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  • This blog is maintained by Stephen Filler, a New York-based attorney with expertise in business law, contracts, intellectual property and litigation. He has worked extensively in the photography, art, print and digital content industries representing photographers, artists, writers, stock photography companies, digital content websites, and businesses using photographs, art, text and digital content. He also represents of a wide variety of businesses, software, technology, media companies and individuals. He also provides legal and consulting services to sustainable, environmental and renewable energy businesses, non-profit organizations and trade organizations. His business website is www.nylawline.com.

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April 02, 2007

Comments

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question:

If a free lance photographer shot photos of my property, and was paid by a realty corporation in service to me, does the copyright transfer to them alone (coldwell Banker), stay with the photographer (not really an employee of CWB), or does it transfer to CWB, and me as the client whose property is being advertised ?

Mark

By reading this it would almost seem impossible for a second shooter hired as a consultant rather than an employee to shoot a work for hire.

Reason being is the def of a consultant vs employee involves lack of specific direction and the work for hire entails specially ordered.

Am I correct is my interpretation of this conflict?

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The major exception is if the photograph is a “work made for hire,” which can happen in two ways.

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The major exception is if the photograph is a “work made for hire,” which can happen in two ways.

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Thanks! Great post you have written on "Understanding Work for Hire". Really I can say that your post is very informative, I'll come across your blog again when you will update it with new.
Thanks,
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http://www.jrlaw.org/

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The major exception is if the photograph is a “work made for hire,” which can happen in two ways.

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