Legal Question in Technology Law in Illinois

Non-profit volunteer wants stories and photos she took removed from website that

Hi,

I hope you can help me.

A past volunteer for a non-profit animal rescue wants photos and stories removed from our website that she donated (she wrote and took photos in digital form) while she volunteered for ''free'' at our rescue. She also got reimbursed in terms of her camera memory sticks and ink cartridges that she claimed were for the rescue on her annual taxes. Our rescue gave her receipts for these things. Does this past volunteer have any legal recourse to make the rescue remove past stories she wrote about canines and past photos she took for the rescue? It is sort of like a job--you cannot demand a past company you worked at remove photos and stories you created for a job that you held at a company you were employed at. Is it the same for a non-paid position with a non-profit?

Please help if you can.

Thank you,

--name removed--Ferreri--name removed--


Asked on 6/06/05, 6:35 pm

1 Answer from Attorneys
Kevin Thompson Davis McGrath LLC

Re: Non-profit volunteer wants stories and photos she took removed from website

When a copyrighted work is created, such as a photo or an article, the author owns the copyright in the work. If it is intended for it to be a "work made for hire" as you imply, then there needs to be a written agreement in place first. Otherwise, the copyright is retained by the author.

This answer is, of course, a generality, and there may be additional facts you haven't posted here that would be relevant. I would recommend that you sit down with an attorney knowledgeable about copyright law to discuss your options.

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Answered on 6/07/05, 7:51 am


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