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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 13372
Experience:  Barrister 17 years experience
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I am working for someone as a content creator, I have said I

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I am working for someone as a content creator, I have said I plan to leave and I have withdraw all my video drafts from the social media platform as these are my drafts. since there’s no contract are the videos legally mine
JA: Where are you? It matters because laws vary by location.
Customer: Ireland
JA: What steps have you taken so far?
Customer: I just withdrew my drafts from the TikTok page
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No it was taken on my phone and there’s no contract so I assumed under the Copyright Law 2000 that these are legally the authors (mine).

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 11 days ago.
Okay I’d just like to know where I legally stand with the rights to my work

Were you specifically instructed to produce these videos?

Customer: replied 11 days ago.
No I made them. It was all created and carried out by me how the videos would be taken. The employer doesn’t even know what drafts I have. I am employed to take pictures and videos but these are are creatively thought up and videod by me on my phone
Customer: replied 11 days ago.
Ie- he didn’t tell me to take a video of the nail technician doing a sing a long video.
He told me to get enough video for a week by week basis
Customer: replied 11 days ago.
There is also no written contract

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Sorry I did not realise you were in Ireland as you posted the question in our UK law section. I will move it to Irish Law where someone should pick it up

Customer: replied 11 days ago.
Thank you

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1.  I regret to say that when you are employed by someone and produce content, then the copyright in the content belongs to your employer, even though you might be the author and producer of the photos and the content.  You cannot essentially withdraw content subsequently which you produced for your employer whilst you were employed there.   This is a rule of employment law and whilst you are the content creator, the copyright belongs to your employer when you produce content during the course of your employment.  I appreciate that in your situation there was no written contract of employment or no written contract that dealt with the copyright.  However, this does not vary the common law rules that copyright in an item produced during an employment relationship belongs to the employer.  You would have needed to have been an independent contractor for you to have the ability to withdraw the content once you left the working relationship for your employer.

2. If there is no formal employment relationship and you have been working as an independent contractor, then you have the ability to withdraw your content when you leave as you hold the copyright and the other party only holds a licence to use it, which can be revoked by you.  In your question, you are not clear as to whether you were in a formal employment situation or whether you were working on a project by project basis and getting paid for each job being done.

3.  If you require any clarification or if there is additional information you wish to share, I will be happy to assist further in the resolution of your question.

Buachaill, Barrister
Satisfied Customers: 13372
Experience: Barrister 17 years experience
Buachaill and other Republic of Ireland Law Specialists are ready to help you