Re: Off topic - who owns ( was RE: [Leica] Ansel Adams, Yosemite NP, and Moonscapes)

[Walter S Delesandri <walt@jove.acs.unt.edu>]

Well, thanks for the comments, Richard.......but as you noted, there (still)
are no answers......as a staffer, (NOT photographer) and as an adjunct 
instructor, I have no job-related push to take pictures.  However, unlike 
most staffers (non-artists/photographers), I do.....and, like everyone 
else, I do at least PART of my "photography" at work.....usually developing 
and printing film I bought on my own paper.  All my color work is done 
on the university's machine.  This was an agreed-to benefit when I came 
to work here, but now I question whether the chairman at the time (long 
gone) even had the right/power to agree to such an arrangement.  I KNOW that 
no one here now would agree to such a thing......tho it's been accepted 
as the "status quo" forever....

To further complicate things (!) my dean's staff 
 REFER photo work to me....we get many requests for photography 
outside the "teaching" realm, and since I have a reputation as reliable and 
prompt, I get the call......I can only assume that a) they intend for me 
to take money for the job, and b) that they KNOW that I do photo work here,
and c) that it's OK.   I doubt that anyone would actually STATE that, tho.....
leaving me in a constant state of limbo.....I'd rather NOT get the calls
(weddings, parties, etc--yuck!!) but they keep coming....No one ASSUMES I'll 
do the work, but then what the hell DO they assume?  

I've broached the subject once in a meeting with superiors.....the answers 
I got were so goddamn vague that they clearly didn't want to "go there"....

I have a friend about to publish in a MAJOR way....I'm interested to see what 
he, as an employee, experiences in these matters....he's asked questions, and 
been assured that there was no problem, but who knows?  Very complicated 
questions.

Anyway, all I've gleaned from this search for info is that it's NOT ok to use 
materials (film, etc) that were bought with student fees for instructional 
purposes....what about the enlargers? what about chemistry in the machines?

I'm not asking irrelavent questions or making trouble...I never thought about 
it until a student made an "anonomous" complaint several years ago....nothing 
further came of it....  BUT >

What IF I started getting good (i.e., valuable) photo work....AND  someone complained...
(and yes, threatened with their >Lawyer< - see, I couldn't resist! :)!)
I know that my superiors would not endanger themselves, and would sit 
firm on "policy"!! 

AS you noted, my getting rich at the expense of others has not been a problem :)

But twenty years ago, having a "girlie" calender on the wall wasn't a problem, either!!

Damn P.C>   Damn lawyers :)

73, and thanks again for the reply,
Walt


On Wed, 20 Jan 1999 22:05:29 -0600 "Richard W. Hemingway" 
<rheming@ibm.net> wrote: 
>  Walt,
> 
> >Sorry for the rambling, but these questions bounce around
> >occasionally......are salaried university employees ALWAYS employed?
> >When not at work, who owns their stuff?  What if they use the 
> >office/phone at work?  Don't they all?(yes) and what about
> >"instructional" photos, taken on their film?  If you haven't signed 
>  
> Yes, these are good questions.  I ran into this at various universities.  I
> had no problems with outside law practice (yes, I am also a lawyer) - but
> did with the books I wrote.  At SMU they talked about their ownership of
> compensated research and writings of the faculty.  I left in 1967 and
> nothing was done by then and I don't know if they ever develped a policy on
> this.  At the other law schools at which I taught - I was careful to do
> everything at home and use my own supplies.  The question never came up.
> the only 'problem' I might have had was use of the law library.  However,
> since this is a public facility I didn't believe I had a problem.
> Actually, for the last number of years I was on 'Westlaw,' a computer
> on-line research facility (free since I was one of their authors) and down
> loaded everything at home.  I had one of the first Hewlett Packard jet
> printers - it was a monster, caused the lights to go down when I used it
> (kind of like an execution) but it could crank out about 8 pages a minute,
> day in and day out.  I printed ream after ream of cases.  This is different
> from your stated problem, but similar.
> 
> I believe that the universities started being sensitive to this situation
> after gatoraide was developed by faculty members at one of the universities
> (Florida???) and made a mint of money on it. (this is not a problem with
> what I wrote!! <gr>)
> 
> Dick
> --------------------------
> Dick Hemingway
> Plano, TX