Ok after reading Faithless[HTML_REMOVED]#8217;s epice failure of a thread (cough) pie (cough), i thought i[HTML_REMOVED]#8217;d look for some advice on a similar topic.
To start, some of you know where I work, for those who don[HTML_REMOVED]#8217;t, it[HTML_REMOVED]#8217;s that place with all the whales. Anyway my employer has a policy for all visitors - stating:
[INDENT]You are welcome to shoot still photos, video or film for personal use only. Any reuse or reproduction for commercial purpose without written consent of the Vancouver ######## is strictly prohibited.
[/INDENT]
For employees things are a little different, and this is what I received from the HR department when requesting the most recent policy.
[INDENT]POLICY
[/INDENT]
[INDENT]1. All Photographers please note: You are welcome to shoot still photos, video or film for personal use only. Any reuse or reproduction for commercial purpose without written consent of the Vancouver ######## is strictly prohibited.
2. Pursuit of personal photography, video or film on location at the ######## is done on personal time.
PROCEDURE
For those interested in obtaining written consent from the Vancouver ######## please contact the Vancouver ######## Public Relations Department.
[/INDENT]Now this is the information I[HTML_REMOVED]#8217;ve found from the Government of Canada website.
Canadian Copyright and Moral Rights in Works
[INDENT](1) For the purposes of this Act, [HTML_REMOVED]#8220;copyright[HTML_REMOVED]#8221;, in relation to a work, means the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever, to perform the work or any substantial part thereof in public or, if the work is unpublished, to publish the work or any substantial part thereof, and includes the sole right
[/INDENT]
[INDENT]
(a) to produce, reproduce, perform or publish any translation of the work,
Ownership of copyright
(1) Subject to this Act, the author of a work shall be the first owner of the copyright therein.
Work Made in the course of employment
(3) Where the author of a work was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a newspaper, magazine or similar periodical, there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine or similar periodical.
[/INDENT]Cole Notes:
So, the story goes. I took a photo of a sea horse during personal time [HTML_REMOVED]#8211; wasn[HTML_REMOVED]#8217;t working! Legally I believe this photo is MY property. I sent the photo to the guy who takes care of the sea horses - this may have been my mistake?
The f@#ing marketing department asks for the photo from this guy and then proceeds to plaster on the front on a thousands of marketing brochures. This pisses me off because if the marketing department knew who the photographer was, they used the photo without consent and even if they didn[HTML_REMOVED]#8217;t know who the photographer was they, used a photo without knowing who the owner was!!! I seriously am considering legal action, but my thinking is the only thing I can fight is lost exposure as the photo was printed without my name crediting it. I don[HTML_REMOVED]#8217;t think I can claim lost revenue because I could not have sold the photo for any other use with consent from my employer. Or is it my mistake for send the photo to some else?
This is not the first time this has happened. The same thing happened three or four years back, and when I tried to address it, they simply ignored me.
I love to hear what others think, even it means more pie!
