(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.
There are some settings in which this fundamental belief is not always a given. This blog describes two common settings; where an employee creates a work and where a work is revised.
In many employment situations, an employee who creates a work while on the job, or while acting in the scope of the employee’s duties, does not have ownership rights to the work that was created. The works created by the employee normally belong to the employer unless stated otherwise by some written agreement. Usually, a written employee agreement or employment manual will stipulate which acts are under the scope of the employer.
However, there are exceptions to this general rule, which include employment as an educator or website developer. Educators who create things as a part of the daily teaching process are generally entitled to those works. Likewise, most website developers own the copyrights to the designs that they create when under the employ of a third party. These exceptions are also subject to other agreements, and may be contracted away.
The question of ownership becomes cloudier when it comes to written works that have been revised. For instance, if a person writes a novel and asks someone to read it and make revisions, who owns the writing after the revision has been made? Did the original author intend to add the person doing the revising as a co-author, or did they merely want editing suggestions? Both people could be considered authors to the writing, and without a prior written agreement, both could claim to be the owner of the work. To prevent such confusion, it is best to have a written agreement before any revisions or suggestions are made to the original author’s work, which will later prevent the intent of the parties being brought into question.
-by Dorian V. George, Legal Assistant
The Dandridge Firm can prepare and file your US Copyright registration and assist with contracts that include copyright components. Should you want to learn more about this post or our services, please visit www.DandridgeLaw.com or email ContactUs@DandridgeLaw.com for a FREE Legal Evaluation.
Labels: copyright, copyright application, employee copyright ownership, employer copyright ownership, intellectual property
