Advise needed on giving them away...

[jumpinminnow]

Got myself into a bit of a pickle at work. My company is a service provider to a large urban real estate company here in Houston. Since I'm the picture guy I got security clearance to shoot three complexes (some from public areas, but most from private) for our renewal presentation.

The images were a big hit with the client and some of our corporate folks from Chicago took notice as well. This is my problem...

They want to use some of my images for marketing nationally. I explained to my boss that although I had (informal) permission to shoot for the presentation, the client might take issue with the new use and we should make sure in writing they're fine with it. He responded that he didn't think they'd have an issue and to proceed.

I really don't want to be left without a chair on this so I emailed corporate that I would be glad to transfer ownership of the images to the company and with it all legal responsibility for any future use.

Do you think this is a smart play or am I overreacting? How do I officially transfer ownership or can I?

[HotHolly]

Why would you sell or give them full rights? I must be missing something. If there are people in the images and they are being used for ads you need releases or you may get in trouble. I had a wedding venue knowingly use my shots in their location (took it from me w/out permission) and printed it up with all their info they give brides. They knew it was a no no and did it anyway. It seems like many businesses are waiting for the handslap rather than behaving ethically the 1st time. And its rare that you would release 100% of your rights to the images.

[Angelo]

Russell, I think what you want is a release from any liability having the client come after you and your company. I agree.

However, I would not push it. Just make sure that there is some evidence, that you were opposed to using the images without written permission.

I would imagine, even an email discussing your point should protect you.
I'd check with an attorney just in case.

[Bruce M. Morris]

Russell, I am unclear on some things. Are you an employee shooting photos? As such you dont have the legal responsibilities but should probably contact your company's legal to let them know your concerns. If you are a contracted shooter, then you need to let the company know that you CANNOT use the photos for other purposes without clarifying the rights with the property owners. Does this make sense to you?

[jumpinminnow]

Thanks for the responses. I am an employee not an individual contracted to shoot. I am under the impression that since I shot the images with my equipment outside of my normal job description that I am the owner of the images and therefore would have primary responsibility for how they are used.

My goal would be to have a documented transfer or definition of ownership to the company to release me of any liability in the unlikely event of a lawsuit.

[Bruce M. Morris]

I think your best way to deal with this is to talk with your company's legal dept/lawyers. Let them know what you are seeing as the situation and what you see as potential liabilities if your company doesnt use the photos in the way that the client understood. THEY will be able to work out the details and also to talk to corporate to keep you from getting in more of a bind. Who knows, they might reward you for keeping them out of a legal mess!!