Legal Question in Intellectual Property in California
I recently made a film that will be copyrighted under my corporation. I am one of the officers of the corporation. The film incorporates some footage I made of a previous copyrighted film in my own name.
When filling out the copyright application for my new film, do I need to mention that there is pre-existing work in the new film, and if so, what should I say?
1 Answer from Attorneys
Yes, you need to indicate on the form that you are claiming copyright only in the new material or that the previous work was transferred to the corporation. Because of their new electronic form system, it's a little tricky to explain exactly where this goes and what to say in this short message, but on the copyright website, there are helpful instructions on how and where to put this on the form--look under "Performing Arts works" in their guides.
You also need to license (or assign the copyright to) the corporation to use the material. That is a separate document that your attorney can make up. The license/assignment can either be indicated on the copyright application or as a separate document recordation. I go into copyright and show how to fill out the forms in my series What Every Filmmaker Needs to Know About the Law.
Copyright is a little more complicated than many people (including lawyers) believe it is, and mistakes can cause problems later. It may seem silly to go to a lawyer when you are the owner of the work and the owner of the corporation, but it might be worth your while to consult with one who understands the motion picture business and can do the paperwork for you.