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Legal > Safeguards for Copyrighted Collective Works
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Article rating : 0.00, 0 votes. Author : Carolyn Wright
Photographers often submit photos to publishers for inclusion in a book
or magazine. But what happens to the copyright for that photo? Does it
transfer to the publisher? What is the publisher allowed to do with the
copyright?
Unless the copyright to a photo is specifically transferred in total to a
publisher, the publisher’s use of that photo is limited by the usage
agreement. The publisher, however, creates a new copyright, called a
“collective work,” when your photo is combined with other photos, text,
illustrations, etc. Your photo then is covered by two copyrights – one for
the photo itself, and the other as part of a collective work.
As the owner of the copyright to a collective work, the publisher may
reproduce and distribute your contribution as part of that particular
collective work, but not as a separate item. The publisher also may
distribute any “revision” of that collective work and any later collective
work in the same series. "Revision" also is thought to be a new
"version," which still is considered to be one work.
Revision became an issue with some photographers who had
contributed work for National Geographic magazine. There, National
Geographic distributed via CDs previously published magazine issues
almost exactly as they appeared in print, except that National
Geographic added a search engine and index. The photographers
argued it was a new use of their images and wanted to be paid for it.
National Geographic argued that the CDs were a revision of the
collective work (the magazines) so that the usage was included in the
initial grant. Because the photographers were located in different parts
of the United States,
they filed their lawsuits in separate courts and both
cases were appealed. While the reasons why aren’t covered here, in
sum, the 2nd and 11th Circuit Court of Appeals came to different
conclusions about whether the CDs were a revision or a new product.
This inconsistency in the law will have to be resolved later.
While hindsight is 20-20, we can learn from this experience that the best
way to protect your copyrights is to be as specific as possible when
granting usage rights. If you don’t want your photos used for certain
purposes, say so. But if your agreement doesn’t address a usage, a
court that might not agree with your position just may be the one that
determines your rights.
Take my advice; get professional help.
PhotoAttorney
Copyright 2005 Carolyn E. Wright All Rights Reserved
--- ABOUT THE AUTHOR ---
Carolyn E. Wright, Esq., has a unique legal practice aimed squarely at
the needs of photographers. A pro photographer herself, Carolyn has
the credentials and the experience to protect photographers. She’s
represented clients in multimillion dollar litigations, but also has the
desire to help new photographers just starting their careers. Carolyn
graduated from Emory University School of Law with a Juris Doctor, and
from Tennessee Tech Univ. with a Masters of Business Administration
degree and a Bachelor of Science degree in music.
She wrote the book on photography law. “88 Secrets to the Law for
Photographers," by Carolyn and well-known professional photographer,
Scott Bourne, is scheduled for fall 2005 release by Olympic Mountain
School Press. Carolyn also is a columnist for PhotoFocus Magazine.
Carolyn specializes in wildlife photography and her legal website is
http://www.photoattorney.com
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