How to Evaluate Copyright Laws

This symbol is usually used to indicate ownership of copyright.

In order to understand copyright law in the United States, you must be familiar with the Copyright Act of 1976. This act illustrates how copyright ownership is determined and also sets rules for transferring copyright. It also clarifies how to interpret copyright of works created by more than one person. The act also sets the rules for terminating a copyright transfer. It may also be necessary to consult case law in order to determine copyright in certain instances.

Instructions

1. Determine if there is more than one author. If two or more people create a work, it may be considered a joint work, according to section 101 of Title 17, also known as the Copyright Act. Intent is important when determining whether a creation is a joint work. Both parties must have intended the work to be a joint creation. A mere suggestion does not provide intent for joint ownership. The author owns derivative rights to create a work based upon the original work. If there is more than one author, he or she must share any profits or proceeds from derivative works with the other authors. Exclusive licensing requires the consent of all the owners of a work.

2. Determine if there has been a transfer of copyright, in which the copyright has been transferred from its original owner to another party. A transfer of copyright must be in writing, according to section 204(a) of the Copyright Act. The law can also force a transfer in certain instances, such as in the case of a bankruptcy. Copyright transfers may also be terminated pursuant to section 203 of the Copyright Act. Any transfers after January 1, 1978 are subject to termination. Section 203 allows an author to terminate a copyright transfer 35 years after the transfer.

3. Determine termination rights of transfers. The copyright of a deceased author may be terminated in a variety of ways pursuant to section 203(a)(2) of the Copyright Act. If a spouse survives the author's death and there are no children, then the spouse owns all termination rights. If the deceased author leaves a spouse and surviving children, then the spouse owns one-half of the termination rights, while the surviving children share the remaining half. If the author leaves surviving grandchildren of a deceased child, then the grandchildren and living children of the author share termination rights. A majority vote controls actions regarding copyright termination. If there are no surviving spouse, children or grandchildren, then the author's executor controls termination rights.

4. Seek professional advice. Knowing the basics of copyright law is essential for those wishing to capitalize on creative endeavors. However, some issues in copyright law may be more complicated. The answer may not be straightforward and could require researching case law. It is always wise, when possible, to consult the advice of an attorney specializing in copyright law.

References

• "Intellectual Property The Law of Trademarks, Copyrights, Patents, and Trade Secrets"; Deborah E. Bouchox; 2005

Resources

• FindLaw: US Code Title 17