Photography

Check your employment contract. They shouldn’t be able to dictate what you do with non-company photos. To require you to use their presets for your personal work is absolutely insane.

Perhaps you need to make sure your "personal" and your "business" IG pages are separate. I could see why a business doesn't want personal work on one of "their" pages.

If having your own personal, non-work social media account still violates their rules... Well, personally I'd sit down with management to either force them to change the policy or end my contract.

I would look over your employment contract.

It's unreasonable for you to always be advertising for them when you are freelancing or working for another client.

Check your contract.

If that wording is in there, you had better be paid as a full time staff photographer, and very well. What's the copyright status of the images you make on the clock?

If necessary maybe you speak with a lawyer about how to go around this. If there is not a noncompete clause maybe you make your own company and post your work under that name so there isn't an association between your work posted elsewhere and their company.

PPA probably has a few helpful people in their pro forum. You have to be a member though.

You should have separate instagram accounts for personal and business

No company can tell you what to do with your personal life. My company always tried to say I cant do anything even related to what they do cuz its "poaching". I do services they dont provide so its a massive middle finger to em and they cant do shit about it.

Post your shit and if they dont like it, they can buy every single picture you post at a price you choose. Take em to court for "personal involvement". Means they are basically telling you you cant live unless we say so. Then they have to go through the fun part of paying for your housing, meals, utilitoes, etc.

(I can only speak if you're in the US as I'm less familiar with laws in other countries)... Are you a full time employee and they provide your equipment when you're working? If so this is problematic. Alternatively have you signed a contract that stipulates it as "Work for hire" (very specific wording)? If so that's also problematic. In either of these cases any images you are paid by them to create would be theirs and you would not have any copyright claim (I know it's often said that the photographer always has copyright but these are two exceptions... if you're an employee as defined by IRS standards, or the work is contractually "work for hire" in which case the employer owns copyright, not the photographer). You should be free to do anything with the stuff you take outside, but you need to be very clear that it is your stuff and not use any of the company's resources.but there are a few things they could argue (even if they're not in the right) to make your life more difficult.

If you signed a "non-compete" it's going to be extremely problematic for you as you posting your work to social media could be viewed as promoting your services.

Even if you're legally in the clear, then it just comes down to client relations... how much is it worth to you to keep this client happy? I'd try to explain that they aren't paying you 24/7 and they aren't paying you to sit still. You can offer up an additional rate for an exclusive non-compete clause, but you have to be very careful with this and make sure that the money you'd make it worth it to you (honestly I'd have to make it absurdly high myself) or you can try to explain that they are paying for those images and not for your images.

What does the contract say and/or how bad do you need the money?

Are you using their equipment, software licenses, or doing it on company time?

Make a fake alternate persona. "I didn't take or post the photos, Jackie Daytona did!"

It would be a good idea of you keep your personal IG account seprate for work and keep a different account for the photoshoots that you do with yours friend's and stuff

if they're putting their name on it, then you deserve to get paid for it. if they arent paying you for it, they dont get to put their name on it....

What is in your employment contract?

The contract you signed is your guide. Check and recheck everything the contract states.

Anyway why don’t you start your personal website unrelated to the company?

Are you an employee or work for hire!

I think base the decision on whats more important freedom of expression without any limitations or a stable income. Personally a well paying photography jobs are hard to come by so you don’t want to hurt yourself by chasing own goals that may not reward you financially but will creatively.

It’s pretty strict to force a move like that on to someone though but i definitely think you need to have a sit down and negotiate something that works for both.

How do other photographers of your level at the company handle this? See if any of them had the awkward conversation already and take notes.

Did you sign a contract with that clause in it? That seems like a gross overreach

IF this was performing, you get paid twice.

Say you get paid for a series of commercials - but their contract also says "If you're in our commercials, you can't be in any other commercials until the series is over." In which case THEY ALSO NEED TO PAY YOU TO NOT WORK.

Sounds like your employer needs to pay you to be their photographer and also NOT be a photographer anywhere else. And that should be "afford-a-new-lifestyle" expensive.

Tell them no. You don’t get paid from them to take those images

Block them in your social media.

Ask them for that point in the contract, if any.

If they don't change, you must take the leap and stop living sad. Search for other job, where you can freely do what you want to do. Gather a few bucks in that job while you search, but think outside the box... Nobody can stop you from posting on YOUR pages, YOUR personal work and free time photos, YOUR style. If you let them do it, you are already bending to their will, and now it may be harsh to turn it around.

Just be clear with them, or follow up the suggestions here. Shoot anything they will surely dislike and post. Make them taste their own rules...

Where are you located? Seems a very strange setup

“Won’t let me” and “personal” don’t go together. People have to learn to stand up for themselves. The professional photography world is filled with people afraid to say no or take an L.

Unless you signed a non-compete contract and it explicitly says they own any work of yours/you cannot work on other projects, then they cannot enforce it nor can they use any of your images without your consent. They'd need to pay for licensing to do that. Especially if it's on your time, your equipment, your art direction, editing, etc. That photo is legally yours.

I also understand the income issue...if you can't afford to lose the income, then pick your battles, especially if it's an at-will state. If it isn't, then keep everything documented and maybe consider getting your work copywritten so that even if, for whatever reason, things went south, they can't keep or use your images once you leave, they'd need to buy the rights or a license. Always do written communication for the same reason. Your boss sounds...very insecure, to put it nicely and i definitely would NOT trust them to take a moral or ethical approach if it came down to it.

Protect yourself and your work. It obviously has value.

Renegotiate the terms or walk. If you’re valuable enough that they want to be associated with you let them know that association is a two way street.

Ok just use different presets. lol problem solved.

Sounds like they’re getting ready to claim your personal shots as their IP. Get everything in writing and don’t sign anything without a copyright attorney reviewing it.

Quit.

Legally, if you are not at work, and taking pictures for your own enjoyment, they have no contractual right to those pictures, and have no legal right to impose you to have their logo on your personal pictures!!! These were not taken at an event that they hired you. These are your personal!! There is a strict separation between work and personal.

Do a thorough scan of your work contract. Nowhere in it should be any statement regarding what you do when you are not at work!! I highly recommend talking to a lawyer; if they decide to fire you for this; they can lose a lot of money!!! They have no right to any of your personal pictures of trips you have taken, of your family or friends.

Your private photos taken outside of work are none of their business. The work you do for them is to be performed according to their specifications.

I wouldn’t accept that. It depends on your priorities though

Absolutely not. Unless they're paying a hefty premium to reserve your time and copyright outside of working hours, they have no right whatsoever to dictate what you post on your personal social media page.

If you are a 1099 contractor the contract probably doesn't include a bin compete and you have a big say in your working relationship. If you are a W2 employee however, chances are there is a non compete clause in the contract and hence why they ask you to associate your outside work with them.

They are trying to steal your work, time for a new job

Just post it, what are they gonna do, fire you? In that case good riddance.

Separate ig accounts for personal and work. It sounds like a communication issue to me.

Private your socials (re: friends and girlfriend pics). Start a new photography brand without your name on it.

Don't risk a high paying job in a creative field, but they're also locking you down so you can't build a personal brand to launch your own career.

My guess is that this never happened.

Well, first, they’re rude.

Second, I understand it’s your job and maybe if you confront them you may lose it (been there done that, it’s not pretty).

The ideal way is for them to let you post your stuff freely (I mean, it’s yours). But, what I would do, is that I’d open a separate account for my photos (maybe with a pseudonym?), so you can post your photos whenever and however you want. Just don’t let them take your creativity. Be free by your own rules.

Seems reasonable, did you sign a contract or consent that outlines willfull and unwillful usage of images? If not, speak to a legal professional and outline these stipulations. It's understandable if they pay good money(to your standards) then they are the buyer's. Our professional photography is only as the clients willingness to value it by buying. So I'd not have any complaints, Been doing this commercially for over a decade, and get paid we'll for it. Franky, I really don't care for the images they can keep it, it's the creative process that keeps me going. Getting paid to live day in and day out and get paid to do it? Thats just golden for me.

There’s been a lot of focus on the overreach with your personal accounts, but I will note that you should let go of your frustrations with their presets, color, and logo on their photos. The photos you shoot for them should look like their photos. You were hired to work on their style, and it sounds like their style is profitable, so maybe there’s something to it. At least for their audience.

There’s a lot of advice about how to handle your personal work here, but this is a flag I didn’t see commentary about. If you want this to work long-term you’ll find a lot less friction if you go with the flow for their content.

Did you sign any sort of agreement that would let your boss pry into your private life? If not, your boss is likely violating the law. Go on about your life, and post whatever pictures you want on your personal accounts. If you get fired for it you can probably bring legal action against the company you work for.

I don’t know what country you are in, but in the US this kind of thing is not tolerated. We still have workers rights here, for now.

Make another instagram account - post all the photos you want there

Crete another private Instagram account?

I would tell them that unless they want to pay you for the photographs, they remain your IP and they have no say in how you handle IP developed on your own time without them involved.

Yeah, tell them to get fucked. What you do outside of work hrs is none of their business

Weird job you have

Nope. Not a chance.

If you're a contractor (1099 tax form) they can't legally prevent you from doing your own work.

If you're a W2, they need a no-compete clause in your hiring contract, and even then that means you can't operate in the same type of photography they operate in, or at least the same price category (I think, don't quote me on that last bit)

If you already had your IG page before you started working for them, then keep it to post your personal work and create a second account for posting shots related to their business. Anything you post on the account associated with them you can use their presets and logos, but your work is your work and they don’t get to tell you what you can and can’t do with it.

Realize you may have to quit if they’re going to try and force the issue, but you’re going to be better off in the long run if that happens. Remember that you own your personal pictures, not them. They have a claim to the stuff you shoot for them, but acting like they own your personal work as well is just going to cause you problems later on. If you plan on ever running your own photography business, even on the side, you have to draw a hard line between your personal work and work you do as an employee for someone else.

Just start a new IG page anonymously