RE: [Leica] Re: Korda sues

[Austin Franklin <austin@darkroom.com>]

> Whether you agree with it or not, that's the law in this country (the
> U.S.)---freelance workers who create something original, even if someone 
is
> compensating them for it, have the copyright to what was created, unless
> they are bonafide employees (with salary, benefits, and all that other 
stuff
> that freelancers have to take care of themsleves, usually at a much 
higher
> cost than an organization has) of whoever they do the work for, or 
expressly
> transfer all or part of their rights to the work. It's not unique to
> photography, either. Writers, musicians, and other creative types have 
the
> same rights to the work they create as independents. The design examples 
you
> give (computers, toasters) are generally performed by *employees* of the
> manufacturers, and copyright issues don't arise (although other 
intellectual
> property issues often do). If a magazine or other publisher wants to
> purchase all the rights to the work they commission, they can try to do 
so,
> but it will cost more.

There is the copyright law it self, and there is the issue of who owns the 
copyright.  Two different issues.  I know how the current law is generally 
interpreted.  I disagree with that interpretation.  I do believe that 
copyrights should be upheld, so that is not what I have an issue with.  It 
is beyond my belief of what is 'fair' (and ethical), how someone can lay 
claim to work someone else gave them the idea for, supplied the materials, 
and paid them for.  It is obviously a different case for most editorial 
photographers, which I have no issue with, and I believe, why the law has 
been interpreted that way.  I do not believe a commercial photographer 
should be given the same 'rights', in this regard, as editorial or some 
other photography is.

Engineering contractors are used by most every technology company, and the 
contractors, routinely, do not retain ANY rights to their work, nor do they 
feel they should, and they are NOT employees in any way, shape or form. 
 They are freelance contractors, as is any freelance photographer. 
 Engineering can be equally as creative as any art is.

Imagine if you had to pay your landscaper every time you used your lawn. 
 You paid him to do the work, so why should you pay him for the use of his 
work that he did FOR you after the fact?  He was creative in performing his 
'art'.  He was not an employee...yet no landscaper in the world asks for 
'use royalties'...