| 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 A STAFF EMPLOYEEAs a stock photographer, you may at some time take employment as a staff member with a company. Who then owns the photos you produce for your employer?
Example: John is a staff photographer for Company C. As part of his job, John took photographs for websites and marketing material. Unless John and Company C have agreed in writing otherwise, Company C owns the copyright in those photographs. Many employers ask employees to sign "employment agreements." Employment agreements usually contain a clause stating that all copyrightable material created by the employee within the scope of the employment belongs to the employer. Even if you have not signed an employment agreement, the rule stated in the previous paragraph applies: If you work as an employee, photographs you take within the scope of employment belong to your employer, unless you have a signed agreement stating otherwise. If you work as an independent contractor, a different ownership
rule applies. I’ll discuss that rule in a future issue. J. Dianne Brinson is a copyright attorney specializing in intellectual property. She is author of "Internet Legal Forms For Business" ($24.95 plus $5 p&h), and "Internet Law and Business Handbook" ($44.95 plus $7 s&h). Anyone wishing to order the books may call 1 800 523-3721, or go to Dianne's website: www.laderapress.com. Her website includes a free primer on intellectual property law. Ladera Press, 27 Berenda Way, Portola Valley CA 94028. LaderaPress@aol.com.
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