Real Estate Photography image rights

Started 6 months ago | Discussions thread
Michael Fryd
Michael Fryd Forum Pro • Posts: 15,645
Re: In exchange for...

ampimagedotcom wrote:

Generally, it would be called the "contract" between the two parties.

Okay, so a "Work Made for Hire" agreement that isn't actually one because it does not fall into the “Work Made for Hire” category, is called a "contract" between the two parties... in the USA.

You can call it whatever your want.

However, you should keep in mind that in the USA, a "Work Made for Hire" agreement has a specific legal meaning. It is a document, that when paired with certain categories of work, specifies that initial copyright owner is someone other than the author/creator of the work.

I am not commenting on whether or not your proposed definition would be a better one. I am just pointing out that your proposal is not consistent with the definition of the term in US Copyright law.

Making a case that your definition makes more sense is irrelevant to the issue of what the law says.

If you think that the US Congress made a poor choice when the codified the definition of "Work Made for Hire", then take it up with the US Congress and the US Copyright office.

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