-
do i own the photos of signage done or does my client?
Bit of a legal question, if anyone can help.
We do a lot of work for one particular customer that does not make any signs themselves but their customers think they do! If we take pictures of the signs we make for them are we entitled to use them for our promotions, ie on our website? I know if we display their customer name on the sign they may have some say but they are complaining about a sign that may have bedroom numbers and an arrow on it saying that it is their customers sign so we can’t use it.
Any help would be appreciated.
Mark
-
8 Replies
-
Unless you have signed a non-disclosure contract – you are free to use the images to a limited extent.
You cannot however say or intimate you make signs for the end users company…you don’t, you only make them for the other client.
Limited use would mean they form part of a large group of signs in a single image and are not the central focus (incidental artwork) it would be totally fine.
(Like taking a photo of a landscape and somebody is in the frame – they have no claim to the image as they are not the primary subject.)
Their reasoning is about you as a third party claiming image rights…their claim IS valid if the goods are client specific and you photograph / display them as a single or a major article.
A photo of a ‘generic’ sign without branding (numbers / arrows) that could conceivably be used for anyone – I would find it hard to see a legal reason why they can object.
At the end of it all – if you value their continued work…don’t use them.
…all of the above is just my take on it…
Dave
-
I am not a lawyer but here is my opinion.
I know two different designers who did layouts for other sign companies. When they posted the designs on their sites, the other sign companies emailed them to complain and asked that the layouts be removed.I think, if you were hired by the other company, and paid by them for the designs/products, that you are merely a subcontractor and have no right to display the photos. (even tho they are your own work) It kind of sucks but that’s the way I think it works.
On the other hand, I know of a wholesale sandblasted sign company who subs out large monument signs to other sign companies. These signs are displayed on their site and used to advertise what they do. Perhaps the purchasing companies grant permission?
And on the third hand (hahaha) I have heard of several occasions of new sign companies snagging pix of work off of the sites of established sign companies and acting as if they did them. Also heard of people clipping pictures out of SignCraft magazine and putting them in their portfolio to show to clients! And also heard of signfolks’ portfolios being stolen at meets and their sign photos showing up in other’s portfolios.
So I guess I have only added to the confusion by commenting.
Love….Jill -
Thanks Dave, this was pretty much our take on it.
-
Now I am confused!!!
Curve ball thrown by Jill
Mark
-
I did a course a few years back on copyright, don’t ask why 🙂
Say you have a client who comes to you and asks you to design a sign for them, you them make the sign/sign write van etc.
Now unless you have been expressly contracted to sell them the rights you still own ALL rights to that design, it is yours, you can advertise with it or whatever, even though they have paid you to do the work.
You don’t have rights to the company name though, so you can then do another clients van or sign with exactly the same design but their details.
Not a good idea though as you’d quickly loose customers.Same goes for photo’s, you get a photographer in to take some pictures of your work, they still own the copyrights to the images unless you buy them off them.
Steve
-
Jill, I know someone who was starting out who snagged the work of his fellow Sign Graphics students and put it on his website. He claimed it was an example of the type work he could do!
I can see that if you subcontracted for another shop, they might not want you to post pictures on your website, because it pretty much tells the world they didn’t do the work. Legally you may have the right, but I think it’s probably embarrassing for the shop who contracted you.
Perhaps an agreement with them beforehand, or a disclaimer on your quote sheet to the affect that you retain the right to use images of any work you do solely for the purpose of promoting your own services unless another agreement is specifically made would help avoid that sort of awkwardness. I think I’ll start including that on mine, not that it’s ever come up. -
Some interesting thoughts on this subject, like Kimberley we are thinking of putting a note in our terms and conditions saying that we have the right to use any images for promotional purposes, with the usual legal double dutch 😀
As for our position with our customer, Steve’s answer is very interesting. So if we do work for our customer for a third party and take pictures of our work the copy right of those pictures remains with us, as I see it. That means if our customer asks for the pictures would we be in our right to refuse giving them to him?
-
From what I can remember yes.
I race motorcycles and quite often there is a photographer at the event.
I sometimes buy a picture of them if it’s a good one but they still own all rights to the image even though it’s of me, in theory I’d have to ask them for permission if I wanted to use it on a website or magazine.But this is all theory and I certainly don’t stick to it, you do what you feel is right by your customers and as David said above if you value their custom then don’t use the images.
Steve
Log in to reply.