copyright question.

[Jason Bergeron]

I have recently started my company and created a website to display my work. My question centers around who holds the copyright to the work. The following is a lengthy explanation of Austria labor classification that is perhaps needed for clarification. Most of the work on my website was created while I was working in-house for various architects, but as a freelancer. Here in Austria there are three types of employee: Freiberufler (freelancer - not allowed by law to work in the office of the person giving the work), freier Dienstnehmer (like a freelancer, but allowed to work in the employer's office since he is paying a percentage of the social insurance), and Angestellter (salaried employee - all social insurance paid for by the employer plus 4 weeks vacation and double monthly salary twice a year).

 

The majority of architects working in Austria work as "freelancers". I put this in quotes because contrary to labor law, we poor saps must work in the office of the person giving the work. While this is technically illegal because they are not paying any social insurance for us, it is largely overlooked by the government.

 

It is in this situation that I made most of my renderings. What would be the consensus here about the copyrights? Am I the copyright holder since I was technically working as a freelancer? It is basically the same as if I was doing it at home. Do you think that I need permission from the architects to use the images?

 

At this point I am assuming that I have a right to use the images to promote my business. I have even gone to the extreme of placing a "copyright of xxxx architects" on the images in question. However, I would prefer not to do this since it gives that impression that I am turning over copyrights that I may rightly own.

 

I realize now after writing all this that I probably need to talk to a lawyer to find out all of the fine points of Austrian copyright law. However, any general ideas or comments would be appreciated.

[kippu]

if you did the images ...as in from scratch then its your render ..the design is the architects for which you should give a mention but i suppose the image is yours unless you had signed otherwise with the architect

[Charles Gaushell]

In most instances here in the US, if you created them while working in-house for someone, then they own them.

 

Freelancer obviously is vague as you described it.

 

If you were paid under a contract, then you probably do. You need a contract to clearly state so with each client.

 

If I were you, I would feel comfortable to use for self promotion, but would mention the architects by name.

 

It is very common to see here in the states architects to show work that they were in charge of at another firm, but they always credit that firm by saying something like "Created while at XXXX firm"

 

Sounds like you need to ask an Austrian attorney about the actual copyright issue.

[shaneis]

In most instances here in the US, if you created them while working in-house for someone, then they own them.

 

Freelancer obviously is vague as you described it.

 

If you were paid under a contract, then you probably do. You need a contract to clearly state so with each client.

 

Same here in Australia.

 

As a side note, Jason, while you are visiting and discussing this with your lawyer, have him draft a contract for you.