Wednesday, 28 November 2007

Who is the owner the creator of the copyright?

Who is the owner the creator of the copyright?

Not necessarily its author or creator, a lot depends on who the creator is working for at the time. As a photographer for 30 years most of my work was carried out working for another photographer. However, the work I carried out on behalf of the other photographer, the copyright belonged to him and the work I did on my own, the copyright was mine.
Some Colleges and Universities make you sign a paper to state that any work carried out during your course of studies, the copyright would be theirs.
When you are working for another person or organisation then any work carried out during your normal working day, then the copyright belongs to them. Then there is the grey area of, if you have inspiration from work and then do the work at home, some could argue that the copyright still belongs to your place at work.
Commissioned or freelance work normally belongs with the artist but, there could be a contract whereby the copyright belongs to the person who gave you the work.
If you leave a job and then either work on your own or for another and you “pick up” where you left off with your previous job and use that work, you could certainly be in trouble.

Very often breaches of copyright means either an out of court settlement or actually going to let the courts decide if there is a breach of copyright. It is often a long, laborious and very expensive procedure, more often than not the case is sorted out before it ever gets to court.
One of the more notorious cases is between Orange and Easy-Jet who both use a similar shade of Orange as a trademark to their respective brands. Easy-jet/cruise are now nudging in on the mobile phone supplier, as if we haven’t enough choice? Orange phones have used the same colour Orange since its inception (pantone 151) and Easy have been using a similar shade of orange (pantone 021) for over a decade. It was only when Easy decided to encroach on the lucrative mobile market that Orange said it was too close to their colour and people may get the two confused.
Can a company own a colour? That is for the courts to decide.
Personally I find it laughable that grown men are arguing about a colour.
Easy is well Easy and Orange is ermmm Orange,
I would have thought their past reputation and standard sells their products.

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