In Canada this matter seems to be more straightforward. Under our
current Copyright Act, the copyright in a photograph which has been
"ordered by some other person [ie. other than the 'author' of the work]
and was made for valuable consideration, and the consideration was paid
in pursuance of that order" belongs to the person who commissioned the
work, unless there is "any agreement [between the parties] to the contrary"
(Clause 13.2). As I see it, this means that the person paying
the fee and pressing the button on the machine is the one "ordering"
the work and hence is the owner.
All the best,
Bernard Katz, former Head, Special Collections and Library Development
McLaughlin Library, University of Guelph and Chair, Ontario Library Association Copyright Task Force Received on Wed Dec 24 2003 - 01:00:04 GMT
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