Enquiry for royalti
Anirban Bhattacharya
(Querist) 26 February 2013
This query is : Resolved
dear sir
this is to inform you that i am working for sun pharma for last 7 years and in the year 2009 they have publised and circulated my self taken photographs as a table top calender for the promotion of two products ie letroz and ananbrez and circulated though out india among doctors as a promotional inputs. they have never ever gave me any mononetory benefit and or royelty for the said 12 photographs of leh and ladakh. they have mentioned in the top page as photograph taken by me. sir, now sun wants me to resign or leave my job, which i protested and they ultimately transfered me to coimbatore from kolkata leaveing my mother, wife and son. i am appealing to hr for transfer on humantarian ground but they didnot yet responded to my mails and over ph they asks me to resign. i have given so much to sun , and can i now claim for royelti for the calender they published and circulated. resently my father passed away, i am the only male member, and my wife is working in govt sector in kolkata and leaving with my aged mother and minor son. can i get the royelti though doing service of sun? and what will be the moneytory claim, and how to proceed?
i need help for this.
hoping for your kind favour.
regards
Guest
(Expert) 06 March 2013
In an employer-employee relationship, employer has exclusive rights over any artistic, creative or inventive works, so your employer is not bound to give you any royalty for those photographs, which you had taken in the course of your employment.
Thanks,
Anirban Bhattacharya
(Querist) 06 March 2013
sir,
i would like to inform you that the photographs are mine, taken by me by my own camara, and on my own cost. company have used it to gain profit and didnot shared it with me. now what is the rule in this senario?
Raj Kumar Makkad
(Expert) 06 March 2013
You might have raised the issue of royalty when the company was using your photographs taken at your own cost. You might have demanded certain amount for that purpose but you allowed the company at that time and now when your relationship has become bitter, you are demanding this forgotten royalty which legally is not available for you.
It is better to leave the job and move to some other company and while settling the accounts do demand some money against this issue.
Guest
(Expert) 07 March 2013
I understand what you are going through. Take for example, software developers it is the creative minds who are employer behind every project. The company just provides the infrastructure and sometimes employees use their own computers and resources, but the deliverables go to company and in turn its clients and for that, the employee is getting compensated on a monthly basis. That's the end of story. Employees cannot claim both royalty and salary at the same time.
If you are not employed, then you can claim royalty, which is not true in your case.
Thanks,
