Re: Use of studio-taken photos in other media

From: Bob Stock <bstock[_at_]ucla.edu>
Date: Wed, 12 Feb 97 14:06:30 PST

On Tue, 11 Feb 1997, Stan Diamond <sxd[_at_]psulias.psu.edu> wrote:
>
> I had always thought that a work for hire implied or required that
> the worker used the employers facilities and equipment to create
> the work in addition to being employed for a period of time.

One definition of a work for hire is one created by an employee in the scope of his employment. 17 U.S.C. section 101. Courts use the general law of agency to decide if the hired party is an employee or not. Whether the hired party uses the hiring party's facilities and equipment is one of the factors evaluated. There are many. See Community For Creative Non-Violence v. Reid, 490 U.S. 730 (1989), for a list of those factors.

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Bob Stock <bstock[_at_]ucla.edu>
2L - UCLA School of Law
http://www.geocities.com/Paris/1206/

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Received on Wed Feb 12 1997 - 22:16:17 GMT