General Category > Comic Related Discussion
Jack Kirby's copyrights and Steve Ditko's departure from Marvel Comics
bminor:
Incredibly fantastic stuff!!!
boox909:
Thanks for sharing these statements...interesting reading!
Roygbiv666:
I'm confused.
Under "Freelance" conditions, the artist signs away his rights when he cashes the cheque.
Under "work for hire", the artists ..... signs away his rights when he cashes the cheque?
Either way, the artist has no rights after the transaction.
I'm not getting the distinction here. Can someone explain it like I"m 4 years old?
OtherEric:
--- Quote from: Roygbiv666 on March 31, 2011, 04:43:35 AM ---I'm confused.
Under "Freelance" conditions, the artist signs away his rights when he cashes the cheque.
Under "work for hire", the artists ..... signs away his rights when he cashes the cheque?
Either way, the artist has no rights after the transaction.
I'm not getting the distinction here. Can someone explain it like I"m 4 years old?
--- End quote ---
Under "Freelance" conditions, the artist signs away certain rights, which may be all rights known to exist at the time the rights were signed away. When Congress extended copyright, they specified that the original freelancer had the right to reclaim the rights to the creation, since they couldn't and didn't know they would exist when they first sold the rights.
Under "work for hire", the work is done as an employee of the company, and for legal purposes the company is considered the creator. (I believe not all countries recognize the concept of "work for hire", by the way.) The person who did the work has no rights to reclaim under the extended copyright since they are not for legal purposes the creator.
A lot of the arguments fall back on was the work originally freelance, or was it work for hire.
josemas:
I noticed that Adams mentioned that he used to cross out the "work for hire" clause on the back of his checks before he cashed them. I wonder if this sort of action on his part has any affect on the whole subject.
Best
Joe
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