Keywords; photographs, freelance, copyright law, independent contractor,legal document, copyright ownership, client, copyrights,
Copyright Answers
December 2000

J. Dianne Brinson is a copyright attorney specializing in intellectual property. She is co-author of The Multimedia Law and Business Handbook ($44.95 plus $7 p&h), and author of INTERNET LEGAL FORMS FOR BUSINESS ($24.95 plus $5 p&h). LADERA PRESS, 3130 Alpine Rd., Suite 200-9002, Menlo Park CA 94025. On-line she may be reached at LaderaPres@aol.com; Web: www.laderapress.com. Her Web site includes a free primer on intellectual property law.


COPYRIGHT OWNERSHIP AS AN INDEPENDENT CONTRACTOR

If you take photographs for a client on a freelance basis, for copyright law purposes you are probably working as an independent contractor. Unless you have signed a legal document giving copyright ownership for the photographs to your client, you own the copyrights. Your client has an implied license to use the photographs in the project for which they commissioned the photographs. You as the copyright owner have the rights to use the photographs in other projects and to modify the photographs.

EXAMPLE

Big Company hired Photographer on a freelance basis to take nature photographs for use on Big Company’s website. Photographer did not sign a legal document giving Big Company ownership of the copyrights for the photographs. Photographer is the copyright owner. Big Company can use the photographs on its website, but Photographer – as the copyright owner – has the right to use the photographs on other websites and in print publications and the right to modify the photographs for use in other projects.

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  • Leigh v Warner Bros. 10 F.Supp 2d 1371, 1998
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