Legal Question in Intellectual Property in California

Re: Who owns the idea (copyright) to a drawing

Even though you drew the idea first, you will not have the copyright automatically. Ideas are not copyrightable, only actual works. Therefore, the artist would be the first to create the work and would own the copyright.

In order for you to own the copyright, you need to contract in writing with the artist and expressly state in the contract that the copyright will be owned by you. While best to hire an attorney to write the contract, it will still be valid even if you write it on a cocktail napkin. If you write it yourself, avoid using terms of art like "license" and "work for hire." Unless you really understand what a judge would interpret those terms to be, you are better off just expressing the idea of the contract in the plainest language possible.

After the work is created, register it with the U.S. Copyright Office. It only costs $20, but the benefits over the long run can be enormous.