Who Can Register

Generally, only the author of an original work or someone who has obtained rights through the author can rightfully claim copyright. If created during the scope of employment, the work is then considered a "work made for hire" and the employer - not the employee is considered the author.

The creators of joint works are equal co-owners of the copyright unless they have agreed to the contrary. Minors can file a copyright application; however state laws would regulate their business dealings.

Work Made for Hire

Generally, the author of a work is its creator. However, the Copyright Act makes an exception for what are called "works made for hire." In this situation, the employer or other person for whom the work was prepared is considered the author and owner of the copyright, unless there is a written agreement to the contrary.

Works created by an employee acting within the scope of employment, or those ordered or specially commissioned and fit within the terms of the Act are considered works made for hire.

< Previous Next >