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 made 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
answer material for a test
an atlas
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 to 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 Principles
Mere ownership of a book, manuscript, painting, or any other copy or phonorecord
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 rights 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.
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