April 26, 2010
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Do I Own the Copyright?
Whenever an author or creator fixes his/her original work of authorship in any tangible medium of expression a copyright is born. An original work of authorship includes literary works, lyrics, musical compositions, plays, choreographic works, art and graphics, movies, scripts, sound recordings and architectural works. A copyright protects these works by allowing the owner of a copyright the exclusive rights to reproduce, distribute, create derivative works, perform, display and transmit the work. So the question is do you own the copyright?
Copyright Ownership
Initially, the copyright is owned by the author or authors of the work. Authors of a joint work become joint owners of the work. For employees who create original works for their employers the author is considered the employer under the copyright laws. Any work made for hire (or a work created for your employer) vests copyright ownership in the employer (unless otherwise agreed). In other words, you may have created the work but if you did so as part of your employment then your employer is considered the author of the work for purposes of copyright law. However, it is possible to have a written agreement with your employers that allows you to be the owner/author of all works you create. It is important to note that individuals who contribute ideas, procedures, systems, concepts, processes, discoveries or methods of operation do not become owners of the underlying work. For example, if you and a friend discuss a plot for a new screenplay and only you write it down, you are most likely the sole owner of the copyright. Your friend may have contributed ideas but the copyright came into existence when it was fixed in a tangible medium of expression. In other words, if you write it, you own the copyright. If you are unsure about whether you own the copyright to a work you have authored please contact a copyright attorney and obtain an opinion letter stating that you are the owner of the copyright.
