12 Aug Who owns it? Photographer/ Graphic Artist vs Customer
Rights of Photographers and Graphic Artists
Copyright protection subsists automatically in works. However, for copyright protection to subsist, an author’s work must be Original. Where copyright protection subsists in a work, the copyright owner has the exclusive right to reproduce, distribute, adapt, communicate to the public and publicly display the work, among other exclusive rights. Where other persons wish to use copyright protected works, permission must be obtained.
The job of a Photographer and Graphic Artist includes creating content for their clients. However, issues often arise as there is usually uncertainty pertaining to who exactly owns the right to these works. Although there are exceptions, as author of the works, the Photographer and Graphic Artist would typically own the copyright. An exception exists where they produce this content through employment . In that case, the employer owns the copyright, unless otherwise agreed.
When you hire a Photographer or Graphic Artist, you do not own the copyright subsisting in their work unless this is specifically assigned. Assignment is only valid if it is made in writing. Therefore, before you ‘reproduce’ these works (share, edit etc), you should ensure you have permission to do so.
One common misconception that customers have is that if they pay for work by a photographer or graphic artist, they now own it and can freely use it as they choose. However, without an express assignment in writing, they do not in fact own the rights subsisting in the work.
Many businesses and companies apply for trademarks without realising that they do not own the copyright automatically subsisting in the work. If you are applying for a Trade Mark using content created by a Graphic Artist, the rights to this should be assigned to you in writing before applying for your trademark.
The contents of this discussion are intended to convey general information only and not to provide legal advice or opinions. Please consult an Intellectual Property Attorney if you require legal advice.
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