Principles of Copyright Law – Cases and Materials

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TABLE OF CONTENTS CHAPTER III.

OWNERSHIP OF RIGHTS

A. THE AUTHOR IS THE FIRST OWNER OF THE

COPYRIGHT

• The provider of ideas is not the author of the resulting work;
  the person who gives expression to the ideas is the author


• The author of a photograph is usually whoever takes the shot


• A person may be an author, even where he does not personally
  execute all aspects of his expression


• A person who relies entirely on another to create the work is not
  an author


• The translator is the author of his translation

B. EXCEPTIONS TO THE GENERAL RULE

• Works made by employees


• A freelance author is presumed to be the first owner of the copyright


• An employee author owns the copyright of a work that he creates,
  where (i) he is not obliged to produce the work under his contract
  of service, or (ii) the express or implied terms of his contract vest
  copyright ownership in him

C. WORKS OF CO-AUTHORSHIP

1. CO-AUTHORS OF A WORK ARE CO-OWNERS OF THE
   COPYRIGHT IN IT

• Co-authors of one work should be distinguished from two or more
  individual authors creating two or more individual works

2. EXERCISE OF RIGHTS OF CO-AUTHORSHIP

D. TRANSFER AND LICENSING OF RIGHTS

1. ASSIGNMENTS ARE DISTINGUISHED FROM LICENCES


2. ASSIGNMENTS AND EXCLUSIVE LICENCES MUST BE IN
   WRITING TO BE VALID

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