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Museum discussion list <[log in to unmask]>
Date:
Wed, 22 Jan 1997 22:49:32 PST
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On Fri, 6 Dec 1996 22:06:58 -0500  Mulder, you're NUTS!!
-Scully wrote:
>>    This information (regarding photograpers not owning
copyright to
>>    the photos they create) is not correct.  When a
photographer takes
>>    a photograph of an inanimate object, that photographer
owns the
>>    copyright exclusively to the image he / she has
created.  Trust me
>>    on this one--the law is very clear.  A photograph of a
person is a
>>    very different issue and has its own volume of laws
concerning
>>    permissions.
>
>But what if that photographer was hired to take pictures for

an institution
>for their use like on commission or staff photographers?
For example, if
>I am hired to take pictures of a collection and I agree to
give the
>museum all my film to be developed and used by them, do I
then give up
>my copyright?

First of all, you have or don't have copyright depending on
what is written in your contract or work agreement. (And
you'd better have a contract or agreement....
otherwise you'll spend a lot of time pondering these
questions...!) Hypothetically you've agreed to give the
museum all the film and rights to use the pictures.  In
Canada & Israel (and I think in England), the owner of the
negative is the owner of the copyright.  In the US, you as
photographer probably own the copyright (as distinct from the

physical photographs) -- unless your contract states
differently, i.e. includes a transfer of copyright to the
museum.

The museum (as employer) is the owner of copyright in a staff

photographer's (salaried employee's) work.

-------------------------------------
amalyah keshet
director, visual resources, the israel museum, jerusalem
e-mail: [log in to unmask]
date: 01/22/97
visit our web site at http://www.imj.org.il
-------------------------------------
>
>My line of thought comes from music and art law where if you

do something
>on commission like a logo or theme music, the person who
paid you to
>create owns the copyright.  Like Chuck Jones originated and
drew the
>Looney Toons but he was working for Warner Bros. at the time

so they now
>own all of his work done while he was working for them even
though the
>cartoons are his creations.
>
>Deb

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