The intention of the parties at the time of the undertaking is weighed heavily. If a work is a joint ownership work, each owner has an independent right to use or license the use of the joint work. Each one has a duty to account to the other for any profits. This concept has caused some outrage, especially in the freelance photography community. Publishers generally do not expect that the magazine photo editor who touches up a photo before publication would become the joint owner of that photo.
Publishers expect that they are the sole owners.
Back to top Advertisements Advertisements in newspapers must contain their own copyright notice to be enforceable, and are not covered by the newspaper s general notice in the newspaper. This requirement is erased, however, if the newspaper itself is the sole owner of the advertisement. The newspaper should include in its rate card information concerning the requirement of notice if the advertiser intends on claiming copyright protection for the ad. The future of CD-ROM and other multimedia products creates great opportunities for the newspaper industry. However, to enjoy success without legal headaches some planning is essential, especially in the area of copyright.