>>"standard terms and conditions" are typically for those who elect not
to read a contract and take exception to what is considered standard by
someone else...<<

We are referring to different things.  Industry based standard terms and
conditions are not included in the contract language but are referred to
as a reference.  Reading the fine print may prevent you from having an
automatic reorder, but will not make you aware that the printer owns the
copyright to the materials they created for you.

>>If you're paying for the service, then I don't understand (unless
there is some "underlying legal reason") why the work product wouldn't
belong to you.<<

You have hit the nail on the head.  You are paying for the service, not
for the creation of the documentation that the service provider creates
as the result of providing the service.  Those belong to the service
provider, not the client.

>>When you leave the care of a physician for another physician, YOU have
to sign the release for the medical records to be transferred to your
new physician,<<

As Liz has already pointed out, copies of the records are transferred,
not the originals.  In addition, the medical provider typically does not
send a copy of all of the documents in the file, only records created by
them.  Your permission to release records does not include permission to
release records from other providers.

>>current law in most states requires commercial record storage
providers to attempt to contact patients of a partnership or medical
group (or a law firm) who has defaulted on a storage contract...but they
don't "own" medical, legal or financial records (this is based largely
on recent regulations regarding these categories of records, such as
HIPAA, GLBA,etc.) and the requirements to enter into "business partner
agreements".<<

You might be surprised.  Legally, the storage facility probably has
title to the records based on warehousing laws.  Uniform law provides
the warehouse with title to goods held when the owner defaults or
abandons the materials.  However, they are still bound by laws the
protect privacy and confidentiality.  They cannot do anything with the
property without permission of the folks or organizations to whom the
records relate.  They can offer the records to the individuals or
organizations or dispose of them.  Offering them is a public relations
win, not necessarily a legal requirement.

>>Again, this must be based on the contract they have signed with the
State.<<

These are employees of the state not contract photographers.

>>I still owned the work, but I negotiated a price per shot, based on
the shot... and in a couple of cases, the paper bought exclusive rights,
which required me to sign away ownership.<<

When was the last time you paid a medical provider or attorney for
exclusive rights to the records?

>>Bingo!  Prior claim, or a contractual agreement that states clearly
who owns the rights to the "product", and what the product is.<<

And that owner is the medical provider or attorney, not the patient or
client.


Bill

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