Pictures taken while on the job

[robertbenda]

What is the name of your state? North Dakota

I was on staff as a wedding DJ for a company. My old boss has since moved on and I now work for myself at in a new DJ business. My old boss wants me to stop using pictures and client comments on my website.

I took the pictures with my camera at weddings I worked for him. Taking pictures was never part of my job description and he never asked for them, used them, or had possesion of them before.

I received the client comments directly from the bride/groom either via email or thank you cards telling me what a great job I did.

I never had an employment contract or confidentiality agreement that covered any of this.

Are these pictures my property or my old company's?
Are these client comments my property or my old company's?
you can see the photos and comments in question here: www.robertbenda.com/references2006.htm

 

[vivienne]

my situation sems very similar to yours.

 

[vivienne]

NY
My situation sems very similar to yours.

 

[robertbenda]

Still looking for more

Thanks, Vivienne, yours is very similar, but I still have the other half of my issue.

Are the written customer comments intellectual property? There are two different comments: 1) comments I solicited directly and were emailed, and 2) wrriten comments solicited by the company I worked for and mailed back to the office.

Am I allowed to quote or use either of them?

 

[spmlawyer]

You should be home free

I received the client comments directly from the bride/groom either via email or thank you cards telling me what a great job I did.

If the comments relate to your work and they're not defamatory, go ahead and use them but see below as to consent.

I never had an employment contract or confidentiality agreement that covered any of this.

The creator (you) of original work (your photos) owns the copyright unless the employer can prove that they were done within the scope of your employment or were works for hire pursuant to a written agreement. As your fact pattern suggests they were neither, it would appear that your former boss has no claim. It would be an even better case if the camera was yours and you paid for developing (assuming you made prints/slides) You do want to avoid misrepresenting that your pictures were taken at weddings planned/organized by you.

Are these pictures my property or my old company's?

Yours

Are these client comments my property or my old company's?

The comments actually belong to those who made them but you own the actual note. You should get permission from the commenters if you identify them or the comment is uniquely original. (e.g., other than "great job," "you really rocked the house," etc.