second photographer copyright question

second photographer copyright question

18 posts
5 Oct 2014

Bob will no doubt tell us who is wrong...

Neither photomane9 nor OldMaster is wrong.
Please stop being a muppet and go and learn the basics of CDPA 1988.
The images were not taken as part of Rob's employment as he is not employed by the wedding snapper.
As stated previously, stop digging. You soon won't find a ladder long enough to get you out that hole.

Posted 6 Oct 2014

There is no disagreement between the two posts you quoted. I refered to section 11(2) which clearly talks about things done in the course of employment.Elsewhere (Section 178 ) in the Act employment is defined as follows:

“employed”, “employee”, “employer”, and “employment” refer to employment under a contract of service or of apprenticeship;

Old Master put his reference in quotes:  "employed you". I assume this was to deliberately indicate that he was referring to the non-legal use of the word 'employ' such as when one might say they employed a builder to come round and fix some guttering. Most normal people would not take that to mean that the householder had entered into a contract of employment and was paying the builder's NI contributions, with pension rights and holiday pay etc.

When read like that - as I am guessing Old Master meant it to read - then there is no discrepancy between what he and I said. It probably won't be necessary to get Bob out of the pub to adjudicate. 

There are four ways of establishing an employee’s status: (dependant employer, worker(contractor) or self employed.

1. The Control Test – what is the extent of supervision, at what extent does the individual have over their own work?
2. The Integration Test – Is the work carried out an integral part of the employer’s core activity or is it only accessory to?
3. The Economic Reality Test – How far is the individual in business on his own account.
4. Mutuality of Obligation Test – Does the individual have to accept work from the employer and is there a possibility of turning down work?

The differences are to recognise employment rights and not copyright.

I'm not convinced that employment status is relevant.

I have a casting out for a 2nd tog in Cheshire which is paid!

Posted 17 Oct 2014
Edited by ForumModerator 18 Oct 2014
Bob, what is the point in belittling people if they're wrong? By all means tell them they're wrong and explain why, but why patronise them and look down on them? With all due respect, your word is not the final one that everybody should be looking out for, and it does not give you the right to treat people like they're beneath you.

Back to the subject, I am in general agreement with the concept that unless you sign a contract that states otherwise, you own the copyright to the images you take.

Posted 19 Oct 2014
Edited by TheChrisS 19 Oct 2014
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