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Home » Employment Law » Self Employed Subcontractor Photo Rights

16/09/2011 22:31:52

GFL Solutions
GFL Solutions
Posts: 1
Hi There,

Not sure if I am asking in the right area but here goes and hope you can help.

I am self employed and recently started working as a sub-contractor for a fencing / landscaping company.

I have taken photographs of my work, but have been told from the company that I am not allowed to use them on my website or for my own advertising as I do not have the rights, even though I have done the work from start to finish.

Are they right in what they say?




In addition when I receive my wages should I get a statement of deductions every week with a once monthly statement as I have been receiving a cheque with no payment remittance and therefore do not know if they are taking the tax deductions and submitting these which concerns me.




Any advice would be of great help.

Many thanks.
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22/09/2011 11:26:39

www.clicklegalservices.co.uk
www.clicklegalservices.co.uk
Administrator
Posts: 374
There are two issues here.
As regards the "copyright", we are not intellectual property lawyers and cannot give any definitive advice, but as a general principal, if the work was carried out by them for the owner, and they "employed" you for the purposes of the work which they paid you for, then the rights really I think, stay with them. I think in this situation - unless you agreed with them to the contrary you would be treated as having no better "rights" than an employee - and generally with employees, anything done on the employer's time/behalf belongs to them. I think perhaps next time before you start, try and agree with them in advance?

As to the deductions, if you are an "employee" - rather than a self employed subcontractor, yes of course you should receive an itemised pay slip. I think a call to HMRC may be the answer as regards whether they have been so paying. If you are truly self employed, you are responsible for your own tax and NI. You have to keep business records and details of income for the self assessment tax return. Also, depending on income, you need to register for VAT.
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