Are "Pay for Hire" copyright transfers automatic?

[Picture North Carolina]

If I hire and pay a graphic designer to create a banner image for a website (consisting of my images), is my ownership and use of that banner assumed / automatic, or do I specifically have to get a copyright release?

[BMS Studios]

Ownership of the rights and copyright are two seprate items. I would specify who owns the rights to the material in a contract or release. Copyrights are issued by the federal government to the owner of a piece of material.

[Picture North Carolina]

I am corrected. Let me rephrase.

I will pay a person to take my images and create a banner with them to be used on my website. No material used in the banner will be other than my own.

When finished, because (1) all source materials are mine, and (2) I paid the person to basically do nothing more than blend it all together, will I be able to use the banner without specifically getting a signed release from the person? Is usage automatically enabled because I paid for the work or is there still licensing / usage considerations to be considered?

[BMS Studios]

You own all rights since you paid for them. Once again, I would make sure this is specified in a contract or agreement.

[MJPhotos24]

Work For Hire is different than just paying someone. I get paid for shooting but still own all rights. Just because someone paid me to shoot doesn't mean they get all the rights, they get certain usage rights. Same can be said for any artistic service.

If the person is "work for hire" then once paid you retain the rights. This is usually stated on the invoice where it says something like "once paid in full transfer of rights" (more wordy, that's the short version obviously). With work for hire you can do what you want with the design with no worries after paying in full.

Just paying someone, without a transfer of rights, does not carry as much weight. You still own the images of course, but the actual design itself can be owned by the creator.

[Picture North Carolina]

Just paying someone, without a transfer of rights, does not carry as much weight. You still own the images of course, but the actual design itself can be owned by the creator.

Tricky business, all that legal stuff. What you're saying here is that the designer owns the rights to a design that was constructed using my images of which I own rights. Sometimes I think the legal industry made it as complex as possible only to ensure job stability! ;)

[FlyingPhotog]

Tricky business, all that legal stuff. What you're saying here is that the designer owns the rights to a design that was constructed using my images of which I own rights. Sometimes I think the legal industry made it as complex as possible only to ensure job stability! ;)

Word... :confused:

[MJPhotos24]

Yes, he would own the rights to the design - think of it as buying a template for a memory mate or a website - just because you put your images in there doesn't mean you own the design. It's not really complicated I don't think, it's just standard copyright laws.

Here's an example using Blurb books - your images, there designs and this is what appears in the book.

The Blurb-provided layout designs and graphic elements are copyright Blurb Inc., 2008. This book was created using the Blurb creative publishing service. The book author retains sole copyright to his or her contributions to this book.

[DDCSD]

Ownership of the rights and copyright are two seprate items. I would specify who owns the rights to the material in a contract or release. Copyrights are issued by the federal government to the owner of a piece of material.

I just wanted to point out that this is an incorrect statement.

For ease of explanation, I'll explain this in terms of photographs in general terms according to US law. You are the copyright holder of an image because you created it, at the moment you create it. The federal government does not issue anything to make this happen, it is automatic. You can, however, register your copyright with the US Copyright Office to allow for greater legal protection and allow you to sue for damages and legal fees if your copyright is infringed upon.

Work-for-hire situations muddy the water (copyright usually belongs to the employer), and a copyright can be transferred by contract (http://www.copyright.gov/circs/circ1.html#toc).


http://www.copyright.gov/help/faq/faq-general.html#what


To answer the original question, I have no idea. :) I would have a contract that states that the copyrights for the works are transferred to you though. That would make things pretty clear, and the designer couldn't come after you if they feel slighted in a year.

[Picture North Carolina]

Work-for-hire situations muddy the water

Well, that's an understatement if I ever saw one! ;)

Thanks all for your help. The designer is supposed to work on it this weekend. I just emailed and asked if rights will be transferred after payment is made. If the answer is no, I will stop the work. Thanks again.