The Berne Convention Says That Copyright Exists by Default
While following links on Wikipedia (Superman once led me to Nenets Autonomous Okrug), I came across this section of the article on Copyright:
Under the Berne Convention, copyrights for creative works do not have to be asserted or declared, as they are automatically in force at creation: an author need not “register” or “apply for” a copyright in countries adhering to the Berne Convention. As soon as a work is “fixed”, that is, written or recorded on some physical medium, its author is automatically entitled to all copyrights in the work, and to any derivative works unless and until the author explicitly disclaims them, or until the copyright expires. The Berne Convention also resulted in foreign authors being treated equivalently to domestic authors, in any country signed onto the Convention.
So how is this important to you?
Freelancers and Contract Workers should always consider the copyright issues of their projects. It’s another aspect of being earnest about your agreements. First and foremost, before a project is even begun, it should be clear who the copyright owner of the final output will be. Will the client enjoy exclusivity in this regard? What about the freelancer? It’s also possible that both parties will jointly own the copyright.
Sometimes, you’ll have to give your client the copyright. There’s nothing necessarily wrong with that, since some companies would want to use your work over and over again and not have to pay any royalties. What’s important here is that you have to make sure if you’re willing to give away your copyright, or not. Settle the question now rather than later.
Yes, the Berne Convention gives you as the creator the copyright by default. But make sure this is also clearly on paper. Relying on verbal agreements alone, while honorable, may open the door to much stress as you find yourself trying to assert your copyright in court. As long as something is written down, and signed by all parties involved, there can be no confusion over the issue.
It’s important to settle the question of copyright at the very beginning. Usually, only the copyright owner has the right to any profits generated by a body of work. And it would be a waste if you find yourself unable to earn a living of your own time and money. Just like how Jerry Siegel and Joe Shuster (and their families) struggled to profit from their most famous creation, Superman.
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2 opinions for The Berne Convention Says That Copyright Exists by Default
Luis Cruz
May 13, 2007 at 5:35 pm
First and foremost, before a project is even begun, it should be clear who the copyright owner of the final output will be.
This is one of the reasons I hardly ever give a quotation outright. I ask for a full set of requirements so I know where my photos will be used. A picture used for a company’s in-house materials will be priced much higher if it were used for marketing or advertising materials.
Rico
May 13, 2007 at 10:53 pm
True. Especially since in this case your client will end up using your output much more.
What’s your experience with clients in your freelance photography career? Are there any difficulties when discussing the copyright of your photos?
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