First, let's address some vocabulary. As you probably noticed on the previous page, when learning about copyright, you'll often encounter references to "the author" and "the owner" or "the holder." The "author" of a work is usually the "owner" of the copyright. While "author" is the most commonly used term in discussions of copyright, the term that more accurately reflects the modern application of copyright law is "creator." Since all material formats are protected by copyright law, not just written works, it follows that the creators of said works - authors, lyricists, artists, architects, bloggers, film makers... - own the copyright of their work. The terms copyright "owners" and "holders" are used interchangeably.
Complete details about copyright ownership are provided in Chapter 2 of Title 17 but the U.S. Copyright Office simplifies it this way - "Everyone is a copyright owner. Once you create an original work and fix it, like taking a photograph, writing a poem or blog, or recording a new song, you are the author and the owner.
Companies, organizations, and other people besides the work’s creator can also be copyright owners. Copyright law allows ownership through “works made for hire,” which establishes that works created by an employee within the scope of employment are owned by the employer. The work made for hire doctrine also applies to certain independent contractor relationships, for certain types of commissioned works."
Regarding works made for hire, "the author's employer owns work(s) if:
An author-owner is free to assign copyright to anyone, so a written contract can change these basic rules. As an example, many publishers require assignment of copyright as a condition of publication." (Harper)
The rights and responsibilities of SJR State Faculty regarding faculty's "development of scholarly and creative works, educational materials, and other intellectual property" (p. 79) are detailed in the Collective Bargaining Agreement, ARTICLE 22 - INTELLECTUAL PROPERTY.
Authors do not have to register for copyright protection - work is copyright protected upon creation of that work. However, registering a work as your copyrighted material a good idea if you think you, as the owner, may need to pursue litigation some day. As the U.S. Copyright Office explains, "Registering a work is not mandatory, but for U.S. works, registration (or refusal) is necessary to enforce the exclusive rights of copyright through litigation. Timely registration also allows copyright owners to seek certain types of monetary damages and attorney fees if there is a lawsuit, and also provide a presumption that information on the registration certificate is correct. Copyright registration also provides value to the public overall. It facilitates the licensing marketplace by allowing people to find copyright ownership information, and it provides the public with notice that someone is claiming copyright protection. It also provides a record of this nation’s creativity."
For complete details about registering a copyright, refer to the Office's Copyright Registration Circular.
Next: Copyright Compliance
Harper, Georgia. (29 August 2023). Copyright Crash Course. http://doi.org/10.15781/T24J09X6J
U.S. Copyright Office. (n.d.) What is copyright? https://www.copyright.gov/what-is-copyright/
