In commenting on “Who Holds the Copyright” Michael Hiat, CG noted that it seemed like an implied work for hire to have someone snap your photo with your camera. This was definitely part of my thought process, but…. There are many professional genealogists out there that believe they own the copyright of the work they do for clients. The law agrees. Without a contract stating otherwise, anything written by the researcher can only be used with their consent. The facts they dig up can of course be shared, they are facts. But the actual report is another matter, and many have statements on the report stating it is not to be shared.
I am interested in comments from researchers, clients, and potential clients on the issue of works for hire. I would also like to post copies of contracts that deal with the copyright issue up front (we can leave out any names and specific details. If you are willing to share, please send to email@example.com)
Results of Last Poll— 55.5% of respondents thought the picture taker owned copyright of the picture. 44.5% thought the camera owner owned the copyright, no one was still confused. Take the new poll, who owns the copyright when a genealogist is paid to do research for a client?
Last month after presenting my talk on Copyright Issues for 21st Century Genealogists for the Clark County Nevada Genealogical Society, I received an email from a member who had attending asking a question to which I had no simple answer. I am going to present the question here in his words, with his permission, and we both welcome opinions and discussion from all of you.
So the question is….
I have a real life question on copyright as it applies to photographs.
During a recent vacation, I handed my camera to a random gentleman whom I asked to take my photo. The photo he took with my camera is SUPERB!!! The question is…Who owns the copyright? I have the only .jpg file of the photo, yet someone (whom I cannot identify) took the photo. If he is the copyright owner, I cannot enter the photo in any contest or publish it in a book of my photos. (G. Shull)
Watch the blog next week for the conclusion Gary reached. Will it agree with yours?
The Trans Pacific Partnership (TPP) is a trade agreement being negotiated between is negotiating with eleven countries: Australia, Brunei, Chile, Peru, Malaysia, Singapore, Vietnam, United States. Canada and Mexico.
I offer no opinions here, just some links to blogs and articles on the intellectual property portion of the agreement for your perusal. Feel free to leave comments!