Copyright: Authorship Basics

In this article, I will discuss in detail the various situations in which someone gets copyright ownership in a creative work.

You may also read this article in conjunction with 3 subsequent articles:

• Joint Ownership
• Works For Hire
• Assignments of Copyright

Consider the following hypotheticals:

HYPO 1: Harvey writes the next great American novel on his grandfather's typewriter.  Who owns the copyrights in the novel?

HYPO 2:  Harvey and Melissa co-write 12 songs and record them in his basement.  Who owns the copyrights in the songs and recordings?  (click here to read about Joint Ownership)

HYPO 3:  Harvey is a publicist at Toy Company.  His boss asks him to write some copy about a new line of toys for the company website.  Who owns the copyrights in the copy?

HYPO 4:  Harvey is a German professor and is approached by a publishing company to write a translation of Thomas Mann's Der Zauberberg.  Who owns the copyrights in the translation?

HYPO 5:  Harvey runs a travel company and needs promotional pictures for his website.  He finds a great picture of a modernist sculpture in Florence, Italy.  The picture was taken by Adrianna, who works for Nikon, while she was on vacation last year.  The sculpture was commissioned by the International Olympic Committee and created by Antonio, Carmella and Furio for the 2006 Winter Olympics in Torino.  Can Harvey use the picture on his website?

Let's begin with the basics:

Under the 1976 Copyright Act, an original work is protected by copyright from the time it is created in a fixed form.

This means - from the moment a work is written down, videotaped, recorded, etc., the author immediately owns the copyright.

Only the author, or someone getting rights from the author, can legally exploit the copyright.

So - who is an "author"?

On the surface, the answer seems obvious - and sometimes it is.  But as you might imagine, there are exceptions.

Section 201 of the Copyright Act states that copyright ownership vests:

1. Initially with the original author
2. Jointly among authors if there is more than 1 author
3. With employers or commissioners if it is a work made for hire
4. With anyone if stated in a written agreement

INITIAL OWNERSHIP

Let's begin with the most obvious - initial (default) copyright ownership.

Think of a situation where you work on your own to create an original work fixed in some tangible medium, like an album, book, film, website, etc.

You are the "author" of the work, and you own the copyright.

That's the easy situation.  Here are some trickier situations:

1. You collaborate on a work with others
2. You create a work for your boss as part of your job
3. You are hired for a "one off" project to create a work for someone else

I will be posting 3 more articles about this throughout the month.  Check back on MELON to read more about:

1. Joint Ownership - click here
2. Works For Hire - click here
3. Assignments - click here

- edited by Howie Cockrill, Esq.