Commons:Administrators' noticeboard

‎Issue raised in Commons:Deletion requests/File:ATM jEFF.jpg‎
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Revision as of 23:07, 29 March 2013
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:::::LX, the "written instrument" provision of § 101 is part of the definition of a “work made for hire” which, in turn, is an exception to the definition of a “work of visual art”. Images published on Commons are not covered; they are not "a still photographic image produced for exhibition purposes only, existing in a single copy that is signed by the author, or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author." I think this provision affords additional protection to artists who exhibit and sell prints of their work by explicitly requiring a "written instrument" exist to substantiate a claim of a work for hire. I don't think this provision applies to a still photograph that is not a “work of visual art”. § 201(d) appears to apply generally, to wit, "The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession." This would not appear to require conveyance in writing. But, even if my interpretation is correct, I think we should encourage uploaders to obtain a written transfer agreement as a matter of prudence. --[[User:Wsiegmund|Walter Siegmund]] [[User_talk:Wsiegmund|(talk)]] 19:29, 29 March 2013 (UTC)
 
:::::LX, the "written instrument" provision of § 101 is part of the definition of a “work made for hire” which, in turn, is an exception to the definition of a “work of visual art”. Images published on Commons are not covered; they are not "a still photographic image produced for exhibition purposes only, existing in a single copy that is signed by the author, or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author." I think this provision affords additional protection to artists who exhibit and sell prints of their work by explicitly requiring a "written instrument" exist to substantiate a claim of a work for hire. I don't think this provision applies to a still photograph that is not a “work of visual art”. § 201(d) appears to apply generally, to wit, "The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession." This would not appear to require conveyance in writing. But, even if my interpretation is correct, I think we should encourage uploaders to obtain a written transfer agreement as a matter of prudence. --[[User:Wsiegmund|Walter Siegmund]] [[User_talk:Wsiegmund|(talk)]] 19:29, 29 March 2013 (UTC)
 
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:::::: I don't see where you're getting the connection to "work of visual art"; "A “work made for hire” is—(1) a work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire..." Section § 204 is very clear: "A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent."--[[User:Prosfilaes|Prosfilaes]] ([[User talk:Prosfilaes|talk]]) 23:07, 29 March 2013 (UTC)
 

 

 
::For LX, Jim, has on several occasions raised doubts / points of this nature. Hence a clarification is needed, although this is purely a clarification, not a complaint. [[User:Hindustanilanguage|Hindustanilanguage]] ([[User talk:Hindustanilanguage|talk]]) 15:31, 29 March 2013 (UTC).
 
::For LX, Jim, has on several occasions raised doubts / points of this nature. Hence a clarification is needed, although this is purely a clarification, not a complaint. [[User:Hindustanilanguage|Hindustanilanguage]] ([[User talk:Hindustanilanguage|talk]]) 15:31, 29 March 2013 (UTC).

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