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A lot of legitimate copyright ownership depends on the ability to assign copyright. It varies by work and by jurisdiction, but the default copyright holder (by
by stan_rogers 15y ago
A lot of legitimate copyright ownership depends on the ability to assign copyright. It varies by work and by jurisdiction, but the default copyright holder (by statute) is not always the party it should be. In the US, for instance, a corporation's identity might belong by default to the designer, such that they may be able to register trademarks but be prevented from using them freely without copyright assignment. In Canada, the commissioner, not the creator, of a work holds copyright by default, so contracts of commission for things like portraits and weddings photos usually include a copyright assignment clause. (That's actually an improvement over the previous state of affairs, in which the photographer would have to hire the subject as a model for a nominal fee in one contract, then have another contract for purchase and use of the work.)
I suppose you could legislate the general condition, but there will always be edge cases. Unfortunately, allowing for edge cases is going to result in abuse.