A copyright guide for writers, artists, and non-IP attorneys.

1. Copyright in the Arts
MCLE by the San
Diego Law Library
Friday, December 2, 2011
Robert P. Cogan
Continuum Law
San Diego, CA

2. Objectives in Understanding
Copyright Issues
 Reap the benefits of your labor and
creativity.
 Identify the “pressure points” that
affect your business.
 Understand where significant issues
can arise.
Continuum Law info@continuumlaw.com (858) 831-9000
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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?
Continuum Law info@continuumlaw.com (858) 831-9000
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4. Copyright Protection
 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.
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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.
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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.
Continuum Law info@continuumlaw.com (858) 831-9000
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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.
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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.
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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.
Continuum Law info@continuumlaw.com (858) 831-9000
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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.
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11. Thank you!
Robert Cogan
Continuum Law
10085 Carroll Canyon Road
San Diego CA 92131
(858) 831-9000
info@continuumlaw.com
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