Ownership of Copyright

When copyrights are established, the rights are owned exclusively by the creator of the protected work, unless the work is a work-for-hire. Thus, when a photographer captures an image, all copyright rights associated with the photograph are owned exclusively by the photographer. Initially, the photographer is the only person who has the right to make copies of the image, to sell or otherwise distribute the image, and to create works based on the image, including modified versions of the photograph or drawings based on it. The photographer is then free to retain or transfer those rights as he or she chooses.

Rights Bestowed by a Copyright

The owner of copyright on a work has a variety of exclusive rights. The key copyright rights are the rights to:

• duplicate (reproduce or copy) the work

• distribute the work and copies of the work

• display or publicly perform the work

• create other works based on the copyrighted work (create “derivative works”)

See segmentation of copyright section.

Works for Hire

Copyright protection extends to works that are commissioned by businesses and other organizations. These are generally described as “works-for-hire” where the creator was paid by an organization to create the work for the organization, including works created in the normal course of employment. Works-for-hire can also be established by non-employees when there is a valid written contract and the creator has been compensated for the work.

Transfer of Copyright Ownership

The owner of copyright rights can transfer some or all these rights to other parties. When the owner transfers the rights to another party, through sale or gift, that transfer is characterized as an “assignment.” When the copyright owner grants another party limited rights to exercise all or some of the copyright rights associated with the work, that authorization is commonly identified as a “license.” Both assignments and licenses are established and enforced through contracts between the copyright owner and the other party (the “assignee” or “licensee”).

Duration of Copyright

Copyright protection lasts for the lifetime of the creator of the work plus seventy years. After the creator’s death, the copyright is held and can be enforced by the creator’s estate or heirs. Works-for-hire are subject to a copyright term which is the shorter of 95 years from the date of first publication of the work or 120 years from the date of its creation. When the copyright term expires, the work becomes part of the public domain. All works in the public domain can be used by anyone for any purpose without violating the proprietary rights of any party.

Infringement

A party who uses copyrighted material without the permission of the copyright owner has engaged in “infringement.” Unless that use qualifies as fair use, the copyright owner can compel the infringing party to stop using the material and to provide reasonable compensation for the use of the material. Copyright infringers are sometimes described as copyright pirates. Remedies for copyright infringement may include compulsion to pay damages, to enter into copyright licensing agreements and to cease use of the material. In some instances, criminal sanctions including fines and prison terms can be assessed against the infringer.