2009/7/20 Bob W <p...@web-options.com>:
> In copyright law there is no automatic assignment. If the contract with the
> photographer does not explicitly assign copyright to the hirer then the
> photographer retains the copyright.
>
Actually, that does sound like an automatic assignment of copyright.
If not negotiated it defaults to a particular party.
I'm not sure what the status quo is in Australia, because the
copyright reforms have occurred since I ceased trading. The old law
was as Bill Robb describes with the copyright defaulting to the
employer/client, but in any case the copyright could be claimed by
either party when the job was negotiated, pending the other party's
agreement. But no claim in advance meant copyright went to the
client. The hazard in this was that unscrupulous clients would (and
did) engage photographers for small jobs with limited circulation
(such as in-house literature), then sometime later use the work in a
widely circulated public campaign, for which the photographer should
have been significantly better rewarded, and would have been if this
had been disclosed at the time of hiring. As well, the work could end
up promoting the product of another company under the same corporate
umbrella as the client, but to which the photographer ethically
objected. I vaguely recall such a case ending up in the courts, when
a photographer found his work in a cigarette ad campaign for which he
wasn't briefed.
My trading terms specified that while I retained copyright, the client
exercised full and exclusive rights to reproduce and use the work for
the purpose of the job brief. Ownership of original negatives
remained with me, transparencies went to the client (this was pre
digital). After 18 months the client could, if they chose, claim
possession of the negatives (they never did as their usefulness was
spent by then). The client was not entitled to provide my photographs
to any third party except for the immediate purpose of the brief (i.e.
publicity shots supplied to newspapers and such) and could not retail
my work except as part of a product's packaging.
This worked for me.
regards, Anthony
"Of what use is lens and light
to those who lack in mind and sight"
(Anon)
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