This was submitted to us for publication. Since it contains quite a few interesting facts, I am publishing it here...
By Trial Attorney, Francois Auroux, Esq., Pyka Lenhardt Schnaider Zell
That photo that you shot for your website might belong to someone else. This article focuses on the concept of "work for hire" which could rob you of your rights to your photos. Know your rights and don't let yourself be taken advantage of.
A Copyright is similar to the pink slip of a car. It is the right to use, license, sell, and keep others from using your work of authorship. A work of authorship includes many different forms of media, including photographs, films, scripts, music and title sequences. [1]
The author of a photograph owns the Copyright the second the shutter snaps, no registration required. 2 However, you should register your work if you intend to publish it commercially or on the internet.
If a cameraman takes a photo without the help of others, he or she is the author and therefore the owner of the Copyright to the photograph. [2]
If two or more people collaborate in taking the photo, each person who participated is a joint author and is therefore a joint owner of the Copyright. [2] That could include the director, photographer, stylist, or even the production assistant.
If a company commissions the photo to be taken and pays the crew as employees, the company is the sole owner of the Copyright, no matter how many people collaborated on the photo. This concept is called work for hire. [3]
On the other hand, if a company commissions the photo to be taken and the crew are independent contractors, the crew would own the copyright to the photo unless 1) A written agreement states that the photo shoot is considered a work for hire; and 2) the agreement is signed by the crew. [3]
Under California Rights of Publicity, the model or subject has a right to their likeness too. If the model is not paid or the photographer doesn't obtain a signed release, the model can be your worst nightmare and demand money if the photo is published on the internet or in an advertisement. [4]
No matter if a photo is Copyrighted or protected under Rights of Publicity, the photograph can still be used in certain ways as speech or expression under the protections offered by the First Amendment to the United States Constitution. [5]
The next time you collaborate with others on a photo shoot and you would like to be the sole owner of the copyrights to the photos, you should have the crew sign work for hire releases and have the models sign rights of publicity releases. An attorney can prepare these for you. If you don't do this, the models and members of the crew could hijack your project.
[1] 17 U.S.C. § 102. http://www.law.cornell.edu/uscode/text/17
[2] 17 U.S.C. § 201(a). http://www.law.cornell.edu/uscode/text/17
[3] 17 U.S.C. § 201(b); 17 U.S.C. § 101. http://www.law.cornell.edu/uscode/text/17
[4] Cal. Civ. Code § 3344. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=03001-04000&file=3344-3346
[5] U.S. Const. Amend. I. http://www.law.cornell.edu/constitution/first_amendment
This article may not be used as legal advice and does not create an attorney-client relationship.
About the Author: Francois Auroux contributes a unique perspective to his cases at the law office of Pyka Lenhardt Schnaider Zell. His role at the firm requires knowledge of intellectual property law, business law, personal injury law and insurance law.
Auroux obtained his Juris Doctor from Whittier Law School in 2011 with a certificate in intellectual property law and was admitted to the California Bar in 2012. Auroux graduated with honors from the University of California, Santa Barbara with double majors in communication and law and society. He studied abroad in France extensively throughout his university and law school career.
When Auroux is not in court or in the office, he regularly goes surfing, mountain bike riding, scuba diving and participates in sailing regattas.
About Pyka Lenhardt Schnaider Zell: For more than forty years, the partners of Pyka Lenhardt Schnaider Zell have been serving the legal needs of individuals, public entities, private business and the insurance industry; representing national, regional and local clients in California and Arizona. The four founding attorneys have more than 150 years of combined experience, with over 250 tried to verdict cases and a more than 90 percent success rate. The attorneys of PLSZ represent both the old and new guards of law, and bring a solid combination of experience, efficiency and sensitivity to each of its clients. With expertise in a wide spectrum of civil litigation, including public law (civil rights, premises liability and school district defense), product liability, personal injury, construction defect, employment (including sexual harassment), defamation, mold and toxic tort, PLSZ attorneys bring the same care and respect to each case that comes to their desks. With a guiding principle of keeping clients fully informed of all significant developments in their cases and working closely with them to resolve litigation matters quickly and economically, PLSZ believes that its experience and integrity provide unparalleled efficiency for its clients. For more information, please visit www.plszlaw.com.
By Trial Attorney, Francois Auroux, Esq., Pyka Lenhardt Schnaider Zell
That photo that you shot for your website might belong to someone else. This article focuses on the concept of "work for hire" which could rob you of your rights to your photos. Know your rights and don't let yourself be taken advantage of.
A Copyright is similar to the pink slip of a car. It is the right to use, license, sell, and keep others from using your work of authorship. A work of authorship includes many different forms of media, including photographs, films, scripts, music and title sequences. [1]
The author of a photograph owns the Copyright the second the shutter snaps, no registration required. 2 However, you should register your work if you intend to publish it commercially or on the internet.
If a cameraman takes a photo without the help of others, he or she is the author and therefore the owner of the Copyright to the photograph. [2]
If two or more people collaborate in taking the photo, each person who participated is a joint author and is therefore a joint owner of the Copyright. [2] That could include the director, photographer, stylist, or even the production assistant.
If a company commissions the photo to be taken and pays the crew as employees, the company is the sole owner of the Copyright, no matter how many people collaborated on the photo. This concept is called work for hire. [3]
On the other hand, if a company commissions the photo to be taken and the crew are independent contractors, the crew would own the copyright to the photo unless 1) A written agreement states that the photo shoot is considered a work for hire; and 2) the agreement is signed by the crew. [3]
Under California Rights of Publicity, the model or subject has a right to their likeness too. If the model is not paid or the photographer doesn't obtain a signed release, the model can be your worst nightmare and demand money if the photo is published on the internet or in an advertisement. [4]
No matter if a photo is Copyrighted or protected under Rights of Publicity, the photograph can still be used in certain ways as speech or expression under the protections offered by the First Amendment to the United States Constitution. [5]
The next time you collaborate with others on a photo shoot and you would like to be the sole owner of the copyrights to the photos, you should have the crew sign work for hire releases and have the models sign rights of publicity releases. An attorney can prepare these for you. If you don't do this, the models and members of the crew could hijack your project.
[1] 17 U.S.C. § 102. http://www.law.cornell.edu/uscode/text/17
[2] 17 U.S.C. § 201(a). http://www.law.cornell.edu/uscode/text/17
[3] 17 U.S.C. § 201(b); 17 U.S.C. § 101. http://www.law.cornell.edu/uscode/text/17
[4] Cal. Civ. Code § 3344. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=03001-04000&file=3344-3346
[5] U.S. Const. Amend. I. http://www.law.cornell.edu/constitution/first_amendment
This article may not be used as legal advice and does not create an attorney-client relationship.
About the Author: Francois Auroux contributes a unique perspective to his cases at the law office of Pyka Lenhardt Schnaider Zell. His role at the firm requires knowledge of intellectual property law, business law, personal injury law and insurance law.
Auroux obtained his Juris Doctor from Whittier Law School in 2011 with a certificate in intellectual property law and was admitted to the California Bar in 2012. Auroux graduated with honors from the University of California, Santa Barbara with double majors in communication and law and society. He studied abroad in France extensively throughout his university and law school career.
When Auroux is not in court or in the office, he regularly goes surfing, mountain bike riding, scuba diving and participates in sailing regattas.
About Pyka Lenhardt Schnaider Zell: For more than forty years, the partners of Pyka Lenhardt Schnaider Zell have been serving the legal needs of individuals, public entities, private business and the insurance industry; representing national, regional and local clients in California and Arizona. The four founding attorneys have more than 150 years of combined experience, with over 250 tried to verdict cases and a more than 90 percent success rate. The attorneys of PLSZ represent both the old and new guards of law, and bring a solid combination of experience, efficiency and sensitivity to each of its clients. With expertise in a wide spectrum of civil litigation, including public law (civil rights, premises liability and school district defense), product liability, personal injury, construction defect, employment (including sexual harassment), defamation, mold and toxic tort, PLSZ attorneys bring the same care and respect to each case that comes to their desks. With a guiding principle of keeping clients fully informed of all significant developments in their cases and working closely with them to resolve litigation matters quickly and economically, PLSZ believes that its experience and integrity provide unparalleled efficiency for its clients. For more information, please visit www.plszlaw.com.