To get around this problem, a company can and must enter into an exclusive copyright license. This gives the company the ability to use the work as it wants and prevent other people, including the photographer, from using the work. It also gives the company the opportunity to register copyrights and prosecute all infringers. However, there is usually a clause that allows the photographer to use the photos for marketing purposes (z.B. in his portfolio). Another caveat he should be aware of is the conclusion of “Work for hire” agreements with individual contractors based in California. California law states that if you enter into a “Work for Hire” agreement under the Copyright Act, that individual contractor is considered a worker, resulting in compensation insurance, benefits, wages and other employment requirements for the worker. One way to get around this problem is to only enter into contracts with companies and not with individuals. Another possibility is to conclude only attribution agreements, which are explained below. It is not uncommon for photographers, especially established, to refuse to sign a “rent work” or an employment contract, even if more money is offered. It is a work considered “secondary” to a work of another author to introduce, conclude, illustrate, explain, revisit, comment or assist in the use of the other work, such as prefaces and illustrations in a book. A writer, for example, writes a children`s book and instructs an illustrator to draw pictures for the book.
The work of this illustrator would fall into this category and they could enter into a written agreement of “work for rent”. Is copyright ownership a big thing? It`s possible. You must own the copyright – or at least own an exclusive license – if you want to freely copy, distribute or create derivative works and prevent others, including the photographer. You also need property rights if you wish to register copyright with the U.S. Copyright Office and/or prosecute infringers. Below is a roadmap on how you get your photographer (or independent contractor) what you need. Under copyright, the assignment must be made in writing. Unlike a “work for rent,” a task does not necessarily take the full duration of the copyright. On the contrary, the assignee (original copyright holder) has the right to terminate the assignment after the 35-year expiry after the assignment.
In this case the copyright rests with the zenderichter judge. The termination rights are not automatic and the researcher must strive to reverse the trend in a timely and correct manner. Otherwise, the transfer will continue for the duration of the copyright.