Copyrightability – Ownership

blog.richmond.edu

Copyrightability – Ownership

Copyrightability Ownership

§ 201(a) Initial Ownership.—

Copyright in a work protected under this

title vests initially in the author or authors

of the work. The authors of a joint work

are co-owners of copyright in the work.


Copyrightability Ownership

§ 201(b) Works Made for Hire.— In the

case of a work made for hire, the

employer or other person for whom the

work was prepared is considered the

author for purposes of this title, and,

unless the parties have expressly agreed

otherwise in a written instrument signed

by them, owns all of the rights comprised

in the copyright.


Copyrightability Ownership

§ 101 A “work made for hire” is—

(1) a work prepared by an employee

within the scope of his or her

employment; or

(2) a work specially ordered or

commissioned for [9 categories] . . . if

the parties expressly agree in written

instrument signed by them . . . .


Copyrightability Ownership

• CCNV v. Reid


§ 202

Copyrightability Transfer

Transfer of

ownership of any material object, including the

copy or phonorecord in which the work is first

fixed, does not of itself convey any rights in the

copyrighted work embodied in the object; nor, in

the absence of an agreement, does transfer of

ownership of a copyright or of any exclusive rights

under a copyright convey property rights in any

material object.


Copyrightability Transfer

§ 204 (a) A transfer of copyright

ownership, other than by operation of law, is

not valid unless an instrument of

conveyance, or a note or memorandum of

the transfer, is

conveyed or such

owner’s duly authorized agent.


Copyrightability Ownership

• CCNV v. Reid

• Which category?

• Category 1 two questions

• Was Reid an employee of

CCNV?

• Court looks to common law

agency definition (p. 493)

• Was it within scope of his

employment?


Copyrightability Ownership

• Prob. 4-17

(p. 496-97)

Ownership

• Derivative

Work


Copyrightability Ownership

§ 201(a) Initial Ownership.— Copyright in a

work protected under this title vests initially in

the author or authors of the work. The authors

of a joint work are co-owners of copyright in

the work.

§ 101 -- A “joint work” is a work prepared by

two or more authors with the intention that their

contributions be merged into inseparable or

interdependent parts of a unitary whole.


Copyrightability Ownership

• Aalmuhammed v. Lee


Copyrightability Ownership

• Aalmuhammed v. Lee

• Did Aalmuhammed make a

copyrightable contribution?

• Is this a work for hire?

• Is he a joint author?

• Intent

• Exercising control

• Objective evidence

• Audience appeal

• What about in CCNV?


Copyrightability Ownership

• Hypos

• Commission family painting

• Hire family photographer

• Hire web developer to design

website for business

• Purchase painting for office

• What concerns in ownership law

addressing?


©

Copyrightability Duration

Pre-1978 Works

Renewal

Registration

27

28

Public

Domain

original

renewal term

28

failure

to renew

47

1976 Act

(19 years)

1998 Sonny

Bono Act

(20 years)

0 28 56 75 95

67


Copyrightability Ownership

Corporation

as Author

Individual as

Author

Copyright Term Extension Act Adds 20 years

Post-1977 Works

First Publication + 95 years

Creation + 120 years

Life of the Author + 70 years

Whichever

expires first

More magazines by this user
Similar magazines