Copyright law info

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Copyright law info

Postby DickK » Wed Feb 28, 2007 9:12 pm

Since the topic comes up in various ways here I thought some of you might find this site I ran across of some interest

http://navigator.carolon.net/

Focus is on the application of copyright and copyright law to various circumstances. Some very interesting stuff in there if you have the patience to work thru it.
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Postby DickK » Sat Mar 17, 2007 7:39 am

copyright: 1) n. the exclusive right of the author or creator of a literary or artistic property (such as a book, movie or musical composition) to print, copy, sell, license, distribute, transform to another medium, translate, record or perform or otherwise use (or not use) and to give it to another by will.

As soon as a work is created and is in a tangible form (such as writing or taping) the work automatically has federal copyright protection. On any distributed and/or published work a notice should be affixed stating the word copyright, copy or ©, with the name of the creator and the date of copyright (which is the year of first publication). The notice should be on the title page or the page immediately following and for graphic arts on a clearly visible or accessible place. A work should be registered with the U.S. Copyright Office by submitting a registration form and two copies of the work with a fee which a) establishes proof of earliest creation and publication, b) is required to file a lawsuit for infringement of copyright, c) if filed within three months of publication, establishes a right to attorneys' fees in an infringement suit.

Copyrights cover the following: literary, musical and dramatic works, periodicals, maps, works of art (including models), art reproductions, sculptural works, technical drawings, photographs, prints (including labels), movies and other audiovisual works, computer programs, compilations of works and derivative works, and architectural drawings.

Not subject to copyright are short phrases, titles, extemporaneous speeches or live unrecorded performances, common information, government publications, mere ideas, and seditious, obscene, libelous and fraudulent work. For any work created from 1978 to date, a copyright is good for the author's life, plus 50 years, with a few exceptions such as work "for hire" which is owned by the one commissioning the work for a period of 75 years from publication. After that it falls into the public domain. Many, but not all, countries recognize international copyrights under the "Universal Copyright Convention," to which the United States is a party.

See also: infringement plagiarism public domain trademark


The People's Law Dictionary by Gerald and Kathleen Hill Publisher Fine Communications. (c)2007
http://dictionary.law.com/
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Postby DickK » Sat Mar 17, 2007 7:45 am

Now this is interesting...

...with a few exceptions such as work "for hire" which is owned by the one commissioning the work for a period of 75 years from publication.


I'd not remembered that provision and I think this matches what someone said about Canadian copyright law. I really don't know what that means for photographers but I'd expect a photographer hired to shoot an event (e.g., wedding) is by default not going to own the rights to the pictures unless transferred back to them in the contract. Could the same could apply to a slide show commissioned by a client?

The other item that's interesting is that while you own the rights without registration, enforcement requires registration. Someone pass the aspirin, please?
"It is the mark of an educated mind to be able to entertain a thought without accepting it." Aristotle ((PSG, PSE & Fuji HS20 user)) Presentation Impact Blog

shoebox

Postby shoebox » Wed May 02, 2007 9:22 am

with a few exceptions such as work "for hire" which is owned by the one commissioning the work for a period of 75 years from publication.


This is for contractors that work for music writers, publishers, artist etc.

For example;

I own Music Tree Publishing. I hire you as my staff writer. I pay you x amount per song or x amount salary. In return, I own the work for a period of 75 years.

So in the photography scenario, if you hire a photographer that works for you taking photos. You own the photos for a period of 75 years. This has nothing to do with clients or "jobs for hire".

Hope this helps.

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Postby Yanis » Tue Jun 12, 2007 6:55 am

shoebox wrote:
with a few exceptions such as work "for hire" which is owned by the one commissioning the work for a period of 75 years from publication.


This is for contractors that work for music writers, publishers, artist etc.

For example;

I own Music Tree Publishing. I hire you as my staff writer. I pay you x amount per song or x amount salary. In return, I own the work for a period of 75 years.

So in the photography scenario, if you hire a photographer that works for you taking photos. You own the photos for a period of 75 years. This has nothing to do with clients or "jobs for hire".

Hope this helps.


Thanks for this clarification, Eli.

Peace,
Yanis :D

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Postby Tarafrost » Tue Jun 12, 2007 11:37 am

Copyright law also varies by country. Not everyone abides by the same laws as the US of A.
....Andrzej (aka: the curmudgeon)

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images-that-move

Postby images-that-move » Tue Jun 12, 2007 3:41 pm

Copyright law is complex.... having dealt with a lot of this in a previous career one has to be very careful with definitions.... Work for hire is considered the "default" when there is an employer / employee relationship... however if they are a "contractor" then "work for hire" may or may not apply (typically it does not apply...)

Here is the wording from US Copyright law...

Works Made for Hire. -- (1) a work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. 17 U.S.C. sec 101

Notice on number two that it has to be in writing.....

A pretty good write up can be found at ... http://en.wikipedia.org/wiki/Work_for_hire

Very complex subject... especially when you start to consider international aspects...

Take care,

dnavarrojr

Postby dnavarrojr » Sun Jun 17, 2007 8:45 am

It should also be noted that the "work for hire" clause in copyright law does not cover contracted details between the two parties.

MANY wedding photographers today will hide a clause in their contract that gives them ownership of the photos they take and gives you limited license to use them.

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Postby DickK » Tue Oct 23, 2007 1:07 pm

Interesting commentary here on the digital age vs. copyright law and enforcement -- clearly, the media industry and the legal community have some major issues sorting out just what to enforce and what to ignore...

http://www.slate.com/id/2175730/entry/2175731/

Dick
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