Ex employee using photos on competing website

[UKSBD]

"Company A" - Asked employees to take photos of jobs in progress to send to clients and also use on company website.

Employee has left, has set up competing website and is using the photos he took whilst doing projects/work for "Company A" on his new website.

Can he be forced to remove photos, likewise, can he ask for the photos he took (whilst working for Company A) to be removed from the "Company A" website.

Very unlikely anything will be in contract about this as just a small local utilities company.

 

[YasmeenLondon]

Not a lawyer, but according to the Copyright, Design and Patents Act of 1988, the photographer owns the images unless:

1) Contracts state otherwise.
2) The pictures were taking while they were working as employees in the course of their employment, in that case the employer owns the photographs.

 

[eteb3]

in that case the employer owns the photographs

... unless contracts state otherwise.

(In other words: both parts of the statutory position - "(1) creator is owner, (2) unless creator is employee" - can be varied by contract)

See section 11 here: https://www.legislation.gov.uk/ukpg...heading/authorship-and-ownership-of-copyright

 

[Ozzy]

Having dealt with something like this in relation to code development, even if the ownership of copyright is not expressly covered in the employment contracts if the content is created during the normal course of their employment then the content is the copyright of the employer.

Exception is if something is created while employed but outside their normal course of employment.

So if the photos were taken using company equipment as part of the persons job, then the employer owns it. If the employee took the photos using their own equipment going over and beyond their day to day work, then they own it.

 

[UKSBD]

So if the photos were taken using company equipment as part of the persons job, then the employer owns it. If the employee took the photos using their own equipment going over and beyond their day to day work, then they own it.

I doubt they were issued with company mobiles, so probably took on their own phones.
It would have been during work time though and part of the job they were doing.

I personally think it's not worth bothering about, my guy is a bit peeved about it though and if he does want to kick up a fuss, we don't want it to backfire by the guy who took the photos turning round and saying, "remove them from your site too, because I took them"

 

[HFE Signs]

Something like this could easily clock up very large legal fees, how damaging is it for 'Company A'? Although I see your frustration, it might be better to get yourself some fresh photos and make them look better that theirs.

 

[eteb3]

I doubt they were issued with company mobiles, so probably took on their own phones.

This is interesting. I wonder what @Newchodge has to say about it: is there by now an implied term in employment contracts that you'll bring a smartphone to work, say for using passkeys on Microsoft Authenticator, or uploading expenses? Which would mean using a personal camera phone in work time would clearly be in the course of employment.

On the other hand if there's no such term, I agree it looks easy for the photographer to say, "Come on mate, I was just doing you a favour - we can tell because I used my own phone and that has nothing to do with my employment."

 

[Newchodge]

This is interesting. I wonder what @Newchodge has to say about it: is there by now an implied term in employment contracts that you'll bring a smartphone to work, say for using passkeys on Microsoft Authenticator, or uploading expenses? Which would mean using a personal camera phone in work time would clearly be in the course of employment.

On the other hand if there's no such term, I agree it looks easy for the photographer to say, "Come on mate, I was just doing you a favour - we can tell because I used my own phone and that has nothing to do with my employment."

Many employers ask their employees to use their own smartphones for many work-reated activities. I know of some who refuse to employ someone (legally) because they don't have or will not use their own smartphone. However, agreeing to use your own equipmant for the employer's business does not change the rule that something created in the course of employment belongs to the employer.

 

[Lucan Unlordly]

Asked employees to take photos of jobs in progress to send to clients and also use on company website.

Was that to send to existing clients to show that a job had been completed, for company marketing or future promotional activity?

Is there any valid reason for the employee to have taken a photograph for his own keeping? Maybe if it's of a mural painted on the side of a car park etc.,?

 

[UKSBD]

Was that to send to existing clients to show that a job had been completed, for company marketing or future promotional activity?

Bit of both really.
They take photos for their records, take before during and after photos which they send to client to show job as been done well, then user same photos for recent projects pages on their website.

They also need the photos to show to water companies/building control (if asked) to show things are done to regs.

This is a typical example - https://wentworthmolingservices.co.uk/installing-new-water-pipe-under-tarmac-drive/

 

[eteb3]

Sounds like a good opportunity to review the employment contract and make it crystal clear

 

[fisicx]

Is the ex-employee making any claims on their new website stating they were responsible for the project? If so then that's fraud.

 

[UKSBD]

Is the ex-employee making any claims on their new website stating they were responsible for the project? If so then that's fraud.

I don't know.

He just has a gallery of very similar photos on his site and also using similar photos on a services page, no idea if they are ones he took when working for Company A though.

It's not my company; I just help them out

 

[WaveJumper]

I can see how it might be annoying but would think unless there's large sums of money or contracts at stake here it not worth getting upset about, if and when they get a couple of jobs under their belt the photos will probably change.

Has anyone gone down the "simple" route and spoken to him.

On a more technical note when sending the mole down the hole and onwards to the extraction point what happens if it comes into contact with say another pipe or cable, do you scan the route for obstructions first

 

[UKSBD]

On a more technical note when sending the mole down the hole and onwards to the extraction point what happens if it comes into contact with say another pipe or cable, do you scan the route for obstructions first

I don't know a lot about it to be honest, I only look after the website for them.

I can see how it might be annoying but would think unless there's large sums of money or contracts at stake here it not worth getting upset about, if and when they get a couple of jobs under their belt the photos will probably change.

Yeah, I wouldn't go down legal route if it was me.

I think the guy I help out is just a bit peeved because it's an ex-employee.

 

[Paul FilmMaker]

Video production here. It's incredibly straightforward and in my experience, comes down to one element:

Who owns the photos?

If the employee has created photos for their employer in the course of their job, then those photos would most likely belong to their employer unless there is a contractual reason otherwise.

I'll give you an example. My business films for a conference company which has their own filming unit. When they are overwhelmed and need additional assistance, they call us in and we white label. When their employees leave to create their own businesses, they are not allowed to use anything they have filmed. Everything they have filmed belongs to their employer because it is their property.

Normally, if an employee tries to, say, start their own business using footage they have filmed themselves, sometimes on their own equipment, they get a quick phone call to remind them of their contractual position. The next bit is a cease and desist. After this, it's time to get serious in court.