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Exceptions to Copyright Ownership Lawyers
Is the Creator of a Work Always the Copyright Owner?
The traditional rule is that the creator of a work owns the copyright of that work as soon as the work is put into a tangible medium of expression. But, there are exceptions to this rule:
Employees
If an employee creates a work in the course of his employment, the employer owns that copyright.
Made for Hire
If an independent contractor signs a written agreement that says the work he creates is made for hire, then the person or organization who ordered the work owns the copyright, so long as the work is:
- part of a larger literary work, such as an article in a newspaper;
- part of an audiovisual work, such as a motion picture;
- a translation;
- a supplementary work, such as an appendix or introduction;
- a compilation;
- an instructional text;
- a test or answer materials for a test; or
- an atlas.
Sale
If the creator of the work sells the entire copyright to another, then the person or organization who purchased it owns the copyright.
Do I Need a Lawyer to Resolve My Copyright Ownership Problem?
If you are unsure as to your status as a copyright holder, an experienced copyright lawyer can help you determine whether you or someone else owns the copyright in question. A copyright attorney can also represent you in court if a dispute arises.
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