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Question about rights to pictures - Page 2

post #16 of 26
Quote:
Quote:

Who opens a bakery with very little knowledge about it?



LOL, do you ever read these forums? icon_razz.gif

Seriously, I know how you feel. In my line of work, I produce a ton of printed media. My creations from my mind and onto paper. BUT, they are still the property of my employer. And things I produced with my previous employer are still printed and used today. I make copies (I have a whole hard drive filled with PDFs) of stuff I've done.

Hope you get everything worked out soon.
post #17 of 26
Just because a company can require salaried employees to work more than 40 hours per week doesn't mean that they can get away without paying for overtime hours. There are few exemptions...

http://www.dol.gov/whd/regs/compliance/fairpay/fs17g_salary.pdf
post #18 of 26
Quote:
Originally Posted by CWR41

Just because a company can require salaried employees to work more than 40 hours per week doesn't mean that they can get away without paying for overtime hours. There are few exemptions...

http://www.dol.gov/whd/regs/compliance/fairpay/fs17g_salary.pdf


Exactly...to be considered an exempt employee there are three tests: minimum compensation, salaried, AND job duties. It would be tough to argue that baking falls under the administrative, executive, or professional (i.e. requiring advanced education) categories required for the job duties test, regardless if there was business ownership involved.

http://www.flsa.com/coverage.html

If OP's duties were primarily restricted to more advanced decorating the bakery might have a case for classifying her as exempt as a creative professional, but I'm not sure if that's the case and would really depend on how much of her job involved following recipes vs. original creative work.

Given nonexempt status, the aggregate weekly compensation being above minimum wage + min wage * 1.5 for OT is not sufficient to satisfy FLSA, if her contract says she makes X an hour she is owed 1.5*X an hour for all overtime work.

I'm not a labor attorney but this is my opinion of the OP's situation based on the facts presented and the law.
post #19 of 26
Thread Starter 
Well in the state of Louisiana salaried employees are supposed to be compensated for overtime. A friend of mine had it happen to her family's business. The employee filed a grievance with the labor board, had no proof, and they were forced to immediately cut him a check. In my resignation letter I have asked to be compensated for my overtime. There was actually a big to do a couple of years back about overtime violations here in Louisiana. There were so many companies not paying both hourly and salaried employees for overtime and the state cracked down on it.
Everything inside is eatable, I mean edible, I mean you can eat everything!!!
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Everything inside is eatable, I mean edible, I mean you can eat everything!!!
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post #20 of 26
Popping back to the original issue of who has the rights to the pics, I have always been under the understanding that pictures are copyright of the person who took them. For example, if I have a photographer take my family pic at Xmas, I cannot make (legal) copies of that pic without their permission, even though it is MOST obviously a pic of MY family.

Who took these photos? Are they professional pix that someone was hired to take, are they snapshots you took, are they snaps someone else there took? I know there are people on this site that know about this because they moonlight, dabble, or even specialize in photography as well as baking. I am working on that right now. (Let's not even discuss the two freaking thousand dollar camera I bought... I BETTER be good at this!) icon_lol.gif
Melvira: Mistress of the dark... chocolate!

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Melvira: Mistress of the dark... chocolate!

Well that's just great. Peanut butter in my crack.
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post #21 of 26
Thread Starter 
Quote:
Originally Posted by Melvira

Popping back to the original issue of who has the rights to the pics, I have always been under the understanding that pictures are copyright of the person who took them. For example, if I have a photographer take my family pic at Xmas, I cannot make (legal) copies of that pic without their permission, even though it is MOST obviously a pic of MY family.

Who took these photos? Are they professional pix that someone was hired to take, are they snapshots you took, are they snaps someone else there took? I know there are people on this site that know about this because they moonlight, dabble, or even specialize in photography as well as baking. I am working on that right now. (Let's not even discuss the two freaking thousand dollar camera I bought... I BETTER be good at this!) icon_lol.gif



I took the pictures...so if that is the case, then they are mine. I also have a few that were given to me by photographers at the weddings. The rest of the issues I only brought up to show that I am not just some ungrateful employee who wants to go out on her own and wants to use my employers pictures. The bottom line is that if I had been treated with respect like a good employee and partner deserves, I would have stayed with them forever. Honestly, I just want to get this "separation" over with and grow my business. I wish them all the best of luck in finding someone to fill my shoes who will hopefully be able to take their crap...as of yet...no one has been able to.
Everything inside is eatable, I mean edible, I mean you can eat everything!!!
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Everything inside is eatable, I mean edible, I mean you can eat everything!!!
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post #22 of 26
Oh, I absolutely know what you mean! I think you went above and beyond! I would do a little internet looking to confirm, but for the cakes YOU took pics of, you can use them. The ones given to you by photographers like from the wedding or parties, if they don't mind you using them, I can't see how the bakery could stop you. Your work, someone else owns the pix, I don't see the bakery having a leg to stand on! But, laws and such change so fast, I would confirm that with someone who really knows!! Best of luck, sounds like you need to get out there and do YOUR work on YOUR schedule and actually get the credit and pay for it! You go!!! thumbs_up.gif
Melvira: Mistress of the dark... chocolate!

Well that's just great. Peanut butter in my crack.
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Melvira: Mistress of the dark... chocolate!

Well that's just great. Peanut butter in my crack.
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post #23 of 26
On the OT issue, IDK the rules for every state, but in Alaska I don't have to pay my employees OT if I have three or fewer employees (but I do pay it). Perhaps the OP falls under something like this?
post #24 of 26
SaraNichole, the photographer owns the rights to the photographs. No one can use them without the orignial photographer's consent.
post #25 of 26
Umph, I am working through something like this too.

YES people without experience start businesses all the time. They have startup money, they have connections, and they make buckets of profit. They pay their cronies money that has absolutely no relation to the quality of the work. The real labour force gets nothing above minimum wage. Commonly heard is "are you really doing all that work?"

I negotiated a spin-off from the parent company. Got everything in writing. I own what I created which nobody else was ever successful at doing. Not a big market, but it's my work. I took all the pictures with my own camera and the originals are sitting on MY PC at home.

Trouble is, the elderly owner of the parent company is literally losing his memory. He forgets the written agreement and tells people stuff that just isn't true.
post #26 of 26
One thing to remember about the the pictures is that again, she was working for the bakery and while in their employ and on their time she took the photos for their portfolio therefore sounds like they are owned by the bakery. That does not mean that she cannot work out the deal when selling/dissolving her ownership that she can not workout an exchange agreement for the pictures, just right now the bakery owns them even if she took the pictures.
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