Dec 27 2008
When is an Author not an Author?
As explained in the previous post, the term “author” legally means a person who produces original work through intellectual labor. However, the creator of an original work is not always considered the author.
If the creator is a staff member being paid to create the work, the employer holds the copyright. Basically, the employer must ask the employee to do the work, and pay the employee for doing the work. Then again, if the creative work does not fall under the employee’s normal job duties, the employee, as author, may possibly hold the copyright. This is when lawyers get involved!
If the creator is not a staff member, but the employer and the creator have signed a written contract specifically stating that the work is being done as “work for hire,” the employer holds the copyright.
On the other hand, if a creator wrote an article, designed a web site, or drew a cartoon, but did not sign a “work for hire” contract, the odds are that the creator retains ownership of the copyright. Please do not consider this legal advice as I am not a lawyer, but generally speaking, if there is no contract clearly stating that the work is done for hire, and signed by both parties, the copyright is retained by the author even if the work is done on commission or by special order.
Ivan Hoffman is an intellectual properties lawyer who maintains a very useful site at http://www.ivanhoffman.com/ for anyone considered an author, whether they be writers, publishers, recording artists, songwriters, or Web site designers.
© 2008 Anne Wallingford
