In article <3311AA32.1136@imap.eng.fiu.edu>, larkins@imap.eng.fiu.edu says...
>The reply is correct, something wedding photographers don't want to tell
>clients but none the less correct. Advance payment in the absence of a
>modification by contract is a work for hire. The employer owns the rights.
>Sorry Guys, but the truth is just the truth....
>Grover Larkins
Hmmm, this is not as I understand it (though I could easily be wrong...;-).
The difference lies in the nature of the arrangement - whether one is
regularly employed by someone (as in, steady paycheck, taxes, etc. withheld),
and contract work, where the services (and pay) may be intermittant and irregular (regardless of whether partial [or full!] payment is made in
advance, or at any other time). What are you basing your opinion on? (Maybe
I won't be accepting advance payments in the future...;-) BTW, local photographers have been winning the right to collect for uses from a local paper that used their photos from its files - the photos were made while the
photographers were on retainer, but not paid an ordinary paycheck (with
deductions, etc.) - but they were paid a regular weekly sum (with no deductions, as in, not ordinarily employed...).
Hope This Helps