Who can Claim Copyright

Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.

In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a "work for hire" as:

    1. a work prepared by an employee within the scope of his or her employment; or
    2. a work specially ordered or commissioned for use as a contribution to a collective work, a part of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation, an instructional text, a test, an answer material for a test, a sound recording, an atlas, digital transmission.

If the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.

The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement the

contrary.

Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.

Two general principals apply. Mere ownership of a book, manuscript, painting or any other copy or works does not give the possessor the copyright. The law provides that transfer of ownership of any material object that embodies a protected work does not of itself convey any right in the copyright.

Minors may claim copyright, but state laws may regulate the business dealings involving copyrights owned by minors. For information on relevant state laws, consult an attorney.

In addition, certain authors of works of visual art have the right of attribution and integrity as described in section 106A of the 1976 Copyright Act.

It is illegal for anyone to violate any of the rights provided by the copyright law to owner of copyright. These rights, however, are not unlimited in scope. Section 107 through 121 of the 1976 Copyright Act establishes limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability.

One major limitation on these rights is the doctrine of "fair use," which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a "compulsory license" under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright laws.