Legal Question in Intellectual Property in Pennsylvania
Fraudulent registration of copyright possible?
This is a copyright ownership question. Some time ago, I took photographs for a calendar. I was not paid for this - I was (arguably) offered a fee and then waived it (arguably under coercion). I never signed a work for hire agreement; this was not during the course of my employment. I was provided with a studio and models, however by the calendar organizer.
Some time later, the calendar organizer had me sign a contract agreeing that the copyright was jointly held by us. She told me she would register the images with the Library of Congress under both our names. The agreement stipulated that neither of us would use the images commercially without the other's permission.
Recently, the calendar organizer has accused me of violating the contract (which I don't believe I did), and has told me that she has actually registered the images under her own name, so that I have no copyright ownership of them, and that she was allowed to do this because I ''broke the contract.''
My understanding is, the contract protected HER, not me, because the copyright, by default was mine. Am I incorrect? Was her registration of the copyright fraudulent, and if so, what can I do about it? Are there declarative judgments for this?
Thank you very much.
1 Answer from Attorneys
Re: Fraudulent registration of copyright possible?
It is possible that a copyright registration may be fraud on the Copyright Office. For that, copyright registrations have been deemed invalid by the courts. But, the standard is usually willfulness. It appears that she may have, in good faith, believed that because you "breached the contract," you were no longer a copyright owner -- although, I don't know this for a fact.
I am unsure of the nature of your work, so I cannot tell you whether you initially were vested with the entire copyright interest. If the contract also contained an assignment clause whereby you assigned half interest to her, then you owned half of it.
Copyrights and contract law are two separate bodies of law. One is federal law and the other is state law. I am unsure, however, what the terms of the contract were. Was there a forfeiture clause in terms of divesting the copyright in the event of a breach?
Feel free to e-mail me if you would like.
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