The creator of a copyrighted work does not always own the copyright. In some cases other persons or entities own the copyright. There are also rules governing copyright ownership when two or more people create the work. Finally, copyright owners can assign rights to the copyright to others, particularly for the purpose of marketing the protected work. When Someone Other than the Creator Owns the Copyright There are several exceptions to the general rule that the creator of a work owns the copyright to the work. Work for Employer: If an employee creates a work in the course of his or her employment, the employer owns the copyright. Work "Made for Hire": If an independent contractor creates a work which qualifies as a work "made for hire," then the hiring person or firm owns the copyright if the work is one of the following: part of a larger literary work, such as an article in a magazine or a poem or story in an anthology, part of a motion picture or other audiovisual work, such as a screenplay a translation, a supplementary work such as an afterword, an introduction, chart, editorial note, bibliography, appendix, or index, a compilation, an instructional text, a test, or answer material for a test, or an atlas. When two or more authors prepare a work with the intent to combine their contributions into inseparable or interdependent parts, the work is considered joint work and the authors are considered joint copyright owners. The most common example of a joint work is when a book or article has two or more authors. The U.S. Copyright Office considers joint copyright owners to have an equal right to register and enforce the copyright. Unless the joint owners make a written agreement to the contrary, each copyright owner has the right to commercially exploit the copyright, provided that the other copyright owners get an equal share of the proceeds. Rights Belonging to the Copyright Owner The Copyright Act of 1976 grants a number of exclusive rights to copyright owners, including the: reproduction right -- the right to make copies of a protected work distribution right -- the right to sell or otherwise distribute copies to the public right to create adaptations -- the right to prepare new works based on the protected work (called derivative works), and performance and display rights -- the rights to perform a protected work (such as a stageplay) or to display a work in public. This bundle of rights allows a copyright owner to be flexible when deciding how to realize commercial gain from the underlying work; the owner may sell or license any of the rights. Transfer of Copyright Owner's Rights When a copyright owner wishes to commercially exploit the work covered by the copyright, the owner typically transfers one or more of these rights to the person or entity who will be responsible for getting the work to market, such as a book or software publisher. Ways Copyright Ownership Can Be Transferred Assignment or license. An assignment is a transfer of ownership interest in the copyright; a license is a grant of only some of the rights comprising copyright. Mortgage or security. A copyright can be mortgaged or used as security for an obligation. Transfer upon death. If an owner of copyright dies with a valid will, the copyright will be transferred to a designated beneficiary. If an owner of copyright dies without a will, transfer of ownership will occur according to the rules of intestate succession. Involuntary transfer. Under certain circumstances (for example, bankruptcy, mortgage foreclosure, divorce), a court can order the transfer of copyright.
A copyright assignment is the transfer of copyright ownership rights from one party to another. This transfer is not valid unless it is in writing and signed by the owner or its authorized agent. If you want to transfer a right on a non-exclusive basis, a written agreement is usually not required. Note that in copyright law, an exclusive license essentially works as a transfer.
A typical software license agreement is a copyright license agreement. The owner of the copyright in the software wishes to grant the end-user the right to utilize the software in a restricted manner. In return, the end-user may agree to limit its use of the software in a variety of ways and to pay a license fee payment to the copyright owner. Implied Licenses. An implied. Although a copyright owner is free to transfer her copyright rights as she sees fit.
OWNERSHIP AND ASSIGNMENT OF COPYRIGHT INTRODUCTION Copyright protection is given for a work having originality ie it should be from the author and must have min.
Copyright Ownership and Transfer. 201. Ownership of copyright; 202. Ownership of copyright as distinct from ownership of material object; 203. Termination of transfers and licenses granted by the author; 204. Execution of transfers of copyright ownership;. — Any transfer of copyright ownership or other document pertaining to a copyright may be recorded in the Copyright Office if the document filed for recordation bears the actual signature of the person who executed it.
The creator of a copyrighted work does not always own the copyright. In some cases other persons or entities own the copyright. There are also rules governing copyright ownership when two or more people create the work.