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UNHI Creative Works Symposium Session: Deconstructing a Cpyright License
The UNH Creative Works Symposium discusses essential aspects of copyright, including registration, protection scopes, and licensing clauses. It emphasizes the balance between copyright rights and fair use, along with practical considerations for licensing agreements. The document clarifies the need for seeking legal advice, highlighting that it is for informational purposes and does not establish an attorney-client relationship.
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UNHI Creative Works Symposium Session: Deconstructing a Cpyright License
- 1. UNH Creative WorksSymposium April 29, 2015 Kimberly A.W. Peaslee, Ph.D. Intellectual Property Attorney Upton & Hatfield, LLP Timothy E. Benoit-Ledoux Licensing Manager, UNHInnovation
- 2. Copyright ◦ CopyrightBasics Standard Clauses Pro-Licensor clauses Pro-Licensee clauses Wrap Up
- 4. Federal Registrationv. Common Law rights Enhanced damages for prompt registration Protects only original and creative expression, not the underlying content Must be “fixed” Bundle of rights ◦ copy, distribute, perform, display, creation of derivative works Term (e.g. life + 70 years for individual)
- 5. Where? ◦ Libraryof Congress – Copyright Office – www.copyright.gov ◦ No State copyrights When? ◦ pre or post “publication” can determine the scope of protection What? ◦ Most can be submitted electronically, but some must be sent in as hard copies or in duplicate How much? ◦ Electronic submissions $35-85 in fees per item
- 6. Multifactor balancingtest: ◦ Fair Use defense to infringement is available for criticism, comment, news reporting, teaching, scholarship and research, etc. ◦ First Amendment balancing Courts must consider, at least: ◦ Purpose and character of the use ◦ Nature of the work ◦ Amount and substantiality ◦ Effect of the use ◦ Anything else?
- 8. License Grant Representations/Warrantees Delivery Royalties/Payments Termination/Remedies General Provisions (Choice of Law, Integration, etc.)
- 9. Who ◦ Isit assignable? What ◦ Type of work (text, visual, music, etc.) ◦ Copy, distribute, publicly display, publicly perform, create derivative works Where/What languages? How long ◦ Months, years, … Field of Use ◦ For print media, e-books, online, for a particular project, etc.
- 10. Who? What? Where/What languages?
- 11.
- 12. Ownership ◦ Authority Original Work Work is not in public domain Indemnification ◦ If work infringes others’ rights No conflicting licenses
- 14. Quality Timing Provisions if not in proper form or by a certain time ◦ Who can make necessary changes? ◦ Who bears the cost? Clearance of copyright within work Editor's revisions?
- 15. Quality &Timing
- 16. Provisions ifnot in proper form or by a certain time
- 17. Clearance ofcopyright within work
- 18.
- 19. When dothey start? ◦ Is there an advance? ◦ What if the publisher never publishes? How long do the payments last? How are they calculated? ◦ Are certain copies not counted? How many? ◦ Are costs deducted? Access to records
- 20. When dothey start? ◦ Is there an advance? ◦ What if the publisher never publishes?
- 21. How longdo the payments last? How are they calculated?
- 22. How arethey calculated?
- 23. Access torecords
- 24. For Breach(for cause) ◦ Non-delivery ◦ Non-publication With notice ◦ Either party? At date certain? Does it renew?
- 25. For Breach(for cause) ◦ Non-delivery ◦ Non-publication
- 26. With notice/Atdate certain?
- 27. For Breach ◦Non-delivery ◦ Non-publication With notice ◦ Either party? At date certain?
- 28. Choice ofLaw Integration/Severability Notice Modification Dispute Resolution Insurance Others…
- 29. Choice ofLaw Integration/Severability
- 30.
- 31. Modification DisputeResolution Insurance Others…
- 33. Record copyright Retain right to: create derivative works, approve modifications, etc. Set time for performance by publisher Include e-books in copy count Direct enforcement efforts? Limit giveaways? Shorter Term with benchmarks
- 34. Change ofControl provisions? No commitment for future works
- 36. Right tocreate derivative works No set date for performance Unlimited giveaways Carve out for e-books Approval of changes at Licensor’s expense No liquidated damages (no enhanced fee if they go outside scope of license)
- 38. Please feel freeto contact me with any questions. Kimberly A. W. Peaslee, Ph.D. kpeaslee@uptonhatfield.com (603) 224-7791 This presentation is for informational purposes only and does not in any way establish an attorney-client relationship between you and any attorney involved in preparing and/or making this presentation. Nothing contained in this presentation constitutes legal advice. Please consult a licensed attorney for specific legal advice relating to any or all of the subjects discussed herein. All of the information contained herein is subject to change at any time. Upton & Hatfield, LLP shall not be held liable for any losses or damages arising from the use of any information contained in this presentation.