What you actually own.
WHAT COPYRIGHT PROTECTS
Original works: music, writing, film, photographs, artwork, recordings.
WHEN IT ARISES
On creation, in most systems, without registration.
WHY REGISTRATION STILL MATTERS
It provides evidence of ownership and date, which is what disputes turn on.
WHAT TO ESTABLISH
Whether registration is available and worthwhile where you are.
WHAT SEPARATE RIGHTS FREQUENTLY EXIST IN ONE WORK
- In music: the composition, and the recording of it
- In film: the underlying script, the film itself, and the music within it
- In photography: the image, and the rights of people depicted
WHY THAT MATTERS
They can be owned by different parties, and each must be cleared.
WHAT OWNERSHIP DETERMINES
Who may use the work Who may license it Who receives the revenue
WHAT TRANSFERS OWNERSHIP
Assignment, in writing.
WHAT DOES NOT
Licensing, which permits use while ownership remains with you.
WHY THE DISTINCTION IS THE MOST IMPORTANT IN THIS CATEGORY
Assignment is permanent; licensing is not.
WHAT TO PREFER
Licensing, with defined scope.
WHAT TO DEFINE IN ANY LICENCE
What use is permitted Where For how long Whether it is exclusive What is paid
WHAT TO BE CAUTIOUS OF
Contracts assigning all rights in all media in perpetuity.
WHY
They are common, and they end your interest in the work entirely.
WHAT TO ESTABLISH ABOUT COMMISSIONED WORK
Who owns the result.
WHY
Assumptions differ, and the default may not be what either party expects.
WHAT TO KEEP
Records of creation: dates, drafts and files.
