Laws of Copyright
Exclusive rights to:
- reproduce artwork
- create derivative works
- distribute copies
- perform work publicly
- showcase work publicly
- perform work publicly by digital audio (sound only)
Creation Copyright
- Original work (modicum of creativity)
- Tangible medium
Can't Copyright
- Single words
- Short phrases
- names
- list ingredients
- list of names
- band names
- but you can Trademark
Joint Works
- % share of work
- no agreement to contrary, partner can grant non-exclusive licenses in copyright to third parties without other partner's permission
Work for Hire
- Person who hires owns copyright
- Artist doesn't own copyright
- employee
- contractor
Not for hire? Can sell intellectual property!
- transfer ownership as a gift, a sale, or succession
- in signed writing
License
- Permission to use work
- Express v implied
- Exclusive (signed writing) v Non-exclusive
Copyright stays as long as the author is alive +70 years
Don't need to register for copyrights... rights.
- bUT registration = benefit
- register before infringement
- attornery's fees and statutory damages covered
Trademark / Service Marks
- Mark that identifies your business as source of service or good
- Prevention from market place
Common Law Trademark - start using mark in commerce trademark
Lanham Act Trademark - register US patent and Trademark office
Strength of Trademark
- Generic (no.)
- Descriptive
- Suggestive
- Arbitrary and Fanciful (strongest)
Trademark
- Domestic protection
- registered = valid
- owner listed = true owner
- not abandoned
Collaboration Agreements
- Contract in writing
- emails are okay, but must express content to terms
- Author's responsibilities
- specific role
- timeline of roles
- obligated to find buyers/licenses
- responsible for distributions and acceptance
- active sentences, not passive
- Rights of each author
- grant non-exclusive licenses?
- credit given how?
- % revenue received?
- Dishonors contract, what now?
- Terminate contract, what are the resulting rights/liabilities?
No comments:
Post a Comment