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before receiving an assignment to do publicity photos. Obviously, disseminating information about copyright to clients is a much more difficult and challenging project than it has been to photographers.
"Work made for hire" has become an issue charged with emotion on both sides of the table. On the one hand, it does not seem fair and reasonable to creators that someone other than the actual author can be designated the legal author of an independent work. On the other, clients feel that they have "lost" something under the new law which, in many cases, they had never been aware they'd had. Both sides feel their rights are being "taken." In this atmosphere of mutual moral indignation, reasonable negotiation becomes almost impossible.
Clause (2) of Section 101 is working against the best interests of the author, the publisher and the public. The young, who are most vulnerable to its routine application in its most onerous form the open-ended agreement, have their future prospects dimmed. Working professionals, denied the aftermarkets, must find other sources of continuing. income to cushion themselves against dry periods. The acquisition of unlimited rights by those who commission work provides them with a store of material which can be used at will without additional payment, and reduces the opportunity for future employment not only for the photographer or other creator who signs a 'work for hire" agreement, but for all photographers and creators. Reduction of demand inevitably reduces the pool of talent available to publishers. This results in a thinning of the texture and richness of the nation's publications, and the impoverishment of our culture.
It is heartening to observe this Committee's continued pursuit of the Constitutional mandate "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." I look forward to further hearings on this important subject.