The Law Office of Samuel R. Smith, PC » Copyright

Do I Own the Copyright?

admin — Tue, 27 Apr 2010 01:05:36 +0000

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.

Do Copyright Laws Affect Me?

admin — Thu, 22 Apr 2010 03:05:22 +0000

The Federal Copyright Act of 1976 is the federal law that provides authors, artists, creators and programmers with the property rights to exclusive use and control over their creations. Copyright laws affect anyone who writes, draws, programs, films, photographs, composes or otherwise creates literary, musical, dramatic, artistic or creative works in a tangible medium of expression. In addition, copyright laws also affect those who like to imitate, steal or otherwise misappropriate creative works that are not their own. There are severe civil and criminal penalties for infringing a copyright. With the ubiquitous use of the internet, and blogs in particular, almost everyone is affected by copyright laws.

Fair Use

Material that is protected by a copyright may still be used under the Fair Use exception to the copyright rights. In order to promote the free flow of information authors are able to copy material from protected works for specific purposes. A few of these purposes are education, news, research and criticism. It is always a good idea to check with a qualified copyright lawyer before attempting make use of copyright protected material.

Public Domain

Materials that are not protected by copyright fall within the realm of Public Domain. Anything published before 1923 is in the public domain. You may use this material for your own purposes without legal consequence. However, you should be aware that some material in the public domain may have been altered in a creative way thereby creating a new copyright which cannot be infringed. Again it is always wise to check with a qualified copyright attorney if you have any questions.

Copyright, Copyright Where For Art Thou Copyright?

admin — Thu, 22 Apr 2010 02:38:17 +0000

The legal definition of copyright is a right of control over the use of an original work of authorship. A copyright secures to its owner the property rights of the work. These property rights include the right to reproduce, display, distribute, perform, and/or adapt the work.