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What does copyright mean?

by DrBloggood
18 replies
I'm just putting together the imprint for my e-book (including images), and I'm a little confused as for what it means if I didn't create a work/image, but had all rights transfered to me.

Who holds the copyright then - the artist or me?

And if it's the artist: How is what I have called then in simple legal terms?

Would appreciate any clarification on this! Thanks!
#copyright
  • Profile picture of the author ErinWalsh
    There's many different levels of copyrights. If all the rights are transferred to you, chances are you can claim it as your own. However, you might want to ask the buyer if you're obligated to give that buyer credit. Lawyers can answer these questions better for you.
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    • Profile picture of the author DrBloggood
      Originally Posted by ErinWalsh View Post

      There's many different levels of copyrights. If all the rights are transferred to you, chances are you can claim it as your own. However, you might want to ask the buyer if you're obligated to give that buyer credit. Lawyers can answer these questions better for you.
      I can for sure not claim I painted a picture, just because I own all the rights to it. It would be neither legal nor fair - but what can I claim then?
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      • Profile picture of the author Tsnyder
        Originally Posted by DrBloggood View Post

        I can for sure not claim I painted a picture, just because I own all the rights to it. It would be neither legal nor fair - but what can I claim then?
        There are no intellectual property attorneys on this forum
        that I'm aware of. There are lots of well meaning members
        who will be happy to advise you. Please understand that none
        of them are intellectual property rights experts, either.

        You want to start a real business? Part of starting a real business
        and becoming a real businessperson is seeking competent legal advice
        on matters of this nature.

        Following the advice you receive in this forum could end up costing
        you thousands of dollars.

        Call your attorney.
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        • Profile picture of the author kindsvater
          Originally Posted by Tsnyder View Post

          There are no intellectual property attorneys on this forum
          that I'm aware of.
          I can name four, maybe five licensed attorneys who are forum members that can answer the OP's question in about half a second, and you've been around here even longer than I have.

          If all of the rights have been transferred to X, then X owns all copyrights.

          Example:, Jack draws a picture and is the copyright owner. Jack transfers all of his rights to Jill. Now Jill is the copyright owner. Jack is not.

          Copyright is a property right. It is similar to asking who owns a pencil. A pencil is property which can be sold so that someone new owns it. The primary difference is a pencil is a tangible object and copyright is intangible

          .
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          • Profile picture of the author DrBloggood
            Originally Posted by kindsvater View Post

            I can name four, maybe five licensed attorneys who are forum members that can answer the OP's question in about half a second, and you've been around here even longer than I have.

            If all of the rights have been transferred to X, then X owns all copyrights.

            Example:, Jack draws a picture and is the copyright owner. Jack transfers all of his rights to Jill. Now Jill is the copyright owner. Jack is not.

            Copyright is a property right. It is similar to asking who owns a pencil. A pencil is property which can be sold so that someone new owns it. The primary difference is a pencil is a tangible object and copyright is intangible

            .
            As a follow-up question that is not resolved in the link above: Do you know if I have to give the creator a credit?

            I'm doing this anyway in my book, just curious to know for next time.
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            • Profile picture of the author tomcam
              You do not have to give the creator credit if the creator has assigned all rights to you.
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              • Profile picture of the author DrBloggood
                Originally Posted by tomcam View Post

                You do not have to give the creator credit if the creator has assigned all rights to you.
                Ok, good! Can you name a source for that?
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          • Profile picture of the author koolphoto
            As a photographer and author of an image, I hold and control the copyright.

            I can license the rights to use a photo of mine to someone else, but I still hold the copyright to that photograph.

            Should I wish, I can transfer the copyright to someone else through an agreement in writing. I am able to sell or transfer the copyright of any of my images to someone else. Should I do this then I will lose all ownership of the copyright to that image. But again, this must be spelled out in a written agreement.

            Usually when working for some companies, photographers are sometimes required to work in what is called a 'work made for hire' or a 'work for hire' agreement. Basically this is an agreement that says that I am an employee of the company I am working for and any work I create is owned by my employer. So, I wouldn't be the copyright owner. The employer is deemed the legal author in a 'work for hire' agreement.

            This is actually a good explanation as pertains to photographers:
            http://www.piercelawgroupllp.com/art...otographer.pdf

            As others have stated, you should consult a copyright lawyer to get information.
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            • Profile picture of the author paulgl
              I notice you are in Austria, so US copyright law is a moot point,
              unless someone is an expert on the EU, US copyright law, and
              any agreements or treaties.

              But then, we do not know what country your copyright was gotten in.

              I think too many people assume US law transends borders...it doesn't.

              Just ask the Chinese, Russians, Pakistanis, etc.

              Since all "rights" were transferred to you, the point is also moot.

              Does not matter who holds the copyright. You (should) have full license
              to do whatever you want to with said "copyrighted" material. Or at
              least you claim. Having full rights is not the same as holding the copyright.
              Could be signed over, but does not need to be.

              Paul
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              • Profile picture of the author DrBloggood
                Originally Posted by paulgl View Post

                I notice you are in Austria, so US copyright law is a moot point,
                unless someone is an expert on the EU, US copyright law, and
                any agreements or treaties.

                But then, we do not know what country your copyright was gotten in.

                Paul
                My blog is in English and really got more to do with the US than Austria (server, etc..). Also, some of the people who signed over their rights are from the US. Like you say, it's all very complicated, and realistically no private person would sue somebody else from another continent for a small image.

                Originally Posted by paulgl View Post


                Since all "rights" were transferred to you, the point is also moot.

                Does not matter who holds the copyright. You (should) have full license
                to do whatever you want to with said "copyrighted" material. Or at
                least you claim. Having full rights is not the same as holding the copyright.
                Could be signed over, but does not need to be.

                Paul
                This is a very good point, I see the difference now. Thanks for clarifying!

                Just for completeness' sake - if I have a full license and somebody else still holds the copyright, they can use or transfer or license the image as well. If I own the copyright, I'm the only one who can do that.
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            • Profile picture of the author DrBloggood
              Originally Posted by koolphoto View Post

              As a photographer and author of an image, I hold and control the copyright.

              I can license the rights to use a photo of mine to someone else, but I still hold the copyright to that photograph.

              Should I wish, I can transfer the copyright to someone else through an agreement in writing. I am able to sell or transfer the copyright of any of my images to someone else. Should I do this then I will lose all ownership of the copyright to that image. But again, this must be spelled out in a written agreement.

              Usually when working for some companies, photographers are sometimes required to work in what is called a 'work made for hire' or a 'work for hire' agreement. Basically this is an agreement that says that I am an employee of the company I am working for and any work I create is owned by my employer. So, I wouldn't be the copyright owner. The employer is deemed the legal author in a 'work for hire' agreement.

              This is actually a good explanation as pertains to photographers:
              http://www.piercelawgroupllp.com/art...otographer.pdf

              As others have stated, you should consult a copyright lawyer to get information.
              This is a good and practical summary as well and concurs with what we said above.
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          • Profile picture of the author salegurus
            Originally Posted by kindsvater View Post

            I can name four, maybe five licensed attorneys who are forum members that can answer the OP's question in about half a second, and you've been around here even longer than I have.

            .
            So, who are they? For future reference...
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  • Profile picture of the author BrianMcLeod
    U.S. Copyright Office - Frequently Asked Questions
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    Brian McLeod
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  • Profile picture of the author DrBloggood
    I think I already found the answer to this, having followed the link from Brian McLeod. Posting this for anyone who is interested and might find this thread later on:

    The situation in the US seems to be that if a work is "work for hire", the person who has hired does indeed hold the copyright already initially. Here are the details and prerequisites:

    http://www.copyright.gov/circs/circ09.pdf

    Erin Walsh, you were right, at least for the US. I believe it's handled differently in Europe, or at least the wording is a bit different in German.

    It's awesome to have a question like that resolved within half an hour! Thanks again, Brian!
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  • Profile picture of the author WFDUDE
    Here you go Bud

    http://www.copyright.gov/circs/circ09.pdf
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  • Profile picture of the author yakim1
    I'm no expert but I have copyrighted my software with the Federal Copyright Office.

    Did I do all the coding in the software, No. but I hold the copyright. Did I create all the images that my software has, No, but I hold the copyright.

    When you hire someone to create an image for you, unless they state they retain the copyright, They basically created it as an employee or contractor.

    So you hold the copyright and not the person who did the work for a fee.

    When I hire a copywriter to create my sales copy, I'm the one who holds the rights. As I have had content for my software copyrighted by the Federal Copyright Office with no problems.

    This is a long process and took about 8 months to receive my copyright certificate. I had to submit all my work in a pdf format, which is almost manditory, and the pdf had over 2,000 pages.

    I hope this has been helpful,
    Steve Yakim
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