to take photos, you should have taken a flexiday (or sickie) and taken the same photos.:D
Still doesn't stop you giving the riggers the photos so they can tell their boss you're available (on certain days :)).

He ,(the boss) got them from the riggers after I had given them (the photos) to the riggers. :confused013 That sounds very jumbled.
As I said to Sifor, I get it very easy at work and was able to stay on site all day taking photos. The idea that the employer was the real copyright holder because I had taken the shots while he was paying me never occurred to me but is rather obvious now I think about it. I was just a bit put out by the bosses attitude toward copyright.
thank you all for your input, I have learned a lot.

[FallingHorse]

Maybe next time you hand your photos out, consider using low res with a big ugly watermark across it :)

[Geoff Port]

Maybe next time you hand your photos out, consider using low res with a big ugly watermark across it :)
I have since added my name to the bottom of the shots as a watermark Jodi. :) The beauty of this site is that there are always members with vast experience that are always will to offer assistance to the likes of me. Love it.:th3::th3:

[Rattus79]

The copyright may belong to the boss, since he was paying you, but the equipment used belonged to you did it not?

You are entitled to ask for some compensation for that in the form of cash :D

[MissionMan]

That entitles you to claim work related expenses on your tax return for the portion of usage which qualifies as work, at least that's my guess.

[jimbob12]

maybe its your boss` way of nicely asking you why are you taking photos on company time and not working like your being paid to do ? :D

[bricat]

If you are employed as a photographer and sent to that job then maybe it is right. But if you took the shots in your lunch break(not employed as a TOG) then they are yours. But you have decided to lose the fight and win the war. Exactly right. cheers Brian

[Geoff Port]

maybe its your boss` way of nicely asking you why are you taking photos on company time and not working like your being paid to do ? :D

Could be jimbob12 but he's not that subtle. He would have chipped me up front.:)

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maybe its your boss` way of nicely asking you why are you taking photos on company time and not working like your being paid to do ? :D

Could be jimbob12 but he's not that subtle. He would have chipped me up front.:)

[bushbikie]

The copyright may belong to the boss, since he was paying you, but the equipment used belonged to you did it not?

You are entitled to ask for some compensation for that in the form of cash :D

I'd let this one slide and chalk it up to experience.