Partnership with no contract?

[LoriL]

A friend asked me to start a photography business with her about 9 months ago. I jumped in with no contract or anything in writing. STUPID!!!! It was set up as an LLC and I was given 10% of the business. I didn't ask for that, they offered and they said it was to be a partnership, 50/50, on everything.

I was honest from the start and said I could not contribute anything financially. Her husband is a doctor and they both said that was fine that they would take care of the startup costs. They bought me a new camera at first and a few months later a new lens. We have been making a little money here and there and have put it all back in the business. I got my first $200 paycheck just last month.

I now have to step out of the business. I have contributed personal things to the business (props) that worked with my 'style' of photography. I was not reimbursed for them. They now want my props and are accusing me of sabotaging the business by not giving them to them. They told me all pictures I took are property of the business. (I have some photos that are reusable that I worked my behind off to take and create art with them) They are still showcasing all of my work on the website. I want it removed but they said the pics are property of the business. (No one on the website has ever signed a release form.) Do I have the right to use the pics I took while 'working' for them? Was I really 'working' for them if I never got paid?

HELP!! What do I do?

 

[Michael Wechsler]

It's a bit of a mess and debatable, actually. At the very least, you can claim co-ownership and it would be difficult for them to debate. They never compensated you for all the work, from what I can see. Perhaps the best way to resolve is to let them know that, unless you can come to an agreement, you intend to send takedown notices to the web site owner about copyright infringement.

I won't go into detail because the answers to your questions are all fact specific. In short, it's difficult to say whether you were an employee or a consultant without a "work for hire" agreement. I would argue you were the latter, which makes it ambiguous as to your ownership interests in the photos. It's all very messy and the solution you have with them is cleanup and settlement. Good luck.