Copyright For a Intern Photographer
14-Aug-2023 (In Trademark & Copyright Law)
Without a written agreement, by default, who would have the first copyright for the photographs and video shot during the tenure of a 3-Month long internship? Will it belong to the newly found startup or the photographer? Will it help if the photographer can firmly establish that he was the one who pressed the trigger button from the recorded conversations in the videos shot on that day? No company policies were shared with him regarding this during his 3-month long internship tenure.
Copyright comes into existence as soon as you click a photograph. Photographer is considered as the ‘author’ of the photograph. It is usually the Photographer, who is the first owner of the copyright in a work created by him/her, except when:
You have taken the photograph as an employee of a Newspaper, Magazine, or similar Periodicals, under a Contract of Service, Internship, or Apprenticeship or for publication in such a Medium/Media.
In such a case, the owner of the medium is the Copyright owner and the copyrights in photograph can be exercised by him only, and not by the photographer. The exception to this rule is when you have agreed something contrary (oppositive) to this, by way of an agreement or otherwise in writing, in which case, the agreement will prevail.
You have taken the photograph as an employee of a Newspaper, Magazine, or similar Periodicals, under a Contract of Service, Internship, or Apprenticeship or for publication in such a Medium/Media.
In such a case, the owner of the medium is the Copyright owner and the copyrights in photograph can be exercised by him only, and not by the photographer. The exception to this rule is when you have agreed something contrary (oppositive) to this, by way of an agreement or otherwise in writing, in which case, the agreement will prevail.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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