Copyright

In: Film and Music

Submitted By bijaygrg
Words 2102
Pages 9
Who owns what?
Basics | Sorting through ownership | Getting permission | Protecting your work
People typically need to know who owns what for two reasons:

They are creating a work, either alone or in collaboration with others, and want to know who will own what or who will have what rights in the finished work.

They want to use another's work beyond the bounds of fair use and need to know whom to ask for permission.
The basics of who owns what are the same regardless of which concern one has, so we will cover the basics first, then show how those rules apply in the two situations above, and finally address how to protect your work.

The basics

The author is usually the owner.

Except when the work-for-hire rules apply: The author's employer owns work(s)

created by an employee within the scope of employment, or that fall within one or more of the nine statutory categories, where an agreement commissioning the work is in writing and signed by the creator or creators before work begins

The nine statutory categories include: contribution to a collective work; part of a movie or other audiovisual work; a translation; a supplementary work; a compilation; an instructional text; a test; answer material for a test; or an atlas.

If a work does not fit within the statutory definition of a work-for-hire, the employer may still own it if the author assigns the copyright to the employer or contractor.

An author-owner is free to assign copyright to anyone, so a written contract can change these basic rules.

Many publishers require assignment of copyright as a condition of publication.

Policies, such as the U.T. System Intellectual Property Policy also change the ownership rules:

They can permit faculty ownership of scholarly, artistic, literary, musical and educational materials within the author's field of expertise.

Ownership…...

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