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Replies to discussion posts
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Responding to MB discussion
Hello, I have gone through your discussion and finds a lot of interesting points agree with
you that when making any work important thing to understand is copyright laws. I strongly agree
with you that before judging who is right and who is wrong between Steve and Diane, one must
first understand the copyright laws regarding works made for hire and those made for those
whose copyright belongs to. Since the copyright law states that; “a work that is presumed to be
authored by an employer because it was created by an employee on company time or work
authored by a commissioning party will own the copyright and the work falls into one of the nine
statutorily numbered categories.” Deborah E. Bouchoux.since Diane and Steve did not enter into
any written agreement regarding the photos taken by Steve this, therefore, means that Steve has
full ownership for the photos of Diane.it is also clear in the US law you have stated that;
someone who hires a photographer to take pictures of their wedding day (or other events), is the
photographer that owns the copyright for those photos. Rachel Brenke, Photography Copyright
Laws, Thelawtog,1https://thelawtog.com/copyright-laws-for-photographers/#:~:text=Copyright
%20is%20a%20property%20right,the%20employer%20of%20the%20photographer.From1the
above argument I can strongly agree with you that since Steve is a contractor and not an
employee of Diane, Diane has no right to ownership of the photos until she pays to own them
and the judge in a court case would rule in favor of Steve since Steve is protected with the
copyright law.
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Responding to DB discussion
Hello, you have a nice argument on who has the legal right to the ownership of the
photographs. Based on the facts you have stated Steve is an amateur photographer who was
asked by Diane who owns to help her take photographs of incredible parties at a pay of $50 per
hour Diane intends to use the photographs on an advertisement website but Steve is not willing
to give them to her. I agree with you that before judging from the above facts we must first
understand who lawfully has the right to ownership of the photographs by checking on elements
of copyright ownership to the facts at hand that are provided to us by Chapter 12 (Copyright
Ownership, Transfers, and Duration) and from the elements one states;
A. the original author(s) own the copyright of a created work equally regardless of individual
contribution; from this element, I agree with your theta despite individual contributions, the two
should share the work equally
B. the original author(s) may transfer their copyright either exclusively or non-exclusively; since
the two are not willing to share then this element is not met.
C. the employer owns the copyright of a created work for hire if the relationship provides for an
employee under common-law agency principles. Considering this element, I agree with you that
Steve doesn’t have the right to own the work he should therefore pass it to Diane who is his
employer.
