Do I own the copyrights or do they?

[NemoNiemann]

Actually, in a way, you both own the copyright. You have the copyright on the images, they have the copyright on the project -- i.e. the calendar. It's not unusual to have two coexisting copyrights, one on the publication (the use), and you on the creative property (the images). As someone said, send a CD to the copyright office and the images are copyrighted for you. Also, they can say "copyright So-and-So Company", but unless it's actually sent and registered with the Copyright Office, it's only an "intention to copyright".

[Barry_M_Robinson]

[ QUOTE ]
. . . unless it's actually sent and registered with the Copyright Office, it's only an "intention to copyright".

[/ QUOTE ]
Copyright does not have to be registered, it is automatic upon creation of the work. See "HOW TO SECURE A COPYRIGHT" at the U.S. Copyright Office. Copyright registration is required only when pursuing an infringement case through the courts.

The calendar creators own precious little that can actually be copyrighted, here is what the actual U.S. law has to say about the matter (italics indicated quotes from the actual legislation or from U.S. Copyright Office general information):

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§ 103. Subject matter of copyright: Compilations and derivative works

(a) The subject matter of copyright as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.

(b) The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.
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The calendar creators don't own the photographs in this case (see above), they don't own standard calendar data, and most likely they can't copyright the actual calendar layout unless it is really non-standard and non-utilitarian.


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"WHAT IS NOT PROTECTED BY COPYRIGHT?

Several categories of material are generally not eligible for federal copyright protection. These include among others:

Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents"

from Circular 1 "Copyright Basics", U.S. Copyright Office


§ 101. Definitions
”Pictorial, graphic, and sculptural works” include two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans. Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article."
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Barry M. Robinson

[DouglasUrner]

As someone already said, try and make this a win-win for you and the producers. They may be clueless enough to be doing nothing wrong, just figuring that the calander should have a copyright on it and not knowing anything about how this is done. I'd begin with a friendly discussion aimed at getting the project launched on the right foot.

Doug

[NemoNiemann]

[ QUOTE ]
The calendar creators don't own the photographs in this case (see above), they don't own standard calendar data, and most likely they can't copyright the actual calendar layout unless it is really non-standard and non-utilitarian.

[/ QUOTE ]

This is not correct. If you produce a calendar, the design is copyright, regardless of who owns the photos, as an overall presentation. Of course, everything is up for interpretation, if you want to take it to court. . .

[Barry_M_Robinson]

[ QUOTE ]
[ QUOTE ]
The calendar creators don't own the photographs in this case (see above), they don't own standard calendar data, and most likely they can't copyright the actual calendar layout unless it is really non-standard and non-utilitarian.

[/ QUOTE ]

This is not correct. If you produce a calendar, the design is copyright, regardless of who owns the photos, as an overall presentation. Of course, everything is up for interpretation, if you want to take it to court. . .

[/ QUOTE ]

You have taken my words out-of-context. I never claimed that the design could not be copyrighted, just that actual calendar layout (the calendar data and its presentation as rows and columns with or without event dates) could not be copyrighted; here is my prefactory statement.

[ QUOTE ]
The calendar creators own precious little that can actually be copyrighted, here is what the actual U.S. law has to say about the matter . . .

[/ QUOTE ]

The calendar creators may own something but when you subtract what they don't or can't own under the law, it probably isn't very much. As the U.S. Copyright Office points out you can't copyright standard calendar data, small changes in type and other minor variations. U.S. Copyright law does not protect strictly utilitarian designs; hence my caveat "unless it is really non-standard and non-utilitarian." Most calendar layouts are utilitarian in nature. The month is divided into weeks and days and the calendar may or may not include space for the user to record events and appointments.

The calendar creators would certainly own things such as the captions to the photos and other things that are unique to their calendar and possibly the overall design. However, what they do own isn't likely worth very much without the images.