Legal Question in Technology Law in Florida

Collective work of Copyrighted art

An artist tried on numerous occasions to have his artwork portrayed on film with audio for a video presentation. A technician was able to photograph the artwork with the artist's permission and then the technician scanned the photo's into a computer and digitized the audio and made a presentation for the artist. All pictures had to be touched up as well as digitally enhanced by adding lighting affects to each picture. The Collective work resulted in each picture being shown on video tape with sound in the back ground for affect. After giving the work to the artist, the technician was told he could not give copies of the collective work. Approximately 200 pictures in all with sound make up the collective work. Since the technicain worked with the artist who knew nothing of computers the technician felt slighted that he could not give out copies of the collective work. The artist says he is so owner of the collective work but he was not the one that made the tape. The technician was. Does the technician have any legal ground for claiming dual ownership?


Asked on 10/12/01, 10:42 pm

1 Answer from Attorneys

Anthony Comparetto Comparetto Law Firm

Re: Collective work of Copyrighted art

It is really going to depend if you were hire. It is a concept called "work for hire". That is when a person is hired to devote his artistic energy....the copyright then would belong to the person who hired the artist. If you were doing it together you may have co-ownership rights in the new copyright which is the enhanced product.

Anthony Comparetto, Esq.

www.helpwithlaw.com

727-328-7900

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Answered on 11/22/01, 9:42 am


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