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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I am a self employed photographer. A recent paid job was

Resolved Question:

Hi, I am a self employed photographer.
A recent paid job was producing photos for an exhibition catalogue for a local company
In the back of the printed catalogue the company claim a general copyright like so:
© "company name" 2016
I am thanked in the catalogue (along with other staff at the company) and referred to as "our photographer"
I feel I'm not "their" photographer and that I have copyright of the images having signed or agreed nothing to the contrary.
Is their printed claim of copyright illegal in that it could be construed to refer to my images as well as their text
Cheers, Harry.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Have you suffered losses as a result?
Customer: replied 1 year ago.
Ben,
I've suffered no losses
Customer: replied 1 year ago.
just worried that if I do nothing it would be seen as a tacit acceptance of their claim of copyright
Expert:  Ben Jones replied 1 year ago.
What they put in terms of copyright symbols on the literature will not impact your legal rights. Who has copyright over an image is a question of fact, not what someone decides. The starting point is that you, as the photographer, will have automatic copyright over the images in question. Such copyright can be transferred or assigned to another party, either permanently or temporarily. To do so there must have been a specific agreement between you and the other party, agreeing to assign such copyright. Usually this would be a written agreement but if they have evidence in other forms, such as emails, correspondence etc which shows your intentions and points towards an agreement, they can try and rely on that. The simple fact that there is a copyright symbol with their company name does not give them copyright and you could of course just send them a letter clarifying that you retain copyright over the images, regardless of what the catalogue says and if this remains undisputed you will retain your rights. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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