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JamesLeonis | 11 months ago

The artist still owns the copyright. Payment by itself does not transfer copyright. To do that the artist needs to explicitly sign away those rights. This happens in employment all the time. Part of the paperwork you sign is about transferring over the copyrights from yourself to the company.

I highly recommend you check your own paperwork to see exactly how much this covers, since some states allow contracts that cover everything you make at any time. California has a specific law that limits these contracts to only works done on company equipment and on company time. Your state might be different.

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pas|11 months ago

doesn't need to explicitly, it's enough to have the understanding that it's a "work for hire" situation (at least in the US)

of course just giving someone money is not sufficient to establish this, but telling someone that "I want to hire you to make a photo for me (of me)" and they acknowledge, then that is probably enough.

JamesLeonis|11 months ago

This is not correct.

The copyright office itself doesn't recognize any transfer of works-for-hire [0] unless there's (#3) a written document of the transfer, (#4) signed by the recipient, (#5) signed by the copyright holder, and finally (#6) the work was made expressly as work-for-hire. Every employment, contractor, and freelancer contract is written with all of these questions accounted for.

Even wedding photographers keep the copyright of the photos they take of your wedding too for this very reason, unless explicitly contracted to transfer those rights.

[0]: https://www.copyright.gov/circs/circ30.pdf, page 5

Karliss|11 months ago

One more example demonstrating the opposite - in EU the copyright law explicitly states that transferable copyrights for software get automatically transferred from employees to the company. Which suggests that for other types of copyrightable works and author/customer relationships it doesn't happen automatically.

anon743448|11 months ago

As sibling comment said, this is not correct.

In wedding and portrait photography, many clients think that they own copyrights to the photos but they don’t and sometimes get in trouble for violating photographers’ copyrights.