Who Can Claim a Copyright?

Copyright protection exists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.

In the case of works made for hire, the employer and not the employee is considered to be the author. "Work for hire" is defined as

1. a work prepared by an employee within the scope of his or her employment; or
2. a work created under contract where the parties expressly agree that the work shall be considered a work made for hire; or
3. a work specially ordered or commissioned for use in any of the following:
   1. a contribution to a collective work,
   2. a part of a motion picture or other audiovisual work,
   3. a translation,
   4. a supplementary work,
   5. a compilation,
   6. an instructional text,
   7. a test,
   8. answer material for a test
   9. an atlas.

The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary. Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.

Two General Copyright Principles

1. Mere ownership of a book, manuscript, painting, or any other copy or phonorecord does not give the possessor the copyright. The law provides that transfer of ownership of any material object that embodies a protected work does not of itself convey any rights in the copyright.
2. Minors may claim copyright, but state laws may regulate the business dealings involving copyrights owned by minors. For information on relevant state laws, consult an attorney.