Copyright Handbook, The by Stephen Fishman;

Author:Stephen Fishman; [Fishman, J.D., Stephen]
Language: eng
Format: epub
ISBN: 9781413327847
Publisher: Nolo
Published: 2020-02-15T00:00:00+00:00

Initial Ownership of Electronic Rights

Electronic rights are no different from any other copyright rights. They are initially owned by a work’s author.

Self-employed individuals who create written works alone or with others (the type of people we normally think of as authors) will initially own the electronic and all other copyright rights in their works. (See Chapter 6, “Initial Copyright Ownership.”)

The electronic copyright in works made for hire will be initially owned by the employer or hiring party the moment the work is created. The employer or hiring party is the author for copyright purposes, not the person who actually created the work. This includes:

• works created by employees within the scope of their employment, and

• specially commissioned works created by independent contractors under written work-made-for-hire agreements. (See Chapter 6, “Initial Copyright Ownership.”)

Because the employer or hiring party using a work-made-for-hire agreement automatically owns all electronic and other copyright rights the moment a work is created, there is no need for them to obtain any additional transfer of rights from the actual creators after the work is completed.

An increasing number of magazines, newspapers, and journals are now using work-made-for-hire agreements with freelance writers in order to obtain all the rights in the work, including electronic rights.

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