Kathy Lear inquired about the copyright in photographs created by employees
of a federally-funded organization.

The works created by officers or employees of the federal government within
the scope of their employment are not copyrightable subject matter and
receive no copyright protection.  They are in the public domain.

As to works created by an independent contractor pursuant to a contract with
a federal agency, Congress left the issue of copyright existence and
ownership up to the individual agency.  The rules of the individual agency
may state the any work created by an independent contractor cannot be
protected by copyright, that such a work is protected by a copyright that is
owned by the independent contractor, or use the possible existence of a
copyright as a bargaining chip in negotiating for the services of the
contractor.

It is not entirely clear, but I believe the determination of copyright policy
for those who receive federal funds to create works is similar to the
determinations made with works created pursuant to contract.

The same problem rarely arises with state-funded organizations, because
states, for the most part, are viewed the same as non-public entities as far
as copyright is concerned

Robert Lind
Professor of Law
Southwestern University School of Law
Los Angeles, CA 90005
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