contracts & copyright: issues for authors, writers & creative professionals

Contracts & Copyright

Issues for Authors, Writers

& Creative Professionals

What Is Copyright?Protects Creative expression

• But NOT IDEAS

Fixation requirement• Electronic

Protection attaches Immediately• NO “Poor Man’s Copyright”

Most items on Internet are protected/protectable.

Best Practices• “Use” w/Attribution (but not

permission?)• Hyperlink?

Copyright BasicsCopyright Notice?

What is NOT Protectable?

How long does protection last?

• If published before 1978: author’s life plus 70 years;

• Joint Works: 70 years after last author

• Works made for hire: 95 years from publication or 120 years from creation, whichever is shorter.

• Works created but not published (or registered) before January 1, 1978

Registration?

Enforcement?

• DMCA?

Copyright Basics Pt. 2What is Fair Use?

• A DEFENSE to Copyright infringement

• Statutory Exceptions:• criticism• comment • news reporting• teaching • scholarship or research

• Courts Examine 4 Factors: 1. Purpose and character (commercial)2. Nature of the work3. Amount and substantiality4. Effect on the Market

• Written?• Oral?• Email?• Letter of Intent?• Signature?

Work For Hire

Law