Archived posting to the Leica Users Group, 2000/04/26
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Sorry, I spoke in typo's. Like when I misspelled your name. I meant
(in)correct.
Jim (blush) Brick
At 08:08 PM 4/26/00 -0400, Tina Manley wrote:
>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
>