Copyright In The Arts Presentation

Copyright in the Arts

Friday, December 2, 2011

Robert P. Cogan

Continuum Law San Diego, CA

MCLE by the San

Diego Law Library

2 2

Reap the benefits of your labor and

creativity.

Identify the “pressure points” that

affect your business.

Understand where significant issues

can arise.

Objectives in Understanding

Copyright Issues

Continuum Law [email protected] (858) 831-9000

3

Seizing on an Opportunity When a wonderful new work has been

created, what should the initial consultation

cover?

◦ Can I get copyright protection for this work?

◦ What privileges does a copyright give me?

◦ How do I get copyright protection?

◦ How can I use the copyright?

◦ How do I want to exploit the copyright in a way

that is workable and sensible?

3 Continuum Law [email protected] (858) 831-9000

4 4

A copyright is a grant of exclusivity by the Government in rights to original works. ◦ Article 1, Section 8, Clause 8 of the Constitution.

◦ Title 17 of the United States Code.

Original contributions within a larger context are also subject to copyright protection.

International treaties provide copyright protection for US works outside the United States.

Things that are not protected include titles, names, short phrases, and works that have not been fixed in a tangible form of expression.

Copyright Protection


5

Privileges of a Copyright Holder

A copyright owner may control

Reproduction.

Performance.

“Derivative works.”

Selling copies.

Exclusion of infringing works at customs ports.

Translations into other languages or media.

5


6

Getting Copyright Protection Under the law, the copyright exists as soon as

the work is created.

However, more steps should be taken.

A copyright needs to be registered before it can be enforced.

Prompt registration can enable a copyright holder to seek statutory damages.

◦ Otherwise, the copyright holder must prove actual damages.


7

Types of Rights

◦ Entire work.

◦ Categories of use – imagine how many ways a

work can be used. For example,

Authors can convey rights separately for

reproduction in different media.

Rights may be granted for specific territories

◦ Moral rights – the right to control what is

done to the work after sale. The scope in the

United States is narrower than in Europe.


8

Commissioned Works

Examples include: web sites; portraits, computer

programs, and advertisements.

The creator generally owns the copyright.

There must be a specific agreement between

the creator and the buyer to transfer

ownership.

A “Work for Hire” results in copyright

ownership by the employer.


9

Work for hire

A work prepared by an employee within the scope of his or her employment.

A work made my a non-employee who is closely directed.

A work subject to an express agreement that it will be considered a work made for hire.

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, an instructional text, answer material for a test.


10

Filing for Registration

-Many people file their own applications.

Consider using counsel when

◦ Your responses on the application form leave

you unclear as to what is protected.

◦ You are working with others who could claim

an interest in your works.

◦ There may be strategic business and legal

considerations you are not aware of.

◦ You have a large financial or emotional

investment.

Consider cost vs. benefit.

11

Thank you!

11

Robert Cogan

Continuum Law 10085 Carroll Canyon Road

San Diego CA 92131 (858) 831-9000

[email protected]

Copyright In The Arts Presentation

Documents

Transcript of Copyright In The Arts Presentation