Re: Photographs and copyright

[Kevin Hawkins <kevin.s.hawkins@xxxxxxxxxxxxxxxxxx>]

I agree with Sherry Gordon's response to the first question: university 
policy governs ownership of copyright in works created by faculty members.

As for the second question, in US law the subject matter of the 
photographs only matters if another work (such as a work of 
architecture) is portrayed by the photograph.  Taking a photograph of a 
copyrighted work is likely a derivative work.  Japanese, rather than US, 
copyright law may be operative here since the works were created in 
Japan.  You'll need to consult an attorney who understands the 
jurisdictional issues here.

The third question is not a matter of copyright law but of privacy law 
in Japan, which may or may not be enforceable in the US if the 
photographs will be hosted in a US-based server.

I am not an attorney, so none of the above shall constitute legal 
advice.  I would consult your university's general counsel office.

Kevin Hawkins

Marsha Zavar wrote:
> Some staff members at Beeghly Library, Ohio Wesleyan University are involved
> in a digitization project. We are planning on using photographs that an OWU
> faculty member took in Japan and posting them online in digital format. Some
> of the photos look like they were taken in museums or living history
> centers. My question is as follows: does the person who took the photos own
> the copyright to the photographs? Is the subject matter important when
> considering copyright ownership? Also she has  taken random shots of people
> in public settings. Do we have to be concerned with privacy rights if these
> are posted online?
>
>  
>
> Thanks for your help,
>
> Marsha
>
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