comapny in administration - who owns the copyright

[Leigh]

I used to work for a chain of photography studios as a photographer and photographic trainer.
The company went into administration last december and therefore we all lost our jobs.
While working there I took several shots that were model released but the copyright was still owned by the company.

As i said, the company went into administration however somebody has bought out the name and reopened some of the studios.

My question is, who would own the rights to the pictures I shot?
I would like to be able to use them on my website and in my portfolio's but obviously wouldnt want to get in any trouble. As the company went bust who would then own these rights? does it go back to the customer? does it go to the photographer? does it got to the administrators? or are the rights for these pictures stuck in copyright limbo?

 

[JIP]

I think it depends on the policy of the individual company. I know I have shot weddings for a studio for about 5 years and I was never able to use 1 image that i shot for them. This was the policy of the people I worked for and I was accepting of it when I started so this is what I had to accept. I guess techinically you could sue them for it but is it worth the legal fees???.

 

[Big Mike]

It's probably best to ask a lawyer in your area.

I'm not sure what you mean when you say 'went into administration'...do you mean bankruptcy?

I would think that if the company owned the copyright, then it would stick with the company even when someone else took it over. It would be no different than a piece of equipment or other asset that the company owned.

As for using it in your portfolio...I guess that's up to them. I don't think you would be breaking any copyright laws by using it for your personal portfolio...but again, ask a lawyer in your area.

 

[Leigh]

Yeah when they went in to administration the went bankrupt.
I have used a few of the pics in my portfolio when applying for other jobs but i want to advertise myself as a photographer and ive got a stand booked at a local festival.
I was going to get one of those photo books printed with all my work as a sort of brochure type thing to have on my display but didnt want to use those pictures and get in trouble for it.
There are only a handful of pictures that i want from this set but they are some of my best work.... Really stuck!!! Dont know what to do

 

[Leigh]

no other takers then?

 

[Alpha]

The new company owns the copyright. You might contact them and ask if they'll either give you permission to use the images you shot with the old company, or ask if they'd be willing to batch license a set of them to you.

 

[KevinDks]

It depends. An Administration Order is a legal procedure which aims to preserve the company as a going concern, and/or to provide a breathing space to come to a formal arrangement with creditors or, failing that, to get more for its assets than in a Creditors Voluntary Liquidation. You can't assume that all of the assets (including the copyright you mention) were sold to the same buyer, although that may be the most probable answer. It is feasible (if unlikely) that no one bought the copyright - I'd suggest you ask the Administrator.

Kevin (who used to do that for a living)

 

[Iron Flatline]

Just put them on your website if all you want to do is advertise your skills, if they want you to stop they'll send you a cease & decist order. You can still take them down then.

Don't print a lot of pamphlets though, that makes it harder to remove and it would be easier for them to ask you for money.

If you're not rich, nor earning a lot of money off these shots, they're not going to waste legal fees to sue you - they'll just ask you to stop.

If you want to earn money off the shots you're going to need to have clear title to them.

 

[skieur]

Yeah when they went in to administration the went bankrupt.

FYI, the correct term is "receivership" not administration.

skieur

 

[KevinDks]

FYI, the correct term is "receivership" not administration.

skieur

No, they are different procedures, although both feature the appointment of an Insolvency Practitioner. He could be appointed as Administrative Receiver by the holder of a floating charge over the company's assets (e.g. the company's bank) or as Administrator by the court, on the petition of the company itself. Canadian insolvency law is pretty much the same as British (which is what Leigh was talking about), but I think receiverships may still be more common there than they are here, where Administrations are used much more frequently now.

Kevin