Richard, A copyright can only be given away or sold to another person or organization if it is done in writing. Since the convention organizer would not likely have asked for the presenter to sign away the copyright to a talk, the organizer could not obtain the copyright. In a 'work for hire,' the creator holds the copyright unless the hiring company, as a condition of employment, requires that the copyright pass to the company. Being in business, and being familiar with such things, they would almost certainly require that something be signed to that effect. Being paid for a speech does not mean that the presenter loses the copyright. The average genealogist would not know enough to require a written agreement when, for example, they hire someone to make a translation of a document for them. The translator maintains legal control of the copyright of the translation unless something is put in writing. In the absence of a written transfer of the copyright, I do not believe that the person paying for the translation has the legal right to publish the translation without the translator's written permission. I don't think a verbal contract (agreement) would take precedence over the copyright requirement that the copyright transfer be in writing, but that would be an interesting question for Pat Asher. "Any or all of the copyright owner's exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent. Transfer of a right on a nonexclusive basis does not require a written agreement." http://www.copyright.gov/circs/circ1.html (see Transfer of Copyrights) On the same page see "What is Not Protected by Copyright?" There would be no protection for "works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)." The presenter may have put the speech on paper before giving it, in which case he/she owned the copyright even before it was given. If it was not written down, it became "fixed in a tangible form" when it was recorded in audio or video. So the speech itself would have become copyrighted by the presenter when it was recorded. The question remaining is, "Does the recorder get a copyright on the recording of the speech?" Although skill is required, I don't think there is the required creativity when making an audio recording (some may disagree with that view). But, I think there is the required creativity when making a video, just as there is when taking a photograph. The video was made with the presenter's permission. Assuming there were no extenuating circumstances, I think the videographer owns the copyright on the video. Distribution is a right of the copyright holder. The right to distribute the speech is at odds with the right to distribute the video. As illogical as it may seem, I conclude that despite owning the copyright of the video, the videographer would not be able to distribute the video of the copyrighted speech without the permission of the presenter. I have never seen a situation quite like this before, so I await the comments of other list members. Did I go astray somewhere in this analysis? Cliff Lamere ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Richard Pence wrote: > An exchange in another list raised this issue in my mind. > > You give a lecture at a genealogy convention and, with your approval, > it is taped (either audio or video). > > Absent any specific contract point on this, who owns the copyright - > the person who gave the lecture or the person who taped it? > > Richard P. > Fairfax, Virginia > > > > ==== COPYRIGHT Mailing List ==== > RootsWeb's mailing lists are filtered and attachments are removed. A > virus that is distributed as an attachment will not reach you through > a RootsWeb mailing list. For further information about Viruses, > Trojans, Worms etc., go please to: > http://helpdesk.rootsweb.com/virus.html. Think to keep your Anti-Virus > up-to-date! > > ============================== > Search the US Census Collection. Over 140 million records added in the > last 12 months. Largest online collection in the world. Learn more: > http://www.ancestry.com/s13965/rd.ashx >