What does "a work prepared by an employee within the scope of his or her employment" mean? I was a VP of a construction firm. Before being hired by that firm, I owned my own business doing the same kind of work. During my employment with the construction firm, I took photos of work I completed before being hired by that firm. During my employment I did allow the firm to use some photos of my pre-employment work in their advertising. I am now using the photos in my own advertising, and my former employer is claiming that the photos belong to them. Who is right and what can I do about it?

The photographs are protected by copyright and the question is who owns the copyright to the photographs that you took. I assume that the pictures that you took were of work you completed was actually construction projects of your employer. If you took the pictures as part of your work for your employer, e.g., you are routinely expected to keep a portfolio of the company projects that you work on, then you probably have no claim to the ownership of the photos while you might if that is not the case.  A separate question is your right to claim that these projects of your former employer are your projects and for you or a company that employee's you to use these photos in advertising when they are projects of your former employer.