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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 20 Feb 2008 (Wednesday) 16:38
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Canadian work for hire definitions and copyright ownership

 
Monito
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Mar 06, 2011 07:02 |  #16

Read paragraph 13 (2), quoted above, from the Canadian Copyright act. It is quite clear that when a photographer is commissioned and paid, the client owns copyright, "in the absence of any agreement to the contrary". You don't have to be an employee, just commissioned (pre-ordered) and paid. aschwartz0123 is flat out wrong. She or he complains about people googling misinformation, but it seems that aschwartz has not even read the act they claim to have read. The Act is online at the Government of Canada site.

It's not rocket science, folks. Put "Photographer owns the copyright to all images covered by this agreement." in the contract. Get the agreement signed by both you and the client. I do this even for Trade for Portfolio.


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tronvillain
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Feb 17, 2018 09:27 as a reply to  @ Monito's post |  #17

Resurrecting a seven year old thread, but this was one of the first things that turned up in a search, so this may be worth adding: 13 (2) was repealed in 2012, eliminating the client owning the copyright by default. See here: http://laws-lois.justice.gc.ca/eng​/acts/C-42/page-4.html (external link)




  
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Dan ­ Marchant
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Feb 17, 2018 23:31 |  #18

tronvillain wrote in post #18565846 (external link)
Resurrecting a seven year old thread, but this was one of the first things that turned up in a search, so this may be worth adding: 13 (2) was repealed in 2012, eliminating the client owning the copyright by default. See here: http://laws-lois.justice.gc.ca/eng​/acts/C-42/page-4.html (external link)

Yep Canada is now in line with most other nations in that copyright belongs to the author by default unless contracted otherwise.


Dan Marchant
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Canadian work for hire definitions and copyright ownership
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
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