Map copyrights (was BOC2010)

[graeme]

In general terms the copyright of a map is held by the cartographer - ie the person that creates it, unless as part of the contract for doing so they are required to handover the copyright as well.

Re copyright you are completely wrong - the copyright lies with the person or body the pays for the work - ie BOC or WCH not the cartographer. You may be mixing up the "standing materials" with copyright.

So how would that work if someone (here BOF) pays for a rather cursory update on a detailed map? Do they get the copyright on the whole thing?
At our small-but-perfectly-formed upcoming Calder Wood event, you did one half (and got paid for a good job), then later I did the other (and didn't get paid for ...) and updated your bit. Can I claim copyright? What are standing materials anyway?

[Gonzo]

Commissioned works
When you ask or commission another person or organisation to create a copyright work for you, the first legal owner of copyright is the person or organisation that created the work and not you the commissioner, unless you otherwise agree it in writing.

Even though the legal owner of copyright is the creator, it is possible that the commissioner may be considered by the courts to be the beneficial owner of copyright and therefore entitled to legal ownership. This could be where you intend to stop others using or copying the work that has been commissioned for instance a logo designed to be used as your trade mark.

Whilst it might sometimes be possible for a commissioner to argue that he is the beneficial owner of copyright, it is wiser that copyright issues are dealt with as part of the contract so that everyone knows where they stand. In copyright law, it is possible to set out beforehand who will be the owner of copyright in a work yet to be created. It is therefore sensible for an agreement about a commission to cover ownership of this future copyright if it is desired that you, rather than the creator, should be the owner. The agreement must be in writing signed by or on behalf of the creator to be effective. Commissioning contracts can also cover who is licensed to use the copyright material to be created

[Red Adder]

I do work for the club (on expenses only) and schools (expenses + small fee). With my club I always vest the copyright with the club whether its new work or minor changes and would expect others mappers in the club to do the same (which up until now they have). Similarly with organisation whopay for my services I vest the copyright with the school or local authority. If they ask someone else to amend my work I would expect them to protect their own copyright but truthfully wouldn't loose too much sleep over soemone else taking it over - lifes to short to worry about things like that - its hardly likely they are going to become millionaires of the back of it.

The one time I was involved in the club buying in a mapper explicitly stated in the contract that on copyright would be owned by the club.

Here is another question - how far back do you go in acknowledging previouos maps - it seems fine to mention "members of XXXOC" when many people have been involved but what if its largely, but not entirely, the work of "Joe Bloggs ?"

And a further one - what if the club folded - who owns it then ?