Photographs and the Independent Contractor
John Burke works for ABC Realty as an “independent contractor”.
When he pulled out his agreement he was surprised to learn that all photographs, videos etc. that he acquired in any way whatsoever were transferred to the Brokerage, during the currency of the agreement.
The Company was the “agent”, not John. It was the company that acquired the licence to use the copyrighted materials through John. It should be noted that John paid for the photos himself out of his own money and he is not to be reimbursed.
So, here, as an independent contractor, it is John’s Brokerage that has the “licence”, which it acquired through John.
This complication makes it just that more difficult for John if someone “steals” his photos and videos over the internet.
Brian Madigan LL.B., Broker