Keywords; ownership, photo, written agreement, employer, copyrights, oral agreement, employee ownership, author, copyright purposes, photographer, copyright owner copyright ownership, irrevocable, nonexclusive, royalty-free, world-wide license.

COPYRIGHT ANSWERS

December 1997 Issue


J. Dianne Brinson is a copyright attorney specializing in intellectual property. Along with Mark F. Radcliffe, she is co-author of The Multimedia Law and Business Handbook ($44.95 plus $7 p&h), LADERA PRESS, 3130 Alpine Rd., Suite 200-9002, Menlo Park CA 94025. On-line she may be reached at laderapres@aol.com

Getting Ownership of a Photo from Your Employer

If you want to receive ownership of a photo work created within the scope of your employment, it is easy to do so. You and the employer simply have to sign a written agreement stating that the employer grants all copyrights in the photo work to you. An oral agreement is not sufficient to give an employee ownership of photo works made for hire.

If the employer signs an agreement giving copyright ownership in a photo work to an employee, the employer will still be considered the "author" of the work for copyright purposes, but you, the photographer, will be the copyright owner. If your employer gives you copyright ownership, your employer may ask that you grant the employer an irrevocable, nonexclusive, royalty-free, world-wide license to use the work.


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