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!

03.12.2019

How Google can become your worst enemy

When talking about where and how you use a trademark, Google can either be your worst enemy or your best friend. As follows, there are three major ways of using trademarks as far as the Google policy goes: keywords, in an ad copy, or in the display URL. For example, you can use a trademark ( learn more )

20.11.2019

Knowing the value of your brand in 3 easy steps

When talking about a well-known brand, we need to bring into question 3 major aspects: a good branding strategy, customer loyalty and great communication skills. The first one comes with knowing your brand values, rights and obligations and this is where the intellectual property field comes into play. Brand value is an essential tool for ( learn more )

08.11.2019

Intellectual property considerations on street art

When you think about graffiti, or any other form of street art, does it even cross your mind how quickly intellectual property theft can become an issue? And when it comes to graffiti, it doesn’t necessarily need to be a Banksy artwork, an aspect which transforms it immediately into something valuable. Even if it is ( learn more )