Legal Question in Intellectual Property in California

Hello. I have a question regarding filing a copyright for a film.

Me and one other person put together a film and edited it. I got all the footage and my partner wrote and recorded the narration. The music in the film is royalty-free by someone else. My partner and I are both shareholders of a corporation.

When we file our copyright, is it better to file both of our names personally as co-authors or can we just say our corporation is the only author of the work? If we say our corporation is the sole author, is it required to list our names as well or would we have better liability protection if only our corporate name was shown as the copyright holder?

Also, since I shot the footage and my partner wrote and recorded the narration, and we have royalty-free music in our film, can we still say that we created the "entire work" on our form legally?

Thanks.


Asked on 8/08/09, 2:23 pm

2 Answers from Attorneys
Gordon Firemark Law Offices of Gordon P. Firemark

Use the Corporation as the "author" of the work. This protects the film from personal liabilities, and protects you and your colleague from liabilities related to the film.

You CAN say that you created the entire work.

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Answered on 8/08/09, 2:30 pm
Richard Jefferson M.E.T.A.L. LAW GROUP, LLP

These are questions that you need to consult an attorney about. there are advantages to both strategies. For instance, what if your corporation becomes insolvant or is sued for a non-copyright related matter...if the corporation owns the copyright then the valuable copyright is a vulnerable asset. Copyright registration seems easy to do yourself but the wrong decision could cost you dearly.

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Answered on 8/08/09, 4:55 pm


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