Archived posting to the Leica Users Group, 2000/04/26

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Subject: RE: [Leica] Re: RE: Photo copyright ownership
From: Austin Franklin <austin@darkroom.com>
Date: Thu, 27 Apr 2000 00:24:30 -0400

I would suggest reading about the 'joint ownership doctrine', because in 
commercial photography, many times, the client can be construed as a 
co-author of the work, and as such, the authorship (and copyrights) may be 
shared.  There is a very good write-up on it here:

http://www.publaw.com/joint.html

There is another very good article (in two parts) here that explains the 
'work for hire' doctrine:

http://www.publaw.com/work1.html
http://www.publaw.com/work2.html

I encourage anyone who considers themselves as an independent contractor 
(freelance photographer) to read these.  In fact, that whole web site is a 
great resource.

I was not saying what was or wasn't the law.  The full version of the U.S. 
Copyright Law can be downloaded from:

http://www.loc.gov/copyright/title17/circ92.pdf

I was only stating my opinion that I disagree with certain aspects of how 
the current law is written/interpreted.  Certainly anyone can agree or 
disagree with my opinion, but my opinion (on this matter) is neither 
'correct' or 'incorrect'.


- ----------

Sorry, I spoke in typo's. Like when I misspelled your name. I meant
(in)correct.

>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.