This document summarizes key aspects of copyright law discussed in a presentation. It outlines that a copyright provides exclusivity rights granted by the government for original works as outlined in the Constitution and U.S. Code. It describes the privileges of copyright holders as controlling reproduction, performance, derivatives, and distribution of copies. It also explains that works are protected upon creation but registration is needed to enforce rights and seek damages, and that works made for hire transfer ownership to employers or those who directly commission special works.

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.
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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?
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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.
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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.
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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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