can anyone help to answer my question regarding canadian law

one of my friends was working in a small wedding decoration company, after he finished backdrop, head table decor and chair cover decor at wedding venue, he took a picture of them by his own cell phone and kept it as the works he have ever taken part in. and his company owner also took a picture of them posted it to company website as the recent works. few months ago, my friend left the company and started his own wedding decor business, build up the website and put up the wedding decoration pictures he ever took, and also use those pictures to promote his business, then the company owner that he ever worked for knew this, called my friend and asked my friend to take off those pictures from my friend's website, otherwise he will find a lawyer to file lawsuit to my friend, my friend feel confused, he feel this look like a threat from business competitor. but he is not sure if he can use those pictures to promote his business. does he need to remove those pictures from his website by the law?
thanks for your time reading and sorry for my english if you dont understand what I said above.

 

When you get hired usually you sign a contract. In that contract there is always a fine print. If that fine print says that an employee cannot start his own business or use the materials he had at his disposal at the place of employment for XX number of years or in XX mile radius after termination then, no, your friend cannot use those images since they were taken while he was still employed at that company.

I hear Stanley Steemer wins every time (shuts a business down and collects $4k+ in fines) someone leaves them to start their own carpet cleaning business. Stanley Steemer employment contract clearly states what you can or cannot do after leaving their company.

Will your friend's former employer sue your friend? I doubt it. Who would want to spend thousands in fees for a few pictures? Sounds unrealistic to me.

 

when my friend got hired, that wedding decoration company was just start-up, my friend got paid by cash, not even mention of signing any contract or agreement. now my friend start up his own business, the former employer feel this is a threat to their business, because its a competitor to them. I think they felt pissed off when they saw those pictures my friend use to promote business, because the decoration in the pictures were done during my friend employment before, but my friend told me he took those pictures and also finished some decoration works in each wedding event in the pictures.
currently my friend just received a warning call which requested to remove the pictures from website, he is not sure if former employer will take further action, my friend tried to keep those pictures in the website if possible, because those pictures are the decoration works he finished in the past, they are very important to my friend potential client. he just doesn't know if he need to remove the pictures by the law, he knew the former employer much during his employment.

 

sounds like he just cares about the pictures. he was paid by the other company to make those, so he can't use the pictures of any unless he did them himself and weren't working for another company

 

yes, I think he cares about the pictures because the pictures are important to his current business promotion(you know, he just start up his own business, he need some works he have finished in the past) he took the pictures by his own cell phone and he is also part of the team that finish all these decoration works altogether. That company owner felt angry, I think there are two reasons, one is my friend is a competitor, the other one is that company also has some same decoration works to my friend's, and they are just in different pictures.

he told me he took these pictures by his interest before, on every wedding decor event that he worked on, he finished most or partial decoration works, he felt its beautiful, then took the picture, now he starts his own business by part time, he want to use these pictures, because he thinks he own these pictures, but the decoration works in the pictures are most or partial done by him. my another friend said 'just ignore that warning, its a bluster, that company owner saw my friend start his own business and felt jealous, if they want to file a lawsuit, just bring it on, haha'.

 

What part of 'the other company own that work' are you having trouble with?

 

currently my friend just got a warning call from that company owner who asked my friend to remove the pictures from my friend's website, i think if that company take further action and send a lawyer letter to my friend, maybe it will say that company own the decoration works in the picture, so that my friend cant use the pictures. I was suggesting my friend to purchase some decoration works picture on photostock site.

my friend just want to know if its legal to use the pictures on his website or use to promote business in the law. because we are not lawyer, we need someone who know more and better about law to answer. I told my friend the bottom line is to remove the pictures.

 

He should just make up some samples as they wouldnt be his work either

 

currently he has few wedding decor events, but they are in next couple months, we know if he finish these events in this years, he can have his own works and pictures. the things is he is so familiar with the decoration works in those pictures, he feels sad to let them go off the website.

he told me his potential clients always ask him to show them some samples or works he finished in the past. without the pictures, I think its hard for him to promote business in local area and convince potential clients.

 

showing them in person is a lot different, maybe if he posts "while working for xxxxx" he will make the old company happy... or just show people and tell them in person

 

yes, showing them in person is a must do, but he still need the pictures in his website and also need the pictures to put on some local classified site to promote business, like kijiji, craiglist, etc. currently he totally rely on internet promotion, because it brings him good result. he hasn't tried local advertising like deliver flyer, poster. I suggest him to buy some decoration photos online, actually he knows that company owner well, doesnt want a fight, the one who will get big benefit is the lawyer. do you know where to buy wedding decorations photos at cheap price? just need 30 photos around. I google search, the big website like shutterstock, istockphoto have monthly subscription that cost $200 with 350 photos around, but I dont need that much.

by the way, thanks for your suggestion
'maybe if he posts "while working for xxxxx" he will make the old company happy'
if that old company is big and famous in my local area, your idea is good to him, because it can give him good reference and increase his popularity, but actually its also small company with couple employees

 

thanks for pointing out, my friend just told me he can rent a wedding venue and set up some decorations with different design, then take some pictures as work samples. Thinking he knew ex-employer well, he doesnt want a fight, because he was working for ex-employer, he got the chance to learn this skill and start his own business now. He think wedding decoration business still has big market in my local city, barrier to entry is small, just need more promotion online and offline. Funding is not a problem for this business, because you can use the materials again and again, sooner and later you get ROI. Its not like restaurant, supermaket, if the goods dont sell out, they will go bad and put into garbage at last.
somehow I think why professinoal photographer can take pictures of somewhere, then use the pictures and even sell them for fortunate, maybe its different story.

 

Just take the pictures down. Problem solved.