TAZ
lvl.3
United States
Offline
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Lol...this is a perfect example of why asking for legal advice on a worldwide forum isn't likely to be of great help (and possible frustration). So many different rules and interpretations that are specific to your localized laws (and change over time)...that many will ignore, or not be informed of. The 333 exemptions VS Canadian SFOC exemptions is one example.
Ownership in regards to copyright law is another one. In the U.S. there is provisions in the copyright law in regards to "work for hire"...which may automatically assign the owner of the copyright to the hiring entity (if certain conditions are met). In Canada however, there is not this "work for hire" exception to the chain of copyright ownership. In Canada the first owner of the copyright is the author, unless they are under an employment contract that deems otherwise. A contract to do work as an independent contractor, is not defined as an employment contract for these purposes. So, unless you as the author specifically, in writing, transferred the copyright...you still own it. No one can take the right away from you to do with it as you please. That may not be the case in the U.S if this could be deemed "work for hire", so US vs Canadian advice may differ.. You can look up what an employment contract is defined as in Canada, but it appears you were not working under that. So, you automatically have all the rights of the copyright....and it really isn't confused by any "work for hire" provisions as may be the case in the U.S.. In Canada, this distinction (first owner) in regards to photographic work was reversed and greatly strengthened in 2012 in favor of the author. Prior to the new laws ownership of the copyright was transferred as soon as whomever commissioned the work paid for it. After 2012, whoever "authored" the work is the initial owner of the copyright, and retains it unless it is contractually transferred. So, if you further research, you'll want to distinguish between whether what you are reading was written prior to 2012, or after.
For reference, you can find interpretations to this change by googling "C-11 2012 copyright ownership change photography implications"
That being said (and ignoring he fact that I both said don't trust people's limited knowledge in a forum such as this, and then shared my own, which is also limited), I'd agree with advice here...the value to have a good working relationship with whomever hired you may greatly exceed any value you could gain in going against their wishes. You may realize the same value by simply asking they acredit your work, and link to it, rather than host it upon your own web site. Going forward at least in Canada, you likely don't NEED language in your contract to retain ownership of the copyright of work you author, without regards to payment. However doing so may shortcut any confusion on the hiring parties side, and good business practice. |
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