How to Make Sure I Own My Copyrights?
Copyright Ownership Problems: Are You Sure You Own Your Copyrights?
Identifying a businesses’ core intellectual property is not always as easy as it should be. Each type of intellectual property has its own quirks that can sometimes have surprising consequences for determining ownership.
A copyright (that is, the right to copy) is secured the instant the expression of something is made tangible. In other words, the copyright to a photograph exists the moment the photographer snaps the picture; a story or song is copyrighted as soon as it is written down; a sound recording as soon as the engineer hits the record button and records sounds, and an illustration is copyrighted as soon as it is illustrated.
How Are Copyrights Created? the initial owner of the copyright is the person (a human) who created the content, or in some cases the company who employed that person to create the content. The traditional relationship between an employee and employer can convey the copyright to the employer rather than the individual who created the work when: (1) creating that content was “within the scope” of the employee’s employment. 17 USC § 101; or (2) a signed, written agreement exists that the work will be considered a “work made for hire.”
Copyrights Created Through Employment - In determining whether the traditional employer/employee relationship exists, courts apply the “the general common law of agency,” which includes evaluation of various factors specific to the parties’ relationship and the nature of the work, including whether the hiring party has the right to control the manner and means by which the job is performed.
Copyrights Created Through “Work for Hire” – A “work for hire” situation exists “if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.” 17 USC § 101. But this agreement is only valid for the specific categories of works included in Section 101.
Ownership problems typically arise when (1) a business hires an independent contractor or other company to create content for it; or (2) when valuable content is created by a business’s owner or founder and that company is later sold.
How to avoid ownership issues? Tracking down ownership rights for copyright gets even more complicated if there are multiple co-creators. It is important that this task be handled by experienced attorneys who are familiar with these aspects of Copyright law. Any break in the chain of title could make enforcement of the copyright impossible. Even worse, if your company cannot obtain the rights to its content, then someone else probably owns that content and this can be a ticking time bomb.
For more information about securing ownership of copyrights, see our blog post Copyright Ownership Problems: Are You Sure You Own Your Copyrights?
Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.
This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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