Photography has enjoyed a unique niche in the history of copyright, especially in the context of the work-for-hire doctrine. In this article, I intend to trace that history, beginning with the Supreme Court case decided over 100 years ago which first extended copyright protection to photographs. I will then examine the treatment photography received under the 1909 Act and the 1976 Act and judicial interpretations of this legislation. Finally, I will look at recent legislative action in the states of New York and California and its impact on the workfor- hire doctrine as it is applied to photography, and recommend a statutory addition for Texas.
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