Archived posting to the Leica Users Group, 2000/04/26
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At 03:32 PM 4/26/00 -0700, you wrote:
>Austin is correct.
>
>For photographic copyright info, go to:
>
>http://www.asmp.org/publications/pubs/copyrightguide.html
>
>for complete language.
>
>In short:
>
>Work for hire exist automatically in the case of an employee taking
>photographs for the employer. As provided in the copyright law, no
>agreements are required. The copyright belongs to the employer.
>
>An independent contractor ("freelancer") can do a work for hire only in
>certain circumstances. First, the work must be commissioned, that is
>specifically ordered by someone, and if it is commissioned, it can be a
>work for hire only if the photograph comes within one of the nine specific
>categories enumerated in the copyright act as qualifying for a work for hire:
>
>Contribution to a collective work
>Contribution to a motion picture or audio-visual work
>Translation Supplementary work
>Compilation Instructional text
>Test Answer material for a test Atlas
>
>Jim Brick, ASMP
But this is the opposite of what Austin is saying. He says that all rights
to any photograph that is commissioned belong to the employer. That is not
true. The copyright remains with the photographer unless he/she is an
regular employee with all the benefits of employment, as you say. My files
are full of photographs that I have done on assignments but the
one-time-rights to use those photos were leased to the buyer as specified
in my contract. If they want to use the photographs again, they will have
to pay me again. Anyone who is interested in copyrights and photographers'
rights should join EP (Editorial Photographers) in addition to ASMP. EP is
very influential in getting rights-grabbing contracts by publishers revised
and helping photographers write their own contracts. Information here:
http://www.editorialphoto.com/
Tina Manley, ASMP
http://www.tinamanley.com