Legal Question in Intellectual Property in New York
In trying to complete a registration of copyright with the CO the online form asks whether or not the artwork has been published. The artwork was created by asking an artist to create several pieces of similar artwork for a fee. Unfortunately, no work for hire agreement was completed before making this arrangement and the artwork is now complete and payment has been made. So I believe the way to proceed is to assign the copyright.
The artwork has not yet been used in any way.
Does the assignment of a copyright to an artwork constitute the "publishing" of that artwork from the point of view of the copyright's office application?
Many thanks.
Jony
3 Answers from Attorneys
The private assignment of a copyright should not rise to "publication". A general explanation of that concept is contained here: http://www.copyright.gov/help/faq/faq-definitions.html
I hope that helps.
Best,
Kaiser
As a Franchise Attorney I believe there has to be a sale or other transfer of the artwork. Consult with a good copyright or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
As a Franchise Attorney I wanted to follow up with additional information. Besides a sale or other transfer of the artwork, there can be "publication" by rental, lease or lending of the artwork . Consult with a good copyright or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
