University photos

**Rich Pomerantz rich@richpomerantz.com>**

Lon & Margaret - Whether the university/Regents owns the images has 
nothing to do with how arrogant they may or may not be or how their 
financial history reads, and everything to do with copyright and work 
for hire laws. If the images were made by a full time employee of the 
university then the university owns the copyright to the image. This is 
basic work-for-hire. Copyright to images made by a full time employee in 
the course of his employment are the property of the employer. Copyright 
to images made by a freelancer remain the property of the freelancer 
unless the freelancer signs a written work for hire agreement 
specifically assigning the copyright to the employer (in this case the 
university). This is equally true of the University of California, every 
newspaper & corporation in the USA with an in house media department, & 
mom & pop photo studios who use employees to photograph their client work.

As far as the restrictions they are placing on use, they are protecting 
themself as many copyright holders do. There is no blanket rule saying 
that property of a public university is available for the taking by the 
  general public, whether that property is a bench, a car or a copyright.
Their notice is their expression of that. The way I read what you posted 
it seems that their main concern is the use of their images in a 
"commercial' context, that is, to sell some product. However, they 
include this blanket statement: "In addition, they may not be used
and distributed in software, photo sets, or other electronic media, or 
in any printed publication without written consent."

Your use sounds like "any printed media". It seems to me you'll have to 
at least ask them if you can use it and if they have their act togather, 
they will expect to charge you for that use just as any other stock 
photography provider would. Certainly if you contacted me to use my 
vineyard images in your book I'd expect compensation. They are no 
different.

Rich Pomerantz

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