T
tami1215
Guest
Hi everyone,
I was looking at the Professional Photographers of Canada website and reading up on Canadian Copyright Law here http://www.ppoc.ca/copyright.php. At first, this paragraph really concerned me:
I intrepreted that as when a client commissions photography, that the photographer is NOT the copyright owner and therefore can NOT license the photographs to the client for personal, non-commercial uses and that the photographer essentially no longer "owns" the image.
That seemed to be completely opposite of how many professional photographers operate. So, I then looked up the Canadian Intellectural Property Office (CIPO) guide which states: "The author is typically the person who owned the negative or original photograph at the time it was made." Which is what I had thought to begin with.
However, the CIPO also provides this in a FAQ section (http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr02401.html#q4):
So, my final assumption is that Canadian professional photographers get around client copyright ownership by providing statements in their contracts to the contrary. And that because of Canadian Contract Law, the agreement between a client and a photographer (that the photographer owns the copyright and may license the photographs for personal, non-commercial uses to the client) would satsify Canadian Copyright Law.
If I'm right or wrong, either way I would really value your opinions, experiences, intrepretations, and discussions.
Thank you.
I was looking at the Professional Photographers of Canada website and reading up on Canadian Copyright Law here http://www.ppoc.ca/copyright.php. At first, this paragraph really concerned me:
Who is the author of a photograph determines who owns the copyright in the photograph. Generally, the author is the first owner of the copyright in a work. This is true for photographs with some exceptions. The Copyright Act provides that where a photograph is commissioned the copyright belongs to the person who orders the photograph.(emphasis added)
I intrepreted that as when a client commissions photography, that the photographer is NOT the copyright owner and therefore can NOT license the photographs to the client for personal, non-commercial uses and that the photographer essentially no longer "owns" the image.
That seemed to be completely opposite of how many professional photographers operate. So, I then looked up the Canadian Intellectural Property Office (CIPO) guide which states: "The author is typically the person who owned the negative or original photograph at the time it was made." Which is what I had thought to begin with.
However, the CIPO also provides this in a FAQ section (http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr02401.html#q4):
Q. Who owns the copyright?
A. Generally, the owner of the copyright is:
- the creator of the work;
the employer, if the work was created in the course of employment unless there is an agreement to the contrary;
the person who commissions a photograph, portrait, engraving or print for valuable
consideration (which has been paid) unless there is an agreement to the contrary; or
some other party, if the original owner has transferred the rights. (emphasis added)
So, my final assumption is that Canadian professional photographers get around client copyright ownership by providing statements in their contracts to the contrary. And that because of Canadian Contract Law, the agreement between a client and a photographer (that the photographer owns the copyright and may license the photographs for personal, non-commercial uses to the client) would satsify Canadian Copyright Law.
If I'm right or wrong, either way I would really value your opinions, experiences, intrepretations, and discussions.
Thank you.