Full Version: Copyright Protection & Infringement
From: Harvey only (HARVEY-ONLY) [#2]
20 Jul 2004
To: Mike (EJPUBLISHER) [#1] 20 Jul 2004
I have moved this post to this folder because I feel it is important enough to be accessible at any time in an easily findable place.
From: Stunt Engraver (DGL) [#3]
20 Jul 2004
To: Mike (EJPUBLISHER) [#1] 20 Jul 2004
Thank you Mike. Very informative.
David "The Stunt Engraver" Lavaneri
DGL Engraving
Port Hueneme, CA
From: Ken D. (KDEVORY) [#4]
20 Jul 2004
To: Mike (EJPUBLISHER) [#1] 20 Jul 2004
Mike,
I don't understand something.
When a person hires a professional photographer who has the copyright?
At one point you said the person who commissioned the work. Later you said the photographer.
Ken Devory
From: Sei (SEIMA) [#5]
20 Jul 2004
To: Ken D. (KDEVORY) [#4] 20 Jul 2004
This is why it's one of the most complicated and convoluted legal fields. ;)
I suppose it could be based on the contract of the photographer. He could have it written into his terms that he retains the copyright to all photos he takes. You simply hire him to take his photos at your event.
Sei
From: Mike (EJPUBLISHER) [#6]
20 Jul 2004
To: Ken D. (KDEVORY) [#4] 20 Jul 2004
Dear Ken:
I'm not an attorney but in many cases it becomes a "practical" issue and not a legal one. The copyright rights generally belong to the artist/photographer, etc. who created the work, but there is room for mutual agreement. The typical work-for-hire scenario is when you have an employee working under your absolute direction and control who receives a paycheck for his or her services and not per se payment for a literary work. In that case generally you as the employer own the rights to the work.
Someone who is a freelancer, who is not under your direct control, may have a different take on the subject and could raise an argument that they retain the rights to the material and that it was their intention only to "license" you to use the material on a one-time basis or something like that.
My suggestion is when contracting with an outside contractor would be to agree up front who owns the rights to the item in question -- you or the freelancer.
For example when we accept an article for publication in The Engravers Journal, we always ask the writer to sign a "release," a legal document which in most cases gives us full and exclusive rights to the article. That's what I'd recommend if you want to avoid potential legal problems down the line.
From: Ken D. (KDEVORY) [#7]
20 Jul 2004
To: Sei (SEIMA) [#6] 20 Jul 2004
Mike & Sei,
Thank you for your responses, I have a feeling they will be helpful.
I have an etiquette question regarding this forum. I see that people usually respond with a thank you to answers given. At the same time this thread is in FAQ folder and I prefer not to contribute non-FAQ comments... to the folder.
If anyone responds, thank you in advance.
Ken Devory Jr.
From: Harvey only (HARVEY-ONLY) [#8]
20 Jul 2004
To: Ken D. (KDEVORY) [#7] 20 Jul 2004
As a moderator, the answer is, "Duhhh, I do not know which is the proper thing."
Do what you feel is right for you and I think that will be fine. If I wanted absolutely no replies I would have locked it for discussion. I felt that there might be some good out of discussion so I left it open. It seems to have been a good move.
From: Michael [#9]
21 Jul 2004
To: Ken D. (KDEVORY) [#7] 23 Jul 2004
Just my opinion, but when you are offered or receive something of value, requested or not, from some one else, it is always correct to say thank you.
Keep smilin,
Michael