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In my particular case, I originally said the organization could use a three page website I created four years ago. I never said they could " have" it. In fact, I even picked the name for the newsletter which is the same name now used for the website. The site has now grown to over 70 pages, with more than 1200 internal and external links, over 500 graphics, etc. I have my copyright information in the meta tags of all appropriate pages, and on some photo composites. Needless to say no one, including myself, ever dreamed the site would grow or be utilized to this extent it has.

When all is said and done, who owns all the original artwork and text? The organization or the volunteer who copyrights it? Any thoughts?

quote:

" ...the photograph belongs to the photographer first and foremost." This is only partially true. While U.S. Copyright law does allow that ownership of a photograph or image is initially owned by the photographer, there are several instances where the photographer does not own the rights. For instance, have you ever heard of the Right of Publicity? The Right of Publicity prevents the unauthorized commercial use of an individual' s name, likeness, or other recognizable aspects of one' s persona without exclusive license or permission of the individual. It gives an individual the exclusive right to license the use of their identity for commercial promotion. While it is largely controlled by State not Federal law, it allows protection to the subject of the photograph. Although the Civil Rights laws on the Right to Privacy do vary somewhat from state to state, they generally prohibit the use of a living person' s name, portrait or picture for " advertising" or " trade" purposes without prior written consent, and provide criminal penalties and a private right of action for damages and injunctive relief. In this issue you have raised, it is the racers who actually have the Right to Privacy in the sense that their images and likenesses cannot be used for trade without license.

Rather than using a silly stolen car analogy, let me give you a more realistic one. A photographer takes a picture of a famous person and uses that image in a public commercial manner such as a magazine or online publication. If the photographer does not obtain license to use the subject in the photograph, the photographer is in violation of the subject' s Right to Privacy. Now, it is up to the subject to seek damages or injunctions through the courts.

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You will not have a legal recourse unless you register the copyright with the copyright office.

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It' s actually suppose to inform someone that ' these statements are on this site because I have a contract that can back them up!'

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Are you saying that the contract would state who owns the copyrights?

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What happens if a designer does a site under this type of contract for pay with no provision that they will maintain it. When finished it is turned over to the client who maintains it. If the contract states that the designer has a copyright on the design would the client then not have the right to make any changes to the design?

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ORIGINAL: bryman

I find all these comments rather comical.

[attitude and perseverance = Success]

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Any customer of yours (commercial or volunteer) who doesn' t mandate the same for their firms are not to be considered " informed" business people.

[attitude and perseverance = Success]

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Any customer of yours (commercial or volunteer) who doesn' t mandate the same for their firms are not to be considered " informed" business people.

§þk¥

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Original: DarlingBri
Pop quiz -- and no looking or cheating: who owns the copyright to your post, Bryman?

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We seem to be on the same page.

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There is zero requirement to register it with the copyright office.

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COPYRIGHT REGISTRATION
In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are the following:

Registration establishes a public record of the copyright claim.

Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.

If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.

If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney' s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.

Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies. For additional information, request Publication No. 563 " How to Protect Your Intellectual Property Right," from: U.S. Customs Service, P.O. Box 7404, Washington, D.C. 20044. See the U.S. Customs Service Website at www.customs.gov for online publications.

Registration may be made at any time within the life of the copyright. Unlike the law before 1978, when a work has been registered in unpublished form, it is not necessary to make another registration when the work becomes published, although the copyright owner may register the published edition, if desired.