Trouble in Paradise
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WWYD - Former employer wants favor

So I mentioned in Motzie's thread that I was laid off from a job like 4 years ago. The company had lost a huge chunk of their regular business and just didn't have the work or money to keep everyone on. I was one of two people doing the same job and the other one had been there longer and was a close personal friend of the big boss.She was also pretty incompetent, but whatevs. She's a sweetie and we're still friends on Facebook.
So I use to use a lot of my own photography in print materials that we put out and share them with this coworker. I sell on a couple of cheapy stock photography sites and have a pretty good collection.
I just got a FB message from the former coworker. You know, the one who kept her job. To paraphrase:
Kiss up, kiss up, kiss up. I have your old photo files. We're putting together a relocation guide. Can I use your photos? [for free is implied - she knows that anything I have is available on my iStockPhoto account with a proper license and I know that they do not give her a budget.]What kind of photo credit would you like me to use?
Kiss up, kiss up, keep in touch!

I like her personally, but the company as a whole is borderline evil. They never gave us what we needed to do our jobs and this just shows that is still going on some four years later. But I don't want to be all bitter and make her life harder just for the fun of it.

So would you let her use the photos?

 

Re: WWYD - Former employer wants favor

  • I'm putting my current employer in your former employer's place in my mind when I answer, no fvcking way. But I'm also filled with blinding rage because I just found out the boss's incompetent daughter makes twice what I do to sit on her azz all day. 
  • Hell-to-the-No you do not let them use your work for free. You respond with :

     

    "Absolutely! I would be honored if you were to use my work, even in my absence. Please feel free to visit the iStockPhoto account and purchase the license. If you have any problems with the system, just let me know! Happy Holidays, XS."

     

    At the very least, this will force them to say, "Oh, no, we mean for free," and then you can be all, "Oh. No."  

  • I'm with the PPs. I wouldn't.
    image "Evolutionary game theorists...ignoring beebees on the nest since 2005"
  • The problem with saying no is that most of the time when you get a job you have to sign a clause saying that anything you create for the purposes of your job while working there is the intellectual property of the company, not you.  I don't know if this is the same for photography, but I know that any code I write here and any products I develop aren't mine and I'm not allowed to take them with me when I leave.

    If you didn't have something like that in your contract, then I say don't let them use it without at least re-imbursement.  I know you like her, but this isn't between you and her; it's between you and your former employer.

    Unfortunately, if there is something in your contract like what I have, and you used those photos for your job, they probably became the company's property at that point and you might not have a leg to stand on legally.  Which sucks... because we all know how little we want to go on helping people who have screwed us in the past.

  • imagefeinicstine:

    The problem with saying no is that most of the time when you get a job you have to sign a clause saying that anything you create for the purposes of your job while working there is the intellectual property of the company, not you.  I don't know if this is the same for photography, but I know that any code I write here and any products I develop aren't mine and I'm not allowed to take them with me when I leave.

    If you didn't have something like that in your contract, then I say don't let them use it without at least re-imbursement.  I know you like her, but this isn't between you and her; it's between you and your former employer.

    Unfortunately, if there is something in your contract like what I have, and you used those photos for your job, they probably became the company's property at that point and you might not have a leg to stand on legally.  Which sucks... because we all know how little we want to go on helping people who have screwed us in the past.

    This was not work for hire and was not covered by any intellectual property creation agreement. My position was not taken nearly seriously enough for them to have bothered with the latter.

    Of course, all of the files that I created while being paid by the company belong to the company. These are photos that I created on my own time with my own equipment, most before I ever worked for the company.

    And yeah, I need to separate my sympathetic feeling for the former coworker and send her the link to my iStock account with the request that they purchase a license or not use my work.

  • imageXSailoretteX:
    [

    This was not work for hire and was not covered by any intellectual property creation agreement. My position was not taken nearly seriously enough for them to have bothered with the latter.

    Of course, all of the files that I created while being paid by the company belong to the company. These are photos that I created on my own time with my own equipment, most before I ever worked for the company.

    And yeah, I need to separate my sympathetic feeling for the former coworker and send her the link to my iStock account with the request that they purchase a license or not use my work.

    In that case 'eff 'em.  Get paid.  Yes

  • imageMKESweetie:

    Hell-to-the-No you do not let them use your work for free. You respond with :

     

    "Absolutely! I would be honored if you were to use my work, even in my absence. Please feel free to visit the iStockPhoto account and purchase the license. If you have any problems with the system, just let me know! Happy Holidays, XS."

     

    At the very least, this will force them to say, "Oh, no, we mean for free," and then you can be all, "Oh. No."  

    Precisely this. And when she says "Oh, we don't have that in the budget" say "Oh, I'm so sorry; but I can't afford to have my work used for free. Good luck finding something, and thanks for thinking of me!!!"

    SO SINGS MY SOUL *WHAM!* MY SAVIOR GOD TO THEE *WHAM!* HOW GREAT THOU ART *WHAM!* HOW GREAT THOU ART *WHAM!*
  • Ditto the PP, direct her on how she can purchase the rights. Let her know that without doing that, she does not have your permission to use the images.

  • imageSue_sue:
    imageMKESweetie:

    Hell-to-the-No you do not let them use your work for free. You respond with :

     

    "Absolutely! I would be honored if you were to use my work, even in my absence. Please feel free to visit the iStockPhoto account and purchase the license. If you have any problems with the system, just let me know! Happy Holidays, XS."

     

    At the very least, this will force them to say, "Oh, no, we mean for free," and then you can be all, "Oh. No."  

    Precisely this. And when she says "Oh, we don't have that in the budget" say "Oh, I'm so sorry; but I can't afford to have my work used for free. Good luck finding something, and thanks for thinking of me!!!"

     

    All of this!  DO NOT give it to her (the company) for free.

  • imageXSailoretteX:
    So I use to use a lot of my own photography in print materials that we put out and share them with this coworker.
    I have your old photo files.
    You've already used your photos for print materials with this company and they still have said files? If you left the files with them when you left the company, I say they are theirs.

    Wut? Image and video hosting by TinyPic Baby Birthday Ticker Ticker
  • imageMyPunkinPie:
    imageXSailoretteX:
    So I use to use a lot of my own photography in print materials that we put out and share them with this coworker.
    I have your old photo files.

    You've already used your photos for print materials with this company and they still have said files? If you left the files with them when you left the company, I say they are theirs.

    I left the files. Not the right to reproduce them.

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