Rank: Guest
|
Posted By Luke.
Hi All,
After reviewing some great, and some not so great shots i took on site last week i was thinking..
Who wants to photo exchange site pictures? - obviously cover over your company/client logos if you want but each week, we can send each other 'real life' pictures of good practice and bad practice that we can use for examples or slide shows etc etc...
Was just a thought..
If anyone is interested then please drop me an email:
lb.iosh@gmail.com (i use this address to control spam!)
Thanks!
|
|
|
|
Rank: Guest
|
Posted By Dave Merchant
That's what safetyphoto.co.uk is doing, and bear in mind it's not as simple as you make out - a photo you've taken on private (including company) premises during a time you were being paid by your employer is not usually yours to give away, even if you had permission to take it and you try and remove logos. Part of both the copyright and exploitation right will belong to your employer and the premises owner / persons within the image EVEN if they aren't identifiable.
|
|
|
|
Rank: Guest
|
Posted By Peter F.
Dave,
that's rubbish if you take a photo it is yours to do with what you want, if it was the case that they are copyrighted then you would never be allowed to share anything. Look at the likes of face book, you tube etc.
|
|
|
|
Rank: Guest
|
Posted By Ron Hunter
Peter, everything and anything you produce or create on company time is the property of your Employer - standard employment contract term.
|
|
|
|
Rank: Guest
|
Posted By Luke.
Hmmm - if the copyright issue is true - how does safetyphoto get around that?
The only difference, i was just thinking of exchanging pictures via email to help each other out. Not to go on a website etc...
|
|
|
|
Rank: Guest
|
Posted By Peter Tanczos
Stricly speaking if you are taking photos and you are publishing them, you do need to get permission from the subjects (if they are recognisable). In the case of Facebook, I'm not sure if this constitutes "publishing" or not (It would depend on your privacy settings I imagine). Essentially, if you see your face in a published photograph, they should have got your permission to publish it. You must then contact those concerned and state that they've used your image without permission. To have any sort of claim this must be done when you first became aware of it, otherwise you will be deemed to have waived your rights.
This is why they pay models and get them to sign release forms. Retrospective judgements on already published photos will take into account the use (and profitability) of the photo and are generally not sufficiently high enough to justify sueing
|
|
|
|
Rank: Guest
|
Posted By martinw
SafetyPhoto has a disclaimer section, which says that by submitting a photo for publication on their website, that you agree with their terms and conditions. The website retains website copyright, and the submitter retains original photograph copyright also. You still must get in touch with the website owners if you want to use any of the photographs for your own purposes and obtain permission to do so.
|
|
|
|
Rank: Guest
|
Posted By Luke.
Stupid question - if you were to block out the company logo and the faces (they generally tend to be focused shots on a certain safety issue) then where is the law then? You are not selling pictures and there is no comeback on the company if they are not recognisable?
|
|
|
|
Rank: Guest
|
Posted By Andrew Meiklejohn
I did a photography course in my youth and as far as I was aware....
The basic rule is primarily he who pays for the film and secondly he who pays for the photographers time... owns the copyright.
Although I may be corrected.
However, with some of the photo's that I have taken on sites (and I'm sure it's the same with the rest of you) the company may not want to admit to having working practices like that....
Snap on.
|
|
|
|
Rank: Guest
|
Posted By Glen Coe
In part you are right, however as an amateur photographer I understand that if you intend to use the picture commercially there are issues around copyright for the photographer and issues for model release forms persons and property release forms for buildings. As usual if there is a commercial value, everyone wants a cut.
Now the photographer typically will have full copyright and expect payment etc. to pay models, property owners etc. or they may have a Creative Commons License where they only require recognition.
It is a bit of minefield and depends upon the origin of the photo so I would not recommend using pictures from other people and at other sites for anything other than internal use. Providing you are not breaching any declared copyright.
Hope this helps
Cheers GC
|
|
|
|
Rank: Guest
|
|
|
|
|
Rank: Guest
|
|
|
|
|
Rank: Guest
|
Posted By martinw
It bugs me in a way that all of the reports which I have created and risk assessments, especially the fire risk assessments, are all the copyright of my employer. It bugs me because my employer knows as much about health and safety as I do about giraffes: it really is all my own work, and my employer is not able to critique it in any way. C'est la vie!
|
|
|
|
Rank: Guest
|
Posted By Dave Merchant
martinw - that particular worry is offset by the fact they pay you. If we all worked because we loved it and kept everything we made, nobody would be taking home a salary.
As H&S people, you're in a tighter situation ref photographs, as anything vaguely related to H&S will be seen as "part of your employment". A typist taking a photo of dodgy scaffolding on their phone has no such problem, but by you saying the photo has some value in H&S, it becomes the property of your employer as they are buying everything you "make" in that subject area during the moments you're on their timeclock. If you don't like it, become a consultant or take photos of kittens.
But not kittens in dangerous places.
|
|
|
|
Rank: Guest
|
Posted By Andrew Meiklejohn
From IPO;
'photographs which are made by an employee in the course of employment;'
Please correct me if i'm wrong, but this would appear to say that if you are not required to take photographs as part of your job then copyright would remain with the photographer, not the employer.
Moreover, I would feel that if the employer does not provide you with a camera/film/memory card etc., then copyright should rest with the photographer.
I take a lot of photographs and am usually never without a camera, some of the photographs require post production work...
I don't think it is fair for a company to claim copyright over work thet have not commissioned and have not resourced in terms of hardware, software and training.
With regard to taking material from one workplace to another. I'm pretty sure that we have all taken work e.g. presentations used in one workplace altered them and taken them to another. Even if I wrote a presentation from scratch it would contain major similarities to material produced somewhere else. How many different ways can you write, RPE training or Face Fit Testing material?
Just my feelings...
|
|
|
|
Rank: Guest
|
Posted By Dave Merchant
Andrew - the "in the course of" test is legally complex and often casts a very wide net for anyone whose job involves providing consultation/advice/supervision style skills such as H&S. Luke's idea revolves around images that depict something useful to others in H&S, therefore they are useful to the person taking them in the course of their job, hence are owned by the employer.
This board isn't the place to go into specifics, but in general the test for self-ownership of IPR is:
1) Should you not be employed in your current role, would you reasonably have cause to create the work for your own personal use?
2) Does the work contribute no benefit whatsoever to you in the conduct of your role, or to your employer thereby?
If both are "yes", it's likely the copyright retains with the creator unless there is a blanket agreement of transfer in your employment contract. The test is for example to prevent a cleaner at an office randomly inventing a new type of car engine and having it claimed by their employer - but a new type of vacuum cleaner would be a different matter entirely, as it would be argued the idea came from and during the course of their paid work.
|
|
|
|
Rank: Guest
|
|
|
|
|
Rank: Guest
|
Posted By Dave Merchant
Arran - close, but copyright is in CDPA part 1, chapter 1, s11. Design right is a different concept, with slightly more complex rules on first owner.
|
|
|
|
Rank: Guest
|
Posted By Arran Linton - Smith
Dave,
I like your answer as it is better than mine.
This thread must be worth at least 1/2 a CDP point for both of us as this area of law that I have not examined in so much detail before!
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.