Photography ownership?

[Chicagochicago]

Jurisdiction

Illinois

Hi, I'm working for a construction company in Illinois.
A major part of my job is to take pictures of each property before, during, and after the construction. I've been using my own camera and flash drives. I'm also responsible for using those photos for marketing purposes, website, social media, advertising etc.

I want to use the photos I've taken for my own website. I never signed a NDA or form about using the photos else where. I want to know if I'm the owner of these photos and if there will be legal issues for doing so.

 

[Tax Counsel]

I want to use the photos I've taken for my own website. I never signed a NDA or form about using the photos else where. I want to know if I'm the owner of these photos and if there will be legal issues for doing so.

Assuming that you are an employee of the construction company then the photos are almost certainly works for hire because they were works done by you within the scope of your employment. If it is a work for hire, then you employer owns the copyright in the photos you took. That would mean that using the photos on your own website without the express permission of your employer would be copyright infringement. The lack of a non disclosure agreement (NDA) would not help you with this problem.

 

[adjusterjack]

When you take photos as part of your job duties, your employer owns them regardless of whose equipment you use. That you never signed anything doesn't matter. It's copyright law.

Yes, there could be severe legal issues for using them without the consent of your employer.

You could lose your job over it and get sued.

I suggest you ask your employer for consent and get it in writing.

 

[mightymoose]

I agree. Simply ask the employer if it is alright to use the photos.
If they aren't being used in some competitive way the employer may not care.
If you are given permission be sure to get it in writing, just in case someone later "forgets".

 

[zddoodah]

I want to know if I'm the owner of these photos and if there will be legal issues for doing so.

The copyrights in the photos are owned by your employer because, according to you, they were taken in the course and scope of your employment. This isn't an NDA issue. If you want to use the photos for some other purpose, you'll need your employer's permission or will risk being liable for copyright infringement.