RE: Re: copyright of reproductions

Alain Minodie Wrote:
<<...Interesting to mention is that after discussions with highly experienced (european) Photo Agencies and copyright lawyers we found: - large painting owners (such as Museums) have a tendency to explicitly express on going photograph work as "work for hire"...>>

Alain - Thanks for the information. Note that this strategy might work in Europe, but would not work in the US. If these photographers were independent contractors located in the US, any contract terms purporting to deem their photographs works made for hire would be invalid unless the works were specially commissioned and fell under one of the 9 enumerated categories of work specified in 101. Thus, reproduction photographs created for the museum archives would not be likely to qualify as works made for hire, even if both parties agreed to work for hire terms. However, the museums could instead negotiate a copyright transfer or a license for unlimited use. In the event of a copyright transfer, the photographer could terminate that transfer and regain copyright ownership after 35 years.

_J_e_f_f__S_e_d_l_i_k_ Received on Wed Jun 02 2004 - 19:55:25 GMT