If an employee takes a photo in his place of employement, who owns the copyright...employer or employee?

Question

The employee used their own camera.

This question was raised in a forum and piqued my curiosity as a (non-professional) photograher. This is what the poster explained:

"[The employee] took 3 pictures at her place of employment for her own enjoyment. Her boss commented upon seeing them "oh those are nice, will you send them to me?" - which she willingly did (maybe a mistake). Weeks go by - she eventually retires/resigns. A few more weeks go by. Just this week she finds an ad for her place of employment with crops of those exact pictures in the advertisement!! No credit is given on or near the photographs. (though I dont think most of the magazine ads gives photographer credit)."

Answer 1

who had time to get a copyright?

Answer 2

The question of copyright doesn't normally apply to who took the picture but where (or sometimes of whom) the picture was taken. If the picture is taken from public property or from personal property belonging to the employee than the picture is the copyrighted material of the employee. If the picture is taken on the private property of the employer then it legally is bound to that employer.

Answer 3

I would get fired if I took a picture at my job. No cameras allowed. If the company has a stated policy about pictures then it would spell out what would happen.

Answer 4

was it on company time? was it in the work place, was the employee hired to take pictures for the employer?

Answer 5

I would say the employee, being it is their personal camera.
If it was the employers camera, then it would be the employers copyright.

Answer 6

Employee you can't say the houses soap it's your soap you bought it. Same thing goes for the camera.