Joint or Co-Ownership in Copyright and Protecting IP Rights: Assignment, Licensing, Transfer and Standing to Sue

Description

With the advent of new technologies which make collaboration essential to create many works such as business software or online games to more traditional works such as screenplays which are often the work of many writers, it is not easy to identify who is a copyright claimant.

The matter can become even more complicated when dealing with works made for hire since the test applied to determine when a work made by a non-employee is a work for hire is very different under the 1909 and 1976 Act. And on top of all this, the current scheme for Copyright Registration and recordation makes it difficult to track the chain of title for many works.

Often times even the most important works are created without adequate documentation. Because the law on copyright ownership is complex and often non-intuitive, many assumptions by persons outside the copyright bar are simply wrong.

Issues with copyright ownership can lead to even larger problems. Joint copyright owners are each authorized to license the work as they deem fit. Copyright ownership also impacts standing to sue and many other areas.

In this presentation, our expert panel will ask if it is possible to avoid these issues or if they are simply embedded into this area of practice. We will then explore some of the recent case law addressing how ownership vests and what rights flow from that ownership. We will examine the creative ways one can use copyright licensing and provide best practice tips for copyright due diligence.