So this guy helped me put together a free WordPress website where he created a collage of some of my pics. Since he was an acquaintance, no money changed hands. Now, he is asking me to either attribute the work to him or take down the collage. I thought I owned the copyright?
S
Sophea
Guest
I believe a collage would be considered a derivative work. Copyright owners (so you in this case) have the exclusive right to make derivative works out of the original copyrighted material (i.e. the photographs). Therefore by allowing your friend to use the photographs to create the collage, you have impliedly granted him licence to use your copyright to produce a derivative work with the pictures.
The copyright in those original photographs remains yours, however, your friend would only be able to claim copyright to any new elements of the work - so the way that the images are merged and compiled together. It's pretty grey because you can't really separate the pictures from the way they are collaged together in the derivative work. Tricky one.
The copyright in those original photographs remains yours, however, your friend would only be able to claim copyright to any new elements of the work - so the way that the images are merged and compiled together. It's pretty grey because you can't really separate the pictures from the way they are collaged together in the derivative work. Tricky one.
Nube,
I agree with Sophea and add that your acquaintance also has "moral rights" (which are distinct and separate from copyright). They too are protected under the Copyright Act 1968 (Cth) and include the right of "attribution" - see here for general information.
What you should have done is engage the acquaintance under a contract where he agrees to allow you to infringe his moral rights by not attributing him. See clause 3 of this contract as an example. You could also look for a "moral rights waiver" consent form.
As you've lost no money, I'd suggest you engage another person to arrange the collage and have them sign the appropriate web design contract / moral rights waiver. You could also offer your acquaintance a small incentive to get him to agree to such a waiver.
As an aside, you'll probably get a better response rate on this forum in future if you avoid phrases like "hello! anybody home?". A lot of us are practicing and busy lawyers who give our time for free to help people out who can't afford to see a lawyer. Just something you might bear in mind.
I agree with Sophea and add that your acquaintance also has "moral rights" (which are distinct and separate from copyright). They too are protected under the Copyright Act 1968 (Cth) and include the right of "attribution" - see here for general information.
What you should have done is engage the acquaintance under a contract where he agrees to allow you to infringe his moral rights by not attributing him. See clause 3 of this contract as an example. You could also look for a "moral rights waiver" consent form.
As you've lost no money, I'd suggest you engage another person to arrange the collage and have them sign the appropriate web design contract / moral rights waiver. You could also offer your acquaintance a small incentive to get him to agree to such a waiver.
As an aside, you'll probably get a better response rate on this forum in future if you avoid phrases like "hello! anybody home?". A lot of us are practicing and busy lawyers who give our time for free to help people out who can't afford to see a lawyer. Just something you might bear in mind.
benwaldeck.com
Active Member
It is likely that, in the absense of a contract you own the copyright in the photos - if you took them. Your acquaintance (A) owns the collage aspect of the works only.
It is important to be aware that A may still own copyright in any other works he has created. I note that your question headling "Who Owns Copyright of WordPress Website and Photos?"
With regards to Wordpress portion of your question: Obviously, A cannot assign the copyright that subsists in Wordpress - something that he doesn't own. However, if he was the original author in other works that he has created for the website such as any page content (text) that he has created, any other graphical elements and any code he has written (CSS, HTML, JSS, etc.) - for plugins, extensions, page layout, etc - then he will likely have exclusive rights to those works as well.
As you have probably already paid him, and therefore consideration has passed, (and as it appears there is no contract) the correct way to assign the rights in copyright that he owns, is with a deed of assignment - A must agree to, and sign this deed. An intellectual property lawyer will need to prepare the deed to ensure all relevant rights are properly assigned to you, or your company as the case may be.
Hope this helps
Ben
It is important to be aware that A may still own copyright in any other works he has created. I note that your question headling "Who Owns Copyright of WordPress Website and Photos?"
With regards to Wordpress portion of your question: Obviously, A cannot assign the copyright that subsists in Wordpress - something that he doesn't own. However, if he was the original author in other works that he has created for the website such as any page content (text) that he has created, any other graphical elements and any code he has written (CSS, HTML, JSS, etc.) - for plugins, extensions, page layout, etc - then he will likely have exclusive rights to those works as well.
As you have probably already paid him, and therefore consideration has passed, (and as it appears there is no contract) the correct way to assign the rights in copyright that he owns, is with a deed of assignment - A must agree to, and sign this deed. An intellectual property lawyer will need to prepare the deed to ensure all relevant rights are properly assigned to you, or your company as the case may be.
Hope this helps
Ben
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