San Antonio, TX asked in Employment Law, Copyright and Intellectual Property for Texas

Q: can i get in trouble for using pictures i took for work, for personal matters?

for personal matters, not to sell the pictures

2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: If the pictures were creative works, you could be violating your former employer's copyright interests in such works. Typically, under the work for hire doctrine, the copyright for creative works made by an employee belongs to the employer, not to the individual employee that created them. This can be modified by your agreement with your employer.

Whether your use of the picture violates your former employer's copyright depends on how you intend to use the picture. For example, it is not unusual for a professional photographer to maintain a portfolio of past works to show their level of skill and ability to future employment prospects. Such likely constitutes "fair use" under copyright laws. On the other hand, selling the picture to someone else is very likely a copyright violation.

It is always safer to describe how you intend to use the picture and to ask your former employer's permission first.

Daniel Michael Luisi agrees with this answer

Jaime Victor Papa
Jaime Victor Papa
Answered
  • Plano, TX
  • Licensed in Texas

A: I would need to see the agreement you signed from your current employer.

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