Legal Question in Intellectual Property in Oklahoma

Copyright Question

Without an employment agreement or any agreement with ''works made for hire'' clauses, do I have to give up my copyright on the works I did while I was a board of director and got paid once a year in form W-2?


Asked on 2/07/08, 3:14 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Copyright Question

An author (a natural person or persons) is presumptively the copyright holder on all works of authorship she or he creates UNLESS the author agrees in a signed writing that the work is a "work made for hire" under the copyright laws of the USA. In this case, the copyright holder is the employer of the author to make the work. This agreement is often, but not always, contained within the pile of papers that people sign as they begin a new job.

Without a "work made for hire" agreement in a signed writing, the original author owns the rights and has the option, but not the obligation under the copyright laws, to assign the copyright to anyone she wishes. The obligation to assign can be entered into by contract, which, assuming the contract is proper, is binding on the parties.

Hope this helps.

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Answered on 2/07/08, 10:20 pm


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