What is real
is not external form.



CONSTANTIN BRANCUSI

How do you establish the initial owner of a work?

27.09.2018


It should seem normal to presume that the author of a work is the person that wrote the respective work. Isn’t so? Not so fast. There are situations when particular standards are needed to determine how the ownership applies.

Copyright law

When a person writes a work, the content is protected by the copyright law. This is a form of law that protects intellectual property and gives full rights to the creator of a work on it.

But what happens if a work has two or more authors? Who owns the respective work? Or when the creator of the work is someone’s employee and his work was designed strictly for professional purposes?

 

Two or more authors

When a work has two or more authors who intend to combine their contribution into inseparable parts and fully intended to be co-authors, the respective work is considered to be a joint work and the authors share the statue of joint copyright owners. This provides them an equal right to register and enforce the copyright. Also gives them the right to commercially exploit the copyright with the condition that all of them get an equal share of the proceedings, if no written agreement that stipulates the contrary exists.

Employee’s work

If the author of a work is an employee and creates his work while being employed and for professional purposes, than the employer will own the copyright. That is not the case for freelancers who offer their creative services to specific businesses. They will own the copyright of the work as the initial author of it.

So, know your expectations when you start writing!

21.02.2019

China strengthens its IP field by reaching new records

Statistics show that the year 2017 saw a record global growth in demand for services in the field of intellectual property. This growth is strongly supported by the Chinese market, which recorded the largest increases in patent, trademark, industrial design and other intellectual property rights underlying the global economy. China’s status, as one of the ( learn more )

21.01.2019

China express concerns over the USA approach in the IP field

These days, the war between the great powers does not go to the battlefield anymore, but is rather taken through the mask of diplomacy. Hidden behind the words, countries found at the helm of the world are using less and less subtle means to attack each other, making use of unexploited areas until recently.   ( learn more )

04.12.2018

How the Brexit vote impacted the UKIPO AND EUIPO

Shortly after the Brexit vote, its effects on the UKIPO (UK Intellectual Property Office) and EUIPO (European Union Intellectual Property Office) started to be noticed. The impact is going to be even bigger on some EU IP rights once the Brexit will actually be enforced, only if by that time no other arrangements will be ( learn more )