Legal Question in Intellectual Property in Massachusetts

Can I use photographs I took while working for an agency?

I am a staff photographer at an ad

agency where we shoot a lot of food

photography. I'm wondering If I can

use some of these photographs in

my own portfolio (physical and

online). Perhaps if I state that they

are owned by the agency and I took

them while working there?


Asked on 6/14/07, 12:01 pm

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Can I use photographs I took while working for an agency?

If by "staff photographer" you mean that you are an employee, then all of your work belongs to the agency and you have no right to make copies without your employer's consent. If you are not an employee, then you should have an attorney look at whatever contract governs your relationship with the agency -- likely it contains an assignment of rights and a "work-for-hire" provision that vests copyright in the agency.

Best wishes,

LDWG

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Answered on 6/14/07, 1:02 pm


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