Re: Senior pics

On 04/11/97, Emil Pellicer <epellicer[_at_]colby-monet.com> wrote:
>
> Why wouldn't grad pictures (or any other kind of school pictures) be
> considered works for hire in the US? In Canada, where the concept of
> works for hire is much narrower, copyright in commissioned photographs
> are deemed to belong to the person who ordered the original for
> valuable consideration (subject to any agreement to the contrary).
>
> The judicial interpretation of what it means to "order an original"
> is rather large ie has commissioned the work (Pro Arts Inc. v. Campus
> Crafts Holding Ltd.) It is probable that in sitting for the picture
> (I'm supposing that doing so is not obligatory) one is commissioning
> the work. Once the student pays for the pictures the second critieria
> for passing copyright is satisfied and copyright in the pictures now
> belongs to students.
>
> Why aren't these pictures works for hire in the US?

Because in order for commissioned works to be considered works made for hire in the US there has to be an explict writing, signed by both parties, that the work shall be considered a wmfh. The work must also fall into one of the 9 specified categories: a contribution to a collective work (the yearbook?), part of a motion picture or other audiovisual work, a translation, a supplemantary work (as defined in the statute), a compilation, an instructional text, a test, answer material for a test, or an atlas.

Barbara Friedman
<bfriedman[_at_]grolier.com> Received on Tue Apr 15 1997 - 13:53:25 GMT