Q: Can I ask them not to use my photography if I was a contractor and the job exceeded scope and pay?

A: Based on the situation you've described, you may have some rights regarding the use of your photography. Here's an analysis of your position:

Copyright Ownership:

As the photographer, you automatically own the copyright to the photos you took, unless there was a written agreement stating otherwise or they were created as "work for hire."

The fact that you used your own equipment (phone, editing software, computer) strengthens your claim to ownership.

Lack of Written Agreement:

Without a signed contract or agreement, the terms of your work and the rights to the photos are not clearly defined. This can work in your favor, as it means you haven't explicitly signed away your rights.

Scope of Work:

The job appears to have exceeded the original scope discussed when you were hired. This could support your argument that the photography was a separate project beyond your regular duties.

Compensation:

The flat fee of $400 per month seems inadequate for the extensive photography work you performed in June. This could support your claim that this work was outside the scope of your regular duties.

Limited Usage Permission:

You only sent about 1/5 of the photos to their Google Drive for approval. This could be interpreted as granting limited permission for use of only those specific photos.

Legal Options:

Copyright Infringement Claim:

You could potentially claim copyright infringement if they use photos beyond those you explicitly shared for approval.

Cease and Desist:

You can send a cease and desist letter requesting they stop using your photos or negotiate proper compensation for their use.

Licensing Agreement:

You could propose a licensing agreement for the use of your photos, which would allow you to retain copyright while granting them specific usage rights.

Negotiation:

Attempt to negotiate fair compensation for the extensive work you performed and the continued use of your photos.

Recommendations:

Document everything, including any communications about the scope of work and the photography project.

Consult with an intellectual property attorney to understand your specific rights and the best course of action.

Consider registering your copyright for the photos with the U.S. Copyright Office, which can strengthen your position if legal action becomes necessary.

Approach the company professionally, explaining your position and seeking a fair resolution before considering legal action.

Remember, while you may have a valid claim, legal proceedings can be costly and time-consuming. It's often best to attempt to resolve such issues through negotiation first.

A: 1. Copyright ownership:

Generally, the creator of a photograph owns the copyright to that image, unless it's considered a "work for hire" or there's a written agreement transferring the rights. As a contractor without a signed agreement, you likely retain the copyright to your photos.

2. Implied license:

By uploading some photos to their Google Drive, you may have granted an implied license for the company to use those specific images. However, this doesn't necessarily extend to all the photos you took or grant them unlimited usage rights.

3. Scope of work and compensation:

The significant increase in workload without additional compensation could be seen as exceeding the original scope of your agreement. This might strengthen your position in arguing against their continued use of the photos.

4. Lack of written contract:

While this makes the situation more complex, it doesn't necessarily mean you have no rights. Verbal agreements and implied contracts can still be legally binding, though they're harder to prove.

Given these factors, you may have grounds to:

1. Request that they cease using your photographs, especially any that weren't uploaded to the Google Drive.

2. Negotiate additional compensation for the use of your photos, particularly given the extensive work that went beyond the original scope.

3. If they refuse to cooperate, consider seeking legal advice about potentially pursuing action for copyright infringement or breach of implied contract.

Steps you could take:

1. Document everything: Compile all communications, work logs, and evidence of your photography work.

2. Send a formal written request (via email or certified mail) asking them to stop using your photos and explaining your position.

3. If they're amenable, try to negotiate a fair agreement for the use of your photos.

4. If they refuse, consider consulting with an intellectual property attorney to explore your legal options.

Remember that while you may have a case, legal action can be costly and time-consuming. It's often best to try to resolve such disputes amicably first.

Finally, this situation underscores the importance of having clear, written agreements in place for freelance or contract work, especially when it involves creative content like photography.