Basic information about copyrights
In the United States, the general rule is that the term of a copyright is the life of the author plus 70 years. This rule is subject to some important exceptions, though: Work made for hire The copyright in a work made for hire lasts for 95 years after the date of first publication or […]
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The five exclusive rights of copyright ownership are: Reproduction: the right to make a copy of the work Distribution: the right to sell, rent, lease, lend or give copies of the work to the public Public Performance: the right to perform the work publicly, such as a concert, play, broadcast, livestream, etc. Public Display: the
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Employees usually own the copyrights in works they create on their own time, using their own resources, outside the scope of their employment duties. If the work is created during business hours, using company resources, or relates directly to the employee’s job, however, it may be considered a “work made for hire.” The employer owns
Do employees own the copyrights in the works they create on their own time? Read More »
In addition to the requirement of a signed, written agreement expressly calling the arrangement a “work made for hire,” a work created by an independent contractor is not a “work made for hire” unless it is created after it is commissioned (not before), and falls into at least one of the following categories: Translation Contribution
Which categories of specially commissioned works may be works made for hire? Read More »
A work made for hire is a work that is either: (a) Created by an employee within the scope of the employment; or (b) A specially commissioned work that is created by an independent contractor pursuant to a signed, written “work for hire” agreement and that is in one of the categories listed in the
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The author initially owns the copyright in the work. In most cases, the author is the person who actually creates the work. In the case of a work made for hire, however, the employer or person who specially commissions the creation of the work is deemed the author.
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Yes. Two or more people can own a copyright in a work. If they each contribute creative content to what is intended to be a unitary whole, then they are each co-owners of the copyright in the entire work. On the other hand, if a person creates a work without the intention of making it
Can there be joint owners or co-owners of a copyright? Read More »
Yes. A compilation may contain multiple copyrighted word within it. Moreover, what appears to be one work may actually comprise multiple works. A copyright in an audiovisual work, for example, may exist for the productions and performances in it. A copyright in the screenplay may also exist. If the screenplay is an adaptation of a
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Yes. By definition, nobody owns a copyright in works that are in the public domain. Therefore, creating a derivative work that is based on a work that is in the public domain does not infringe anyone’s copyright. The copyright in the derivative work extends only to the newly created elements, however. The original elements of
Can copyright be claimed in a derivative work that is based on a public domain work? Read More »
Yes, copyright may be claimed in new works of authorship that are created for the derivative work, but only if it is an authorized derivative work. The owner of the copyright in an original work has the exclusive right to make derivative works based on it. A person who makes an unauthorized derivative work in
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