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 [log in to unmask]