Who Can Claim Copyright?

There are several general principles that determine who can claim copyright:

1. The author who created the work of authorship immediately becomes the owner of the copyright of the work. Only the author, or those who derive their rights from the author, can rightfully claim copyright of the work of authorship.

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

3. Copyright ofeach separate contribution to a periodical or other collective work is distinct from copyright ofthe collective work as a whole and restsinitially with the author of the contribution.

4. In the case of works made for hire, the employer, and not the employee, is considered to be the author. "Work made for hire" is defined by the Copyright Act as a work prepared by an employee within the scope of his or her employment or 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, or an atlas.Both parties must expressly agree in a written agreementsigned by both partiesthat the work shall be considered a work made for hire.

(Updated 10/4/2012 by AG)

For detailed information on copyright, please click the following links:

• Copyright in General
• What Works Are Protected?
• Who Can Claim Copyright?
• Requirements for Receiving Copyright Protection
• The Exclusive Rights
• Duration of the Rights
• Copyright Notice
• Copyright Registration
• Frequently Asked Questions about Copyright