The following is intended to be a very brief overview of copyright law and
some of the ways that it can be applied to freelancers and users of digital
origination, storage and transmission methods. It is not intended to be an
exhaustive or scholarly treatment of what is a very complex and continually
evolving subject.
 
 
Copyright basics:
 
Copyright law defines certain types of original intellectual works, such as
books, written articles and photography as property and protects those works
from unauthorized reproduction.
 
Under the U.S. Copyright Act (signed in 1990,) an original work is protected
from the moment that it is fixed in a tangible medium. For all works created
after March 1, 1989, when the U.S. became a signator of the Berne
(International Copyright) Convention, no registration, other paperwork, or
copyright notice on the work is required for this protection. Works first
published before March 1, 1989 should have a copyright notice on each copy of
the work and they should be registered with the U.S. Copyright Office
 
For instance, a photograph is copyrighted from the instant that the camera
shutter is triggered. Digital storage is considered to be a tangible medium.
 
Works are protected against not only unauthorized sale, but against
unauthorized distribution. This means that a re-user cannot re-publish a
copyrighted photo, even in a free publication, or on a free computer bulletin
board without permission from the copyright owner. Non-profit organizations
are not exempt from copyright law.
 
In the U.S., it is still advantageous for an author to register a work with
the U.S. Copyright Office. If an unregistered work is infringed upon, the
author must register the work with the Copyright Office before filing suit and
then can only seek compensation for actual economic loss. Registration allows
recovery for statutory damages, which can be substantially higher. Another
benefit of registration is that the plaintiff can recover attorney's fees from
a willful infringer.  Registration is very easy, and the filing fee is only
$20. For information on how to register your work (as well as to get free
forms,) call the U.S. Copyright Office at (202) 707-3000.
 
Although it is not required for protection, affixing a copyright notice to a
work will minimize the likelihood of an infringer claiming "innocent
infringement."  The copyright notice consists on the word "Copyright", the
abbreviation "Copr." or the C-in-a-circle character; plus the name of the
copyright owner; plus the date of first publication if the work is published.
If the work is unpublished, leave out the date. If you don't have access to
the C-in-a-circle character, then use "Copyright" or "Copr." Do not use
C-in-parentheses "(C)" by itself since it is not accepted around the world.
 
According to the Copyright Act, transfer of copyright or of an exclusive
license must be in writing. The burden is on the re-user to determine who owns
a given work and to seek re-use permission from the owner.
 
Work produced by an employee within the scope of regular employment belongs to
the employer. Freelance work that is produced outside of working hours, as
long as it is not in the same field as a person's regular employment, belongs
to the actual author of the work.

There is some disagreement about the status of freelance work that is in the
employee's regular field but outside of working hours. So if you're a staff
photographer and get a freelance assignment, you would be wise to talk to your
employer or to seek individual legal advice.

Freelancers are sometimes asked to sign "Work Made for Hire" agreements that
say that the work produced by the freelancer belongs to the client. Such
agreements must be in writing and cannot be imposed unilaterally by such means
as printing them on the back of a payment check.
 
 
Author's note:
 
This article has been checked for accuracy through the generosity of Robert
Becker 71217,613, a Washington, DC-based attorney who specializes in media law
and by Frederic M. Wilf 72300,2061, a Media, Pennsylvania attorney and an
expert in intellectual property law.
 
Any inaccuracies are mine and mine alone.
 
 
Copyright 1993 Mark Loundy
All Rights Reserved

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