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Wilton A. Person
Wilton A. Person, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 4146
Experience:  MBA, Experienced and Knowledgeable in Intellectual Property Law
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Im a photographer. And I did a work for www.peacelovethreads.com.

Resolved Question:

I'm a photographer. And I did a work for www.peacelovethreads.com. This work has been done as an investments in the case if I would be the partner(or an employee). Which I'm not by now. Cause I wasn't satisfied with their final offer. And is far as we have no employee/services or work agreement between each other I asked to delete all the pictures that I've shoot for them from their website(or pay me for the job, cause you use them in commercial purpose). But they are arguing with me and insist that they own all the pictures that I've done for them by considering the fact that I've signed Confidential Disclosure & Non-Compete agreement (i've signed because they provided me the information about the company and their company content and they didn't' want me to use it somewhere else, what is obvious). and this agreement has part :

3. Ownership of Confidential Information.
3.1 Recipient understands and agrees that all creative content including, but not limited to ideas, concepts, designs, creative images, suggestions, and all other tangible and intangible property is the sole property of Peace Love Threads, LLC.
3.2 Recipient agrees that all Confidential Information shall remain the property of PLT, and that PLT may use such Confidential Information for any purpose without obligation to Recipient. Nothing contained herein shall be construed as granting or implying any transfer of rights to Recipient in the Confidential Information.
3.3 Recipient agrees to return all Confidential Information disclosed in any format, including, but not limited to written or digital form, upon leaving or finishing any contractual obligations or work with PLT.

and I was trying to explain them that this agreement has nothing to do with the work that i've provided. I totally understand that i can not use those pics in my own purpose, but they don't own them, because we have no employee/services or work agreement/contracts as I said before and have only Confidential Disclosure & Non-Compete agreement that has nothing to do with the services that I've provided. Am I right?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Wilton A. Person replied 1 year ago.
Thank you for your question. The general rule is that a photographer owns a copyright in any photographs that he or she takes which is the reason why a company who hires a photographer usually has the person sign a "work for hire" agreement and assign the copyright to the company.

If the person is not an employee, a "work for hire" agreement does not exist, and the copyright has not been assigned, the photographer has all of the exclusive rights under Section 106 with respect to the photographs which technically means that you could prevent the company from using the photographs.

An assignment of copyright is generally very clear to protect copyright holders so a confidentiality and non-disclosure is usually not sufficient to suggest that a copyright has been assigned.

However, to avoid a legal dispute as to ownership, you may be able to resolve this issue without incurring substantial legal fees but it would probably be a good idea to retain an intellectual property attorney to assist you.
Wilton A. Person, Lawyer
Satisfied Customers: 4146
Experience: MBA, Experienced and Knowledgeable in Intellectual Property Law
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