Q: In NC, does the company own copyright of creative works if no contract was agreed upon?
I worked as a 1099 Photographer with no contract or agreement for a company in NC. I was wrongfully let go (They are now claiming was a mistake), but my images are still being used for marketing and promotions even after I asked for a cease and desist. After a long wait, the companies legal representative finally got back to me.
They are claiming they own the rights to my images. This is what they wrote, " The employer holds the copyright on creative works (like photography) made while on the job as “work made for hire.” The general NC rule is that, unless there was an agreement to the contrary, the employer holds the copyright on creative works (like photography) made while on the job as a “work made for hire.” As an employee if she did not start off the relationship with a different understanding, and then company owns the copyright to the photos she took while on the job for ."
I was never a W2 employee so I am not understanding why they would ever own the copyright.
It is possible their response is a canned one and uses the term employee.
It is similar rule with contractors involved in creative work
you should contact a local attorney who is familiar with the local regulations
in general the work done for pay tends to be owned by the payor, the one that pays
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.