Copyrights

[KmH]

Companies are making it a routine tactic to hire inexperienced photographers and saving themselves thousands of dollars.

You most likely still own the copyright since a 'work for hire' situation can only occur with a written contract.

Visit www.copyright.gov and read up on US copyright law.

Not the case in Canada, where barring a contract to the contrary by the photographer, a portrait comes under the 'work for hire' situation.

skieur

Very true. I noted the OP was located in the US (FL).

What's the staus on the Canadian governments copyrights, re-write?

Is there a web site that is keeping track of developments?

 

[smn_xps]

You most likely still own the copyright since a 'work for hire' situation can only occur with a written contract.

I do not know if that is a point of law or not, BUT the IRS has clear rules which determine whether a person is an employee. I believe there are seven points that all must be met to be considered an independent contractor. My best thought is that if the IRS considers you a contractor then most courts would as well. and IF the IRS thinks you were an employee you will have a hard time claiming copyright on those images.

Good luck,
Jerry

 

[KmH]

You most likely still own the copyright since a 'work for hire' situation can only occur with a written contract.

I do not know if that is a point of law or not, BUT the IRS has clear rules which determine whether a person is an employee. I believe there are seven points that all must be met to be considered an independent contractor. My best thought is that if the IRS considers you a contractor then most courts would as well. and IF the IRS thinks you were an employee you will have a hard time claiming copyright on those images.

Good luck,
Jerry

Copyright law and tax law aren't the same thing.

The IRS rules you refer to don't apply to a 'work for hire' copyright issue.

Unless the OP registers the copyrights with the Feds his attorney wouldn't be allowed to submit an infringement action the in federal court anyway.