intellectual property....sorta

[Mazstyle]

Ok long story short:

I own a company and it is incorporated. I did work on a contractual basis for another company which involved building/modifying portable structures.

Contract was verbal and very basic "I'll do that for this price" type thing.

I'm now using photo's that I took, of the structure for advertising. They are coming at me claiming that I can't, keep in mind we are now competing for the same market so clearly they want me out.

I know if I was an employee and had left a company I can't claim that as my own work, but being the fact my company modified said structure I think it's different?

any insight?

[Kloubek]

I BELIEVE this to be correct:

You did work as a private contractor. Unless you signed some sort of non-disclosure statement, you can use the pictures.

It is just like a concrete company using a patio they made in their portfolio.

[Ruggzy_McTuggz]

My thinking is along the same lines as Kloubek. As an employee of a company they often have you sign a document stating that anything you come up with while under their employ, is theirs to do with what they please.

As and independent contractor, unless you signed such a document, I think you are in the free and clear.

[Thaco]

you took the photo, it's your property

[BlackArcher101]

How are you using it for advertising?

Just so I understand... you modified an existing structure of theirs, and are using a photo of that entire structure as advertising for your own product? Are you advertising the entire structure or the modifications that you do to the structures?

[Mazstyle]

Originally posted by BlackArcher101
How are you using it for advertising?

Just so I understand... you modified an existing structure of theirs, and are using a photo of that entire structure as advertising for your own product? Are you advertising the entire structure or the modifications that you do to the structures?

Yes and both.

[BlackArcher101]

The way I understand it, your IP is the modification only. If the photograph contains a majority of other IP which is not yours (ie, the structure which existed before you made the agreement), and you are advertising this as your product, there could be an issue with that.

Let's say company B welds catwalk onto a trailer owned/manufactured by company A. Company B takes a photo of the trailer with the new catwalk. Company B decides they want to start manufacturing their own trailers (and catwalk), so they use this photograph to advertise, saying this is previous work. However, only the catwalk is previous work and this may be looked upon as you also manufactured the trailer which is false.

This is what I've heard from previous experience. The touchy area here is you are using it for financial gain, which makes this a different subject than "you took the photo, you own the photo". Of course you should obtain actual legal advice here.

[Mazstyle]

The "portable structures" are shipping containers. I understand what you're saying with the trailer comparison BUT they didn't make the original structure - I made it into what it was.

Anyhow, I've written a strongly worded email I'm going to sleep on it before I hit send.

[BlackArcher101]

I don't see a problem then, as I used to get sea-cans modified with doors and windows by contracted welders. My company at the time didn't have a problem with it as long as any trademarks or company logos were not visibile in the photos. Meaning take the photos with no paint or with a white primer only. They didn't like to see the company colors or their logo on someone elses advertising.